IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37954 of 2008(R) -------------------------- AGAINST THE ORDER IN OPMV 872/07 IN MACA.297/2003 of M.A.C.T., THALASSERY .................... PETITIONER(S): --------------- SUDHAKARAN.K. AGED 38 YEARS S/O.ALLAKKOTTU MANNAN RESIDING AT KANNARUVATH HOUSE, ONAKKUNNU KARIVELLUR P.O., KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- UNITED INDIA INSURANCE CO. LTD., PAYYANNUR, KANNUR DISTRICT. BY GOVT. PLEADER SRI. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 37954/ 2008 ------------------------ Dated this the Ist day of January, 2009. JUDGMENT Petitioner submits that he was a claimant before the MACT, Thalassery in O.P(MV).No.872/97. It is stated that, following Ext.P1 judgment rendered by this court in MACA.No.297/08, an appeal filed by him, the Insurance Company has deposited the compensation. In order to get the aforesaid compensation amount released, the petitioner states that he filed Ext.P3 cheque application. According to the petitioner, since there is no Presiding Officer in the Tribunal on account of transfer, the Additional District Judge, Thalassery is now holding charge. It is stated that, on account of the absence of a regular Presiding Officer, the cheque application is not considered and as a result there of he is not in a position to get the amount released as sought for in Ext.P3. It is in this background the /2/ petitioner prayer for a direction to the MACT, Thalassery to pass orders on Ext.P3 cheque application filed by him. If as stated by the petitioner, the amount has been deposited, following the award passed by the Tribunal in relation to which Ext.P1 judgment has been passed by this court, petitioner is entitled to get the amount released. Seeking release of the aforesaid amount, if the petitioner has filed Ext.P3 cheque application, the Tribunal is bound to consider the said application also. Absence of a regular Presiding Officer may not be of any relevance. Therefore, the writ petition is disposed of directing that the MACT, Thalassery shall consider Ext.P3 cheque application filed by the petitioner, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ /2/