Sreekanth.T.R vs K.P.Moyin
2022 Latest Caselaw 601 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                        WP(C) NO. 28819 OF 2021
PETITIONER:

          SREEKANTH.T.R.,
          AGED 55 YEARS
          S/O. THOPPIL RAMACHANDRAN NAIR, SECRETARY, KERALA STATE
          CO-OPERATIVE EMPLOYEES PENSION BOARD, 7TH FLOOR,
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
          THIRUVANANTHAPURAM 695 001.
          RESIDING AT 'SREE PADMAM', ANITHA PARK, PETTAH,
          VACHIYOOR P.O., THIRUVANANTHAPURAM 695 035.
          BY ADV M.SASINDRAN


RESPONDENTS:

    1     K.P.MOYIN,
          S/O. MUHAMMED,
          KOZHIPARAMBIL HOUSE, MUNDUPARAMBU POST, ERNADU TALUK,
          MALAPPURAM DISTRICT 676 509.
    2     DISTRICT CONSUMER DISPUTE REDRESSAL FORUM,
          MALAPPURAM, PIN - 676 505 ,
          REPRESENTED BY ITS SECRETARY.
    3     THE STATE CONSUMER DISPUTES REDRESSAL
          COMMISSION, THIRUVANANTHAPURAM, PIN - 695 033,
          REPRESENTED BY ITS SECRETARY.
          BY ADVS.
          K.SALMA JENNATH(K/001505/2018)
          ARUN CHAND(K/000860/2016)
          RASSAL JANARDHANAN A.(K/000960/2018)


          SMT.G.SHEEBA, GOVERNMENT PLEADER

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28819 OF 2021

                                2


           P.V.KUNHIKRISHNAN, J
        -------------------------------------
          W.P.(C)No.28819 of 2021
        -------------------------------------
   Dated this the 14th day of January, 2022

                        JUDGMENT

The above writ petition is filed with following

prayers:

    "i)     set aside Ext.P5 order;
    ii)     declare that issuance of Ext.P5 when the stay

order is issued by the Appellate Court and the judgment in the Appeal has not been issued, is improper and invalid;

iii) command the 2nd respondent not to proceed further in Ext.P5, till receipt of the Appellate Order in Ext.P2 appeal;

iv) award cost to the petitioner;"

2. When this writ petition came up for

consideration on 14.12.2021, this Court passed the

following order:

"The learned Standing Counsel for the Kerala State Co-operative Employees Pension Board submits that there was an interim order against the operation of the order of the District Redressal Commission till disposal of the appeal. Though the WP(C) NO. 28819 OF 2021

appeal has been heard and taken up for orders, no order has been passed in appeal. But in the meanwhile, Ext.P5 arrest warrant is issued in pursuance of Ext.P4 Execution Application.

Admit.

Issue urge notice to R1 to R3.

There will be an interim stay on the operation of Ext.P5 for a period of one month."

3. The 1st respondent filed a complaint before

the Consumer Disputes Redressal Forum(CDRF),

Malappuram against the petitioner. The CDRF passed

an order as evident by Ext.P1. Ext.P1 was

challenged by the petitioner before the State Forum

as evident by Ext.P2. There was an interim order

also in favour of the petitioner as evident by Ext.P3.

It is the case of the petitioner that a warrant is issued

by the CDRF. Hence this writ petition is filed.

4. Heard the learned counsel for the

petitioner, the learned counsel for the 1 st respondent

and the learned Government Pleader also.

5. The learned counsel for the petitioner

submitted that, subsequent to the filing of the writ WP(C) NO. 28819 OF 2021

petition, a copy of the order dismissing the appeal

filed by the petitioner is received and thereafter the

entire amount due to the 1st respondent is paid. The

learned counsel for the 1st respondent submitted that

the entire amount is not paid even now and it is only

a part payment. What ever that may be, the 1 st

respondent can approach the CDRF claiming balance

amount, if any. In the facts and circumstances of this

case, Ext.P5 can be set aside and the parties can be

relegated to the CDRF for the redressal of any

surviving grievance.

Therefore, this writ petition is allowed in the

following manner:

i. Ext.P5 warrant is set aside.

ii. The 1st respondent is free to approach the

Consumer Disputes Redressal Forum,

Malappuram, if there is any balance amount

due from the petitioner, within two weeks from

the date of receipt of a copy of this judgment.

iii. If such an application is received, the CDRF, WP(C) NO. 28819 OF 2021

Malappuram will consider the same and pass

appropriate orders in it, after issuing notice to

the petitioner, as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 28819 OF 2021

APPENDIX OF WP(C) 28819/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 31.12.2016 IN C.C. NO. 15/2016 OF THE CONSUMER DISPUTES REDRESSAL FORUM, MALAPPURAM.

EXHIBIT P2 TRUE COPY OF THE APPEAL NO.

406/2017 FILED BY THE PENSION BOARD BEFORE THE STATE FORUM.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.06.2017 IN APPEAL NO. 406/2017 OF THE STATE CONSUMER COMMISSION. EXHIBIT P4 TRUE COPY OF THE EXECUTION APPLICATION PREFERRED BY THE IST RESPONDENT HEREIN BEFORE THE DISTRICT FORUM.

EXHIBIT P5 TRUE COPY OF THE WARRANT OF ARREST ISSEUD BY THE DISTRICT CONSUMER REDRESSAL COMMISSION, MALAPPURAM DATED 27.10.2021.

EXHIBIT P5 (A) TRUE COPY OF THE LEGIBLE COPY OF EXT. P5.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE