Chavakkad Municipality vs Skandukumar N.A
2022 Latest Caselaw 1385 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                         W.P.(C) NO.1097 OF 2016
PETITIONER:

              CHAVAKKAD MUNICIPALITY
              REPRESENTED BY THE SECRETARY,
              CHAVAKKAD, THRISSUR.

              BY ADVS.
              SRI.N.N.SUGUNAPALAN (SR.)
              SRI.S.SUJIN



RESPONDENTS:

     1        SKANDUKUMAR N.A.,
              NADUVILEDATH HOUSE,
              MANATHALA, CHAVAKKAD P.O.,
              THRISSUR.

     2        STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY TO GOVT.,
              SECRETARIAT, THIRUVANANTHAPURAM.

    R1        BY ADV SRI.G.SREEKUMAR (CHELUR)

    R2        SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.1097 OF 2016
                                  -2-

                     P.V.KUNHIKRISHNAN, J.
            -----------------------------------------------
                     W.P.(C) No.1097 of 2016
            -----------------------------------------------
            Dated this the 1st day of February, 2022

                             JUDGMENT

The above writ petition is filed with the following prayers:-

"a)To issue a writ of Certiorari or any other appropriate Writ, order or direction quashing Exhibit-P1 and P2 order of the 'Forum' and the 'Commission'.

b) To issue a writ of mandamus or any other appropriate Writ, order or direction declaring that the petitioner municipality will not come within the ambit of the definition of 'consumer' as defined under the Consumer Protection Act.

c) To award the cost of these proceedings to the petitioner."

2. The petitioner challenges Exts.P1 and P2 orders. Ext.P1

is an order passed by the Consumer Disputes Redressal Forum,

Thrissur. Ext.P2 is an order passed in an appeal by the State

Consumer Disputes Redressal Forum, which was actually filed

against Ext.P1 order. The writ petition is filed challenging these

orders. Admittedly, the petitioner has got an alternative remedy

against Ext.P3. The point is considered by this Court in detail. In

the light of the principle laid down by the Division Bench of this W.P.(C) NO.1097 OF 2016

Court in Regional Cancer Center, Tvm v. Kerala State

Consumer Dispute Redressal Commission, Tvm and others

[2021 (5) KHC 236], this writ petition is not maintainable.

Therefore, this writ petition is dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bpr W.P.(C) NO.1097 OF 2016

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 23.04.2014 ISSUED BY THE FORUM.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE COMMISSION.