High Court Kerala High Court

Shine Kurien vs P.Shibu on 10 February, 2009

Kerala High Court
Shine Kurien vs P.Shibu on 10 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4292 of 2009(J)


1. SHINE KURIEN, AGED 36,S/O. KUNJUMON,
                      ...  Petitioner

                        Vs



1. P.SHIBU, ITTINETHU PADEETTATHIL,
                       ...       Respondent

2. THE UNITED INDIA INSURANCE COMPANY

3. MOHAMMED SIYAD, DARSALAM HOUSE,

4. BRANCH MANAGER, CORPORATION BANK,

                For Petitioner  :SRI.P.A.MOHAMMED SHAH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :10/02/2009

 O R D E R
                         ANTONY DOMINIC, J.
                   -------------------------
                     W.P.(C.) No.4292 of 2009
               ---------------------------------
             Dated, this the 10th day of February, 2009

                           J U D G M E N T

Ext.P1 is an award passed by the MACT, Kottayam in OP(MV)

No.1434/01, by which, compensation was awarded. But, however,

except Rs.50,000/-, the balance amount was ordered to be kept in

fixed deposit. Going by the petitioner’s averments, subsequently, an

amount of Rs.2 lakhs was also released. Still later, the petitioner

filed Ext.P3 I.A.No.3188/2008 praying for release of the balance

amount in deposit. The reason stated is that he wanted the amount

in deposit in completing the construction of the garage, which was

half way through. The Tribunal, by Ext.P4 order dated 25/08/2008

however, rejected the petition. It is challenging this order, the writ

petition is filed.

2. First of all, there is inordinate delay in filing the writ

petition itself. If as stated, there was any urgency in getting the

money released, one would think that the petitioner would have filed

this writ petition much earlier.

3. Be that as it may, on a reading of Ext.P3 I.A., I am

WP(C) No.4292/2009
-2-

inclined to think that the petitioner had a genuine reason for

making the request for premature release of the amount in deposit.

However, it is seen from Ext.P3 itself that the building permit

expired on 12/01/2009. Therefore, although I am satisfied that the

petitioner’s request is genuine, still having regard to the fact that

the permit is expired long ago, and as there is nothing to indicate

that the same has been renewed, which is necessary for any

construction, I am not inclined to pass any positive direction as

sought for.

4. Therefore, I dispose of the writ petition clarifying that in

case as on date, the building permit in question has been renewed,

it will be open to the petitioner to make an application to the

Tribunal producing the same, along with a copy of this judgment, in

which case, the Tribunal shall pass appropriate orders enabling the

petitioner to get the amount released.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg