Kerala High Court
Peter T A vs State Of Kerala on 11 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:70111
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 30546 OF 2024
PETITIONER:
PETER T. A.,
AGED 31 YEARS, S/O. AUGUSTINE,
THAYYIL HOUSE, CHETHI P. O., ARTHUNGAL,
CHERTHALA,ALAPPUZHA, PIN - 688530.
BY ADVS.
SRI. NABIL KHADER
SMT. O. A. NURIYA
SMT. RUKSANA SATHAR P. A.
SRI. M. R. SARIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE LAW SECRETARY,
DEPARTMENT OF LAW, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SHERISTADAR,
MACT ALAPPUZHA, PIN - 688001.
3 JUNIOR SUPERINTENDENT,
MACT ALAPPUZHA, PIN - 688001.
4 UCO BANK,
ALAPPUZHA,MULLAKKAL, ALAPPUZHA, KERALA,REPRESENTED BY
ITS BRANCH MANAGER, PIN - 688011
BY ADV.
SRI. P. K. MANOJKUMAR - SC
SRI. BINOY DAVIS - GP
SRI. DEEPAK JOY K - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30546 OF 2024
2
2024:KER:70111
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 30546 of 2024
-------------------------
Dated this the 11th day of September, 2024
JUDGMENT
1. The present writ petition has been filed for the following
prayers;
(i) To issue a writ of mandamus directing the 2nd
and 3rd respondents to issue the FD receipt to the
Counsel of the petitioner or his father within a
time frame for the purpose of producing it before
the 4th respondent.
(ii) Direct the 4th respondent to transfer the FD
amount to the account of the petitioner covered by
Exhibit P5 within a time frame.
(iii) To issue any other writ or direction appropriate
in the circumstances of this case which this Hon'ble
Court deems just and necessary.
2. The petitioner's application for release of Rs. 35,00,000/- FD
amount has been allowed by the Motor Accidents Claims Tribunal,
Alappuzha vide Exhibit P-3 order.
3. The learned Counsel for the petitioner submits that, despite the
said order, the FD amount is not being released by the 3 rd respondent
WP(C) NO. 30546 OF 2024
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Bank as the original FDs are in the possession of the 2 nd and 3rd
respondents and they are not giving receipts. He further submits
that the claimant is 90% disabled man and the petitioner has
authorised his father to take the original FD from the 2 nd and 3rd
respondents and present before the 3rd respondent Bank for making
payment. However, the 2nd and 3rd respondents are insisting on the
physical presence of the petitioner who is unable to move as he is
90% disabled.
4. In view thereof, I am of the view that the petitioner instead of
approaching this Court should move the Tribunal itself with an
appropriate application for an appropriate direction for
releasing/giving the FD/receipt to his father for presenting the same
before the 4th respondent Bank for payment.
5. Hence, the present writ petition is hereby disposed of with
direction to the petitioner to move the Tribunal with an appropriate
application for an appropriate direction for releasing/giving the
FD/receipt to his father for presenting the same before the 4 th
respondent Bank for payment. If the petitioner files such an
application, the same should be given consideration expeditiously,
preferably within period of one week thereafter.
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6. It may also be noted that the Counsel for the Insurance
company as well as the the 4th respondent Bank have no objection in
releasing the amount in favour of the father of the petitioner subject
to the orders passed by the Tribunal.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 30546 OF 2024
2024:KER:70111
APPENDIX OF WP(C) 30546/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF DISABILITY CERTIFICATE ISSUED
TO THE PETITIONER DATED 09.03.2017
EXHIBIT P2 A TRUE COPY OF THE IA NO.7/2024 IN OP MV 566/
2024 OF MACT, ALAPPUZHA
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 29.07.2024 IN
IA 7/2024 OF THE HON'BLE MACT ALAPPUZHA
EXHIBIT P4 A TRUE COPY OF THE LETTER OF AUTHORIZATION
DATED 23.08.2024 ISSUED BY THE PETITIONER TO
HIS FATHER AUGUSTINE
EXHIBIT P5 A TRUE COPY OF THE PASSBOOK OF THE PETITIONER
SHOWING THE ACCOUNT DETAILS TO WHICH THE FD
HAS TO BE TRANSFERRED BY THE 3RD RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE AWARD DATED 11.10.2021 IN
OP MV 566/2014 OF THE HON'BLE MACT ALAPPUZHA
