IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 1720 of 2009(D) ------------------------- WCC.382/2002 of W.C.C.,THRISSUR .................... PETITIONER(S): --------------- VIKRAMAN NAIR, S/O.KRISHNAN NAIR PUTHENPURACKAL HOUSE, MAYANNUR VIA., P.CHELAKKARA, KONDAZHY PO., THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. COMMISSIONER FOR WORKMEN'S COMPENSATION DY.LABOUR COMMISSIONER, THRISSUR. 2. NATIONAL INSURANCE CO.LTD. THRISSUR DIVISION OFFICE, KOLLANNUR DEVASSY SMARAKA BUILDING, ROUND EAST, THRISSUR-1,. ADV. SRI.E.M.JOSEPH FOR R2 BY GOVT. PLEADER SRI. P.. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.1720 OF 2009 ------------------------ Dated this the 19th day of February, 2009. JUDGMENT Petitioner was the claimant in W.CC.No.382/02 before the Commissioner for Workmen's Compensation, Trissur. Ext.P1 is the order passed awarding compensation. Petitioner submits that he made an application for withdrawal of the the compensation deposited but however, the same has not been allowed. It is stated that although the Insurance Company has filed MFA. No.88/08 there is no order of stay in the MFA and therefore the petitioner is entitled to have the amount released. Counsel for the Insurance Company points out that because there was delay in filing the appeal that they could not obtain stay of the order in WCC and that steps are being taken to get an order of stay of releasing the amount due under Ext.P1. WP(c).No.1720/09 /2/ From the above it is clear that as on today there is no stay passed by the Division Bench restraining withdrawal of the amount deposited as per order in WCC.No.382/02. If that be so, the claimant is entitled to have the amount withdrawn. However, having regard to the fact that the MFA filed by the Insurance Company is already admitted and is pending before this Court, I direct that if the Insurance Company does not succeed in obtaining stay and produce the order within 3 weeks from today, it will be open to the petitioner to move the first respondent for passing orders on Ext.P2 application made by him in which event the first respondent shall pass appropriate orders therein. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.1720/09 /2/