Kerala High Court
Sree Padmmanavilasom Arayajana ... vs T.S Ravi on 16 February, 2022
WP(C) NO. 20253 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
WP(C) NO. 20253 OF 2015
PETITIONER/S:
1 SREE PADMMANAVILASOM ARAYAJANA KARAYOGAM
AGED 53 YEARS
AKDS BRANCH NO.54, KOMANA, AMBALAPPUZHA, REPRESENTED BY
ITS PRESIDENT.
2 SREE PADMMANAVILASOM ARAYAJANA KARAYOGAM
AKDS BRANCH NO.54, KOMANA, AMBALAPPUZHA, REPRESENTED BY
ITS SECRETARY.
BY ADVS.
SRI.SIJI ANTONY
SRI.P.S.SAJEEV CHIRAYIL
RESPONDENT/S:
1 T.S RAVI
CHAMBAKASSERY VEEDU, KATTOOR P.O., KALAVOOR VILLAGE,
ALAPPUZHA DISTRICT, PIN-688546.
2 RETHI BHAI
W/O.T.S.RAVI, CHAMBAKASSERY VEEDU, KATTOOR P.O., KALAVOOR
VILLAGE, ALAPPUZHA DISTRICT, PIN-688546.
3 REMYA
D/O.T.S.RAVI, CHAMBAKASSERY VEEDU, KATTOOR P.O., KALAVOOR
VILLAGE, ALAPPUZHA DISTRICT, PIN-688546.
4 RESHMA
D/O.T.S.RAVI, CHAMBAKASSERY VEEDU, KATTOOR P.O., KALAVOOR
VILLAGE, ALAPPUZHA DISTRICT, PIN-688546.
BY ADVS.
SRI.BABU CHERUKARA, SRI.GIRISHAN
SRI.PRATHEUSH.M.ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20253 OF 2015 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 20253 of 2015
--------------------------------------
Dated this the 16th day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) issue a writ of prohibition or other appropriate
writ, order or direction restraining the Consumer
Disputes Redressal Forum, Alappuzha from
proceeding further in C.C. No. 165/2015.
(ii) set aside Exhibit P2 order in I.A. No. 56/2015 in
C.C. No. 165/2015 dated 09.06.2015 passed by the
Consumer Disputes Redressal Forum, Alappuzha.
(iii) declare that the Consumer Disputes Redressal
Forum, Alappuzha has no authority or jurisdiction to
pass Exhibit P2 Order.
(iv) Award the costs of these proceedings to the
petitioners.
(v) and grant such other and further reliefs as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case."
2. The petitioners are mainly aggrieved by Ext.P2 order
passed by the Consumer Dispute Redressal Forum, Alappuzha.
The learned counsel for the respondents submitted that the
petitioners have got an alternative remedy against Ext.P2
order and without availing the same, this writ petition is filed.
This writ petition was admitted on 6.7.2015. No interim order
is passed by this Court staying the impugned order passed by
the Consumer Dispute Redressal Forum. The Consumer
Dispute Redressal Forum passed the order on 9.6.2015. This
writ petition was filed on 2.7.2015. If the petitioners are
aggrieved by the orders of the Consumer Dispute Redressal
Forum, the petitioners are free to approach the State
Commission in accordance to law. If the petitioners have got a
case that the complaint itself is not maintainable, the
petitioners are free to approach the District Forum itself with
an application raising the maintainability. This Court in
Controller of Examinations, Kannur University
v. Sreya N. [2021 (5) KHC 537] observed that this Court need
not entertain the writ petition against the orders passed by the
District Forum. Hence, granting liberty to the petitioners to
approach the appropriate authority, this writ petition can be
closed.
Therefore, this writ petition is closed, granting liberty to
the petitioners to approach the appropriate forum, if the
petitioners are aggrieved by any order of the District Forum.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 20253/2015
PETITIONER EXHIBITS
P1: COPY OF THE NOTICE DATED 15.6.2015
ALONG WITH THE COMPLAINT.
P2: COPY OF THE ORDER PASSED BY THE
CONSUMER DISPUTES REDRESSAL FORUM,
ALAPPUZHA IN I.A.NO.56/2015 IN
C.C.NO.165/2015 DATED 09.06.2015.
