Biju Ramachandran vs State Of Kerala
2022 Latest Caselaw 2770 Ker

WP(C) NO. 38827 OF 2015              1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
           FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                            WP(C) NO. 38827 OF 2015
PETITIONER/S:
           BIJU RAMACHANDRAN
           SENIOR SUPERINTENDENT, O/O.THE INSPECTOR GENERAL OF
           REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM.

               BY ADVS.
               SRI.GRASHIOUS KURIAKOSE (SR.)
               SRI.SEBASTIAN JOSEPH KURISUMMOOTTIL


RESPONDENT/S:
     1     STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
           TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

       2       THE INSPECTOR GENERAL OF REGISTRATION
               OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,VANCHIYOOR
               P.O, THIRUVANANTHAPURAM, KERALA, PIN-695 010

       3       THE SUB REGISTRAR
               OFFICE OF THE SUB REGISTRAR, CHALAI, THIRUVANANTHAPURAM
               -695 016.

       4       THE JUNIOR SUPERINTENDENT
               OFFICE OF THE SUB REGISTRAR, CHALAI - 695 101.

       5       THE PRESIDENT
               CONSUMER DISPUTES REDRESSAL FORUM, THIRUVANANTHAPURAM-
               695001

       6       SANDEEP T. G EORGE
               T.C.11/291, CHRIST NAGAR, KOWDIAR P.O.,
               THIRUVANANTHAPURAM, KERALA STATE, PIN - 695 101.

               BY ADVS.
               SMT.BREJITHA UNNIKRISHNAN
               SMT.K.R.RIJA
               SMT. VIDYA KURIAKOSE, GP, SRI.SUMAN CHAKRAVARTHY, R6

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38827 OF 2015              2


                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 38827 of 2015
                     --------------------------------------
                Dated this the 11th day of March, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ in the nature of certiorari or such other appropriate writ,order or direction calling for the records leading upto the issuance of Ext.P6 and quash the same,

(ii) Declare that the petitioner is not personally liable to execute Ext.P4 order as he has not personally committed any deficiency in service while he was working as a Junior Superintendent in the office of the Sub Registrar, Chalai.

(iii) Stay the operation of Exts.P6 and all further proceedings pursuant to the same against the petitioner, pending disposal of the writ petition.

(iv) To grant such other order or direction which this Hon'ble Court would deem just and proper in the facts and circumstances of the case." [SIC]

2. The 6th respondent herein filed Ext.P3 complaint

before the Consumer Disputes Redressal Forum,

Thiruvananthapuram claiming compensation. The above

complaint was allowed against the respondents therein as per

Ext.P4 order. The same became final. Thereafter, the Consumer

Disputes Redressal Forum issued Ext.P6 notice in EP No.

44/2015. Aggrieved by the same, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the 6th respondent. I also heard

the learned Government Pleader.

4. It is an admitted fact that Ext.P4 order became final.

Thereafter, the 6th respondent approached the Consumer

Disputes Redressal Forum, Thiruvananthapuram with an

execution petition. The Consumer Forum issued Ext.P6 notice to

the petitioner. Ext.P6 notice is challenged in this writ petition.

According to the petitioner, the petitioner is not personally liable

based on Exts.P4 and P5 orders. These are matters to be raised

before the execution court. The petitioner is free to raise all

these contentions before the execution court and convince the

Forum that the petitioner is not liable based on Exts.P4 and P5

orders. The counsel for the 6th respondent submitted that the

point raised by the petitioner is concluded by the National

Forum. I do not want to make any observation about the same.

The petitioner and the 6th respondent are free to agitate their

contentions before the Consumer Forum, in accordance to law.

With the above observation, this writ petition is

dismissed. SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 38827/2015

PETITIONER EXHIBITS

P1 - TRUE COPY OF THE GOVT. ORDER G.O(RT)NO.51/2015/TD DATED 28.1.2015

P2 - TRUE COPY OF THE APPLICATION DATED 22.9.2010 FILED BEFORE THE SUB REGISTRAR

P3 - TRUE COPY OF THE COMPLAINT FILED BY THE 6TH RESPONDENT BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM.

P4 - TRUE COPY OF THE ORDER OF THE DISTRICT FORUM DATED 15.10.2015 IN CC NO.408/2010

P5 - TRUE COPY OF THE JUDGMENT DATED 27.10.2014 IN APPEAL NOS.31/14 & 15/14 OF CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM.

P6 - TRUE COPY OF THE NOTICE DATED 10.9.2015 ISSUED BY THE CDRF

RESPONDENT EXHIBITS

Exhibit R6(1) THE COPY OF THE ORDER PASSED BY LOKAYUKTHA DATED 29.12.2011 IN COMPLAINT NO.1725/2010 B.

Exhibit R6(2) THE COPY OF THE ORDER DATED 07-08-2015 IN R.P NO.1336/2015 BY THE NATIONAL CONSUMER REDRESSAL COMMISSION, NEW DELHI.

Exhibit R6(3) TRUE COPY OF THE ORDER DATED 07-08-2015 IN RP 1292/2015 BY THE NATIONAL CONSUMER REDRESSAL COMMISSION, NEW DELHI.