IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29819 of 2008(Y) -------------------------- OP.889/2002 of M.A.C.T.,KOTTAYAM .................... PETITIONER(S): --------------- VINOD, S/O.AYYAPPAN, PADINJAREMATTAPPALLY, KOVILAKATHU KADAVU , VAIKOM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. SAJI, S/O.KUMARAN, VELUTHEDATHUPARAMBIL MULAKULAM VILLAGE, KIZHUR, VAIKOM. 2. C.J.ABRAHAM, CHENNAMKARI, PASDINJAREKKARA POST, VAIKOM. 3. UNITED INDIA INSURANCE COM.LTD., KOTTAYAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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