IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 RP.No. 858 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35468/2007 .................... REVIEW PETITIONER/PETITIONER: -------------------------------------------------- M.D. GEORGE, S/O. DAVID, MADAPPALLIYIL HOUSE, OORAKADE, KIZHAKKAMBALAM. BY ADV. SRI.C.S.BALAGANGADHARAN SRI.P.VIJAYAKUMAR SRI.ASHIM.M.V. RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. DISTRICT COLLECTOR, PALAKKAD. 2. TAHSILDAR, KUNNATHUNADU, PERUMBAVOOR. 3. DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR. 4. MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD. 5. LAKSHMANAN, LAKSHAM VEEDU, AADIVASI COLONY, NADUPPATHI, P.O. WALAYAR DAM, PALAKKAD. 6. VELLACHI, W/O. LAKSHMANAN, LAKSHMAN VEEDU, AADIVASI COLONY, NADUPPATHI.P.O, WALAYAR DAM, PALAKKAD. 7. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, ALUVA BRANCH, P.B. NO. 49, RAILWAY STATION ROAD, ALUVA, ERNAKULAM. 8. THE CHAIRMAN CUM MANAGING DIRECTOR, MALABAR CEMENTS PRIVATE LIMITED, WALAYAR POST, PALAKKAD DISTRICT. BY GOVT.PLEADER SRI.T.T.MOHAMMED SRI.B.S.KRISHNAN SRI.A.R.GANGADAS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = R.P.No.858 OF 2008 IN W.P.(C) No. 35468 OF 2007 V = = = = = = = = = = = = = = = = = Dated this the 22nd day of September 2008 O R D E R By judgment dated 22.5.2008, this Court disposed of the writ petition, taking note of the statement that the dispute between the parties has been settled and payments have been made, directing that the bank guarantee furnished by the petitioner for Rs. 1 lakh be returned to him. It is now pointed out that following the interim order passed in the writ petition, petitioner had also deposited an amount of Rs.96,000/- with the 2nd respondent in the writ petition and that, the said amount should also be refunded. 2. If as stated by the petitioner, the whole dispute has been settled between him and the parties to O.P. (MV) No. 1982/92 which was pending before the MACT, Palakkad, and the liability has been fully discharged, there is no reason why the amount deposited under order of this Court should not be refunded. R.P. No. 858/08 in WPC No. 35468 OF 2007 -2- 3. Therefore, if the petitioner approaches the 2nd respondent and satisfies the conditions prescribed by this Court in paragraph 3 of the judgment, along with the bank guarantee, the amount of Rs.96,000/- deposited by him will also be considered for refund. Review petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-