P.B. HAMZA Vs. SPECIAL TAHSILDAR (R.R.),

JUDGEMENT

(1.) PETITIONER approached this Court challenging Ext. P1 revenue recovery notice. The recovery proceedings were initiated against the petitioner pursuant to the orders of the MACT, Ernakulam in E.P. No. 146/10 in OP(MV) No. 1992/01. In the aforesaid OP, the Tribunal passed an ex parte award against the petitioner and it is in pursuance to the said award, E.P. was filed and the recovery proceedings were initiated. Subsequently, petitioner filed an application for setting aside the ex parte order and considering the pendency of the aforesaid application, this Court entertained the writ petition and interim order was granted staying recovery proceedings. Counsel for the petitioner and the learned counsel appearing for the 4th respondent Insurance Company submits that the application to set aside the ex parte order has been partly heard and that now it is posted to 7/1/13 for hearing the Insurance Company.

(2.) NOW that the MACT, Ernakulam has partly heard the WPC. No. 5898/11 application and further hearing is to take place on 7/1/13, I feel the recovery proceedings should be kept in abeyance until the MACT passes orders on the application filed by the petitioner. Therefore, I dispose of this writ petition directing that the recovery proceedings pursuant to Ext. P1 shall be kept in abeyance until the MACT, Ernakulam passes orders on Exts.P3 and P4 applications filed by the petitioner to set aside the ex parte award against him. The Tribunal also shall expeditiously pass orders on the aforesaid applications. Petitioner or the 4th respondent shall produce a copy of this judgment along with a copy of the writ petition before the Tribunal for compliance.