Kerala High Court
Dr. Valsamma Chacko vs Leelamma Joseph on 13 June, 2023
WP(C) No.18689/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
WP(C) NO. 18689 OF 2023(I)
PETITIONER:
DR. VALSAMMA CHACKO, PROFESSOR OF OBSTETRICS AND GYNAECOLOGY (RETD),
SENIOR CONSULTANT, OBSTETRICS AND GYNAECOLOGY, KERALA INSTITUTE OF
MEDICAL SCIENCES, THIRUVANTHAPURAM - 695 029.
RESPONDENTS:
1. MRS. LEELAMMA JOSEPH, W/O. MR. JOSEPH.J., SAROYA, LINK VALLEY,
KUSUMAGIRI P O, EDACHIRA ROAD, KAKKANAD, KOCHI - 682 030.
2.G.G.HOSPITAL,MEDICAL COLLEGE ROAD,THIRUVANANTHAPURAM-695011,
REPRESENTED BY ITS MANAGING DIRECTOR.
3.DR.SASIKUMAR,SENOIR UROLOGIST,G.G.HOSPITAL,THIRUVANANTHAPURAM-695011
4.DR.VIKRAMAN.K.R,UROLOGIST,KIMS HOSPITAL,THIRUVANANTHAPURAM-695029
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of the Order dated 27.03.2023 of the Learned
National Consumer Disputes Redressal Commission, New Delhi in First Appeal
383 of 2013 and the order dated 22.02.2013 of the Learned State Consumer
Redressal Commission Kerala at Thiruvananthapuram in Complaint No. 10/2005
till the disposal of the present petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. AJIT JOY, ANEESH JAMES & SAYUJYA, Advocates for the petitioner, the
court passed the following:
WP(C) No.18689/2023 2/4
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 18689 of 2023
=============================================================
Dated this the 13th day of June, 2023
ORDER
The counsel for the petitioner submitted that in the light of
Ext.P1 judgment, this writ petition is maintainable. After going
through Ext.P1 judgment, I think there is some force in the argument.
The question of maintainability can be raised by the respondents also
at the appropriate stage.
2. Admit. Issue urgent notice by speed post to respondents.
3. It is submitted that an amount of Rs.5.5 lakhs is already
deposited in the Registry of National Consumer Disputes Redressal
Commission. The amount ordered as per Ext.P3 is 22 lakhs. This
Court suggested to deposit further amount as a condition for staying
the order. The counsel for the petitioner, after getting instructions,
submitted that the petitioner will deposit a further amount of Rs.5.5
lakhs before the State Consumer Disputes Redressal Commission,
within two weeks.
WP(C) No.18689/2023 3/4
W.P.(C). No. 18689 of 2023
Therefore, there will be an interim order of stay as prayed for on
condition that the petitioner will deposit a further amount of Rs.5.5
lakhs before the State Consumer Disputes Redressal Commission,
within two weeks. The petitioner is free to file an application before
the State Consumer Forum for transferring the amounts to a
nationalised bank as fixed deposit and if such an application is filed,
the Commission will do the needful, in accordance with law. The
amount so deposited by the petitioner shall not be disbursed to the 1 st
respondent, without getting further orders from this Court.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
13-06-2023 /True Copy/ Assistant Registrar
WP(C) No.18689/2023 4/4
APPENDIX OF WP(C) 18689/2023
Exhibit P1 JUDGMENT OF THE HON SUPREME COURT IN IBRAT FAIZAN V.
OMAXE BUILDHOME PVT. LTD. 2022 SCC ONLINE SC 620
Exhibit P3 TRUE COPY OF THE ORDER DATED 22.02.2013 PASSED BY THE
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
13-06-2023 /True Copy/ Assistant Registrar
