Kerala High Court
Hadson Stephen vs Hadson Stephen on 27 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
OP (MAC).No.11 OF 2021
(IN OP(MV)NO.130/2020, 131/2020, 132/2020, 133/2020, 134/2020,
135/2020 AND 136/2020 OF THE MACT, THIRUVANANTHAPURAM)
PETITIONER/4TH RESPONDENT:
HADSON STEPHEN
AGED 72 YEARS
KEERTHI, KAKKOTTUMOOLA,
MAYYANAD P.O., KOLLAM
BY ADVS.
SRI.R.MOHANA BABU
SRI.M.AJITH (KARICODE)
SMT.SERA ROSE GEORGE
RESPONDENTS/PETITIONERS & RESPONDENTS:
1 VIPIN CHAND
S/O.RADHAKRISHNAN NAIR, R.S.MANDIRAM,
NJARAYILKONAM P.O., MADAVOOR VILLAGE-695 602
2 VISAK KRISHNAN
S/O.RADHAKRISHNAN NAIR, R.S.MANDIRAM,
NJARAYILKONAM P.O., MADAVOOR VILLAGE-695 602
3 VIJI, AGED 30 YEARS, W/O.VIPIN CHAND, R.S.MANDIRAM,
NJARAYILKONAM P.O., MADAVOOR VILLAGE-695 602
4 DEEPA V., W/O.LATE SATHEESH CHANDRAN, ABHINAV
MANDIRAM, NANDHANAM, NEAR GUEST HOUSE,
VARKALA P.O., THIRUVANANTHAPURAM 605 001
5 ABHINAV (MINOR)
AGED 15 YEARS, S/O. SATHEESH CHANDRAN, ABHINAV
MANDIRAM, NANDHANAM, NEAR GUEST HOUSE,
VARKALA P.O., THIRUVANANTHAPURAM 605 001
REP.BY HIS MOTHER AND NATURAL GUARDIAN, DEEPA.V,
W/O.LATE SATHEESH CHANDRAN, ABHINAV MANDIRAM,
NANDHANAM, NEAR GUEST HOUSE, VARKALA P.O.,
THIRUVANANTHAPURAM 605 001
OP (MAC).No.11 OF 2021
2
6 ABHINAND (MINOR)
AGED 11 YEARS, S/O. SATHEESH CHANDRAN, ABHINAV
MANDIRAM, NANDHANAM, NEAR GUEST HOUSE,
VARKALA P.O., THIRUVANANTHAPURAM 605 001
REP.BY HIS MOTHER AND NATURAL GUARDIAN, DEEPA.V,
W/O.LATE SATHEESH CHANDRAN, ABHINAV MANDIRAM,
NANDHANAM, NEAR GUEST HOUSE, VARKALA P.O.,
THIRUVANANTHAPURAM 605 001
7 SANTHAKUMARI
M/O.SATHEESH CHANDRAN, SATHEESHA MANDIRAM,
THUMPOD, MADAVUR, THIRUVANANTHAPURAM 695 012
8 D.DANIEL OTTUVILALI
PACODE, THINKKURICHI P.O., KANYAKUMARI DISTRICT,
TAMIL NADU-629 702
9 JAYARAJAN C.
LEELA VILASOM, BUNGALOW,
THAMPANNAMKALATHINVILA, NELLIKUZHY,
NEYYANTTINKARA 695 121
10 THE UNITED INDIA INSURANCE CO.LTD.
ASCAR COMPLEX, PALACE ROAD, ATTINGAL 695 101
11 THE NATIONAL INSURANCE CO.LTD.
GANDHARI AMMANCOIL ROAD, PULIMOOD JUNCTION,
THIRUVANANTHAPURAM 695 101
12 LIJITH @ KUTTAN
S/O.BALACHANDRA KURUP, SEEMANTHAPURATHU VEEDU,
THUMPODE, MADAVOOR, THIRUVANANTHAPURAM 695 602
13 HARIS
S/O.ALIYAR KUNJU, HARIS MANZIL, THAZHUTHALA,
KOTTIYAM P.O., KOLLAM 691 001
14 ZIYAD
S/O.MUHAMMED KUNJU, SAJAD MANZIL, THUMPODE,
MADAVOOR, THIRUVANANTHAPURAM 695 602
SC SRI.P.K MANOJ KUMAR
SC SRI.LAL K.GEORGE
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 27.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.11 OF 2021
3
JUDGMENT
The petitioner herein is the fourth respondent in
OP(MV)Nos.130/2020, 131/2020, 132/2020, 133/2020,
134/2020, 135/2020 and 136/2020 of the MACT,
Thiruvananthapuram. Originally those Original Petitions
were pending before the MACT, Attingal. By virtue of
Ext.P8 common judgment in appeal, the appeals were
allowed and award was set aside and the matter was
remanded. By order in Ext.P9, all the cases were
transferred to MACT, Thiruvananthapuram from MACT,
Attingal. Thereafter, the petitioner herein filed IAs for
refund of the statutory deposits made as Exts.P1 to P7.
The applications were dismissed by Ext.P10 order on
the ground that there was no deposits. According to
the learned counsel for the petitioner the deposits
covered by Exts.P1 to P7 have not been forwarded from
MACT, Attingal to MACT, Thiruvananthapuram. The
limited prayer sought is for a direction to the MACT,
OP (MAC).No.11 OF 2021
Attingal to transmit all the above records.
2. Sri.Lal K.George and P.K.Manoj Kumar took
notice for respondents No.11 and 10 respectively.
3. Having considered the limited prayer sought
by the petitioner herein, OP(MAC) itself can be disposed
of at the threshold, without issuing notice to the other
respondents directing MACT, Attingal to transmit
Exts.P1 to P7 forthwith. On receipt of the documents,
the petitioner will be free to move MACT,
Thiruvananthapuram for appropriate orders.
O.P.(MAC) is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
OP (MAC).No.11 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 18.12.2017 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P2 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 18.12.2017 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P3 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 18.12.2017 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P4 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 18.12.2017 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P5 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 29.10.2018 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P6 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 29.10.2018 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P7 TRUE COPY OF THE STATUTORY DEPOSIT
RECEIPT DATED 29.10.2018 ISSUED FROM
MACT, ATTINGAL
EXHIBIT P8 TRUE COPY OF THE COMMON JUDGMENT
IN MACA.4279/2017, 4280/2017,
4281/2017, 4282/2017, 3602/2018,
3603/2018 AND 3630/2018 DATED
10.12.2018 OF THIS HON'BLE COURT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN
TR.P(C).135/2019 DATED 13.12.20219 OF
THIS HON'BLE COURT.
EXHIBIT P10 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1441/2020 IN OP(MV).130/2020
DATED 30.6.2020
OP (MAC).No.11 OF 2021
EXHIBIT P11 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1442/2020 IN OP(MV).131/2020
DATED 30.6.2020
EXHIBIT P12 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1443/2020 IN OP(MV).132/2020
DATED 30.6.2020
EXHIBIT P13 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1444/2020 IN OP(MV).133/2020
DATED 30.6.2020
EXHIBIT P14 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1445/2020 IN OP(MV).134/2020
DATED 30.6.2020
EXHIBIT P15 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1446/2020 IN OP(MV).135/2020
DATED 30.6.2020
EXHIBIT P16 CERTIFIED COPY OF THE ORDER OF MACT,
THIRUVANANTHAPURAM IN
IA.1447/2020 IN OP(MV).136/2020
DATED 30.6.2020
RESPONDENT'S/S EXHIBITS NIL
