Kerala High Court
Shinod vs District Consumer Disputes ... on 20 June, 2023
WP(C) NO. 15426 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 15426 OF 2023
PETITIONER/S:
SHINOD
AGED 39 YEARS
S/O RAMAKRISHNAN R/O PANDARAPARAMBIL HOUSE,
PANAMANNA, ANANGANADIAMBALAVATTAM, DIST PALAKKAD,
KERALA, PIN - 679501
BY ADV E.SURESH KUMAR NAIR
RESPONDENT/S:
1 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PALAKKAD, KERALA, PIN - 678001
2 INNOCENTV.C
S/O V K CHACKO VALIYAVEETIL HOUSE, NEAR KVR HIGH
SCHOOL, SHORNUR, DIST. PALAKKAD KERALA (ORIGINAL
COMPLAINANT IN CC 31/2021), PIN - 679121
3 KRISHNAKUMAR R
PROPRIETOR, EVERGREEN PLYWOODS, PLAKOOTHATHIL HOUSE,
MANISSERI POST, EAST MANISSERI, DIST PALAKKAD KERALA
(ORIGINAL OPPOSITE PARTY IN CC 31/2021), PIN - 679521
BY ADV Rajeev K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15426 OF 2023 2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 15426 of 2023
--------------------------------------
Dated this the 20th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers :
1. "the writ petition be admitted, interim relief be granted
and stay application be allowed and operation of impugned order
dated 15.6.2022 alongwith proceedings dated 15.3.2023,
13.4.2023 in ST 10/2022 of District Commission be stayed on the
facts and circumstances narrated in the petition.
2. The execution proceedings and ST 10/2022 be stayed till
final disposal of the petition and proposed proceedings to be
initiated on 10.5.2023 be stayed.
3. Respondent no.2 Krishnakumar R summoned to file an
affidavit with regard to locus standi of the petitioner and
respondent no.2 in the matter.
4. Costs of this petition and other legal expenses incurred in
District Commission State Commission be provided from the
respondents for implicating and unnecessarily dragging the
petitioner into the proceedings.
5. Any other and further relief, as may be deemed just and
proper under the facts and circumstance of the case." [SIC]
2. The main prayer in this writ petition is against the
order dated 15.06.2022 along with the proceedings dated
15.03.2023, 13.04.2023 in ST No. 10/2022 of District
Commission and the execution proceedings. Admittedly, these
are orders passed by the District Consumer Redressal
Commission, Palakkad. Normally, the petitioner can challenge
these type orders by filing appropriate proceedings before the
Kerala State Consumer Redressal Commission. The counsel for
the petitioner submitted that the petitioner already approached
the Kerala State Consumer Redressal Commission and the same
is not entertained as evident by Ext.P19. This Court perused
Ext.P19 order. A perusal of the above order would show that the
State Commission only observed that since the petitioner is not
a party in CC No. 31/2021, the petitioner cannot challenge the
order passed by the Consumer Dispute Redressal Commission.
But the State Commission clearly stated that the petitioner can
challenge the orders in the execution petition. If that is the
case, the petitioner has to approach the State Commission as
allowed in Ext.P19.
3. In the light of Ext.P19 order, this writ petition need
not be entertained. The petitioner is free to approach State
Consumer Redressal Commission in the light of Ext.P19 order.
The counsel for the petitioner submitted that the case is posted
before the District Commission on 22.06.2023 for initiating the
recovery. To facilitate the petitioner to approach the State
Commission, there can be a direction to the District
Commission to adjourn the proceedings pending before the
Commission against the petitioner for a period of 30 days.
Therefore, this writ petition is disposed of with the
following directions :
1) District Consumer Redressal Commission, Palakkad shall
adjourn the proceedings initiated against the petitioner ST
10/2022 for a period of 30 days.
2) In the meanwhile, the petitioner can approach the State
Commission and obtain necessary orders in accordance
with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 15426/2023
PETITIONER EXHIBITS
Exhibit P1 GST REGISTRATION CERTIFICATE OF PROPRIETOR
KRISHNAKUMAR R
Exhibit P2 PAN CARD OF PROPRIETOR KRISHNAKUMAR R
Exhibit P3 LETTER ISSUED BY OTTAPALAM MUNICIPALITY
DATED 16.1.2023
Exhibit P4 INVOICE DATED 4.4.2019
Exhibit P5 INVOICE DATED 17.4.2019
Exhibit P6 DEPOSIT SLIP OF DHANALAKSHMI DATED
27.11.2019
Exhibit P6(a) CHEQUE LEAF OF AXIS BANK
Exhibit P7 PARTNERSHIP DEED EXECUTED BETWEEN
PETITIONER AND PROPRIETOR KRISHNAKUMAR R
DATED 1.9.2020
Exhibit P8 NOTICE OF CHANGE IN PARTNERSHIP DEED FOR
EXITING PROPRIETOR KRISHNAKUMAR R
Exhibit P9 GST REGISTRATION CERTIFICATE ISSUED TO
PARTNERSHIP FIRM OF PETITIONER DATED
18.3.2022
Exhibit P10 AGREEMENT FOR LEASE OF SHOP DATED 6.1.2022
Exhibit P11 COMPLAINT FILED BY INNOCENT V C DATED
18.2.2021
Exhibit P12 COURT NOTICE TO KRISHNAKUMAR R DATED
22.2.2021
Exhibit P13 VERSION OF KRISHNAKUMAR R DATED 29.10.2021
Exhibit P14 COPY APPLICATION FILED FOR PROCEEDINGS OF
DIST COMMISSION & TYPED COPY OF PROCEEDINGS
DATED 02.05.2023
Exhibit P15 ORDER PASSED IN CC 31/2021 DATED 15.6.2022
Exhibit P16 ORDER PASSED IN RA 6/2023 DATED 11.4.2023
Exhibit P17 ORDER / PROCEEDINGS OF DISTRICT COMMISSION
DATED 13.4.2023
Exhibit P18 ORDER / PROCEEDINGS FOR BAIL GRANT TO
PETITIONER DATED 15.3.2023
Exhibit P19 ORDER PASSED IN APPEAL NO.178/2023 DATED
27.3.2023
Exhibit P20 FIRST PAGE OF 2ND APPEAL MEMO AND DEMAND
DRAFT COPIES DATED 24.4.2023
Exhibit P21 APPLICATION SEEKING TIME, COPY OF LEGAL
NOTICE, COPY OF ORDER IN APPEAL FILED
BEFORE DIST COMMISSION PALAKKAD DATED
02.05.2023
