IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29819 of 2008(Y)
1. VINOD, S/O.AYYAPPAN,
... Petitioner
Vs
1. SAJI, S/O.KUMARAN, VELUTHEDATHUPARAMBIL
... Respondent
2. C.J.ABRAHAM, CHENNAMKARI,
3. UNITED INDIA INSURANCE COM.LTD.,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :13/10/2008
O R D E R
V.GIRI, J
-------------------
W.P.(C).29819/2008
--------------------
Dated this the 13th day of October, 2008
JUDGMENT
Petitioner is the claimant in O.P.(MV).889/2002
on the files of MACT, Kottayam. Award was passed
allowing the petitioner to recover an amount of
Rs.1,16,300/- with 6% interest from the date of filing
the O.P till the date of realization of the amount. An
amount of Rs.25,000/- was disbursed to the petitioner.
He then filed Ext.P2 application for release of the
entire balance amount of Rs.1,19,513/- kept in a fixed
deposit. The same was disposed of under Ext.P3 by
the following order.
“Premature release for purchasing
property. Allowed Rs.50,000/-. Balance to
be released on production of copy of Sale
deed executed in the name of petitioner.”
2. I heard learned counsel for the petitioner.
Respondents may not have subsisting interest over the
W.P.(C).29819/2008
2
subject matter. Therefore, no notice has been issued. I
agree with the submission of the learned counsel for the
petitioner that the request made by the petitioner is
covered by a direction issued by the Supreme Court in
Susamma v. KSRTC (1994 (1) KLT, 67). In the
circumstances, Ext.P3 order is set aside. MACT,
Kottayam, shall pass fresh order permitting an amount
of Rs.1,15,000/- to be released to the petitioner. The
balance amount shall also be released, on the petitioner
producing a registration copy of the sale deed, as
undertaken by him. Amount shall be disbursed within a
period of one month from the date of production of a
copy of this judgment along with the copy of the writ
petition.
V.GIRI,
Judge
mrcs