M/S Santhimadom Builders And ... vs Sebastian K.K
2024 Latest Caselaw 10963 Ker

Kerala High Court

M/S Santhimadom Builders And ... vs Sebastian K.K on 12 April, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

WP(C) No.15752/2024                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
             Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
                           WP(C) NO. 15752 OF 2024 (T)
   PETITIONERS:

      1. M/S SANTHIMADOM BUILDERS AND DEVELOPERS REGD. OFFICE, SOUTH
         NALUVAZHY, NORTH PARAVUR, ERNAKULAM DISTRICT. REPRESENTED BY
         CHAIRMAN V.N.RADHAKRISHNAN, PIN - 683513
      2. V.N.RADAKRISHNAN AGED 72 YEARS CHAIRMAN, SANTHIMADOM BUILDERS &
         DEVELOPERS, S/O NARAYANAN, SANTHIMADOM, SOUTH NALUVAZHY, NORTH
         PARAVUR, ERNAKULAM DISTRICT., PIN - 683513
      3. RAGESH MANU AGED 35 YEARS S/O RADAKRISHNAN, SANTHIMADOM, SOUTH
         NALUVAZHY, NORTH PARAVUR, ERNAKULAM DISTRICT., PIN - 683513
      4. RAMANI RADAKRISHNAN AGED 71 YEARS W/O RADAKRISHNAN, SANTHIMADOM,
         SOUTH NALUVAZHY, NORTH PARAVUR, ERNAKULAM DISTRICT., PIN - 683513
      5. MANJUSHA AGED 42 YEARS D/O V.N. RADAKRISHNAN, SANTHIMADOM, SOUTH
         NALUVAZHY, NORTH PARAVUR, ERNAKULAM DISTRICT., PIN - 683513
      6. RENJISHA AGED 45 YEARS D/O V.N. RADAKRISHNAN, SANTHIMADOM, SOUTH
         NALUVAZHY, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513

   RESPONDENTS:

      1. SEBASTIAN K.K. S/O KUNJIPALU, FLAT NO 3, VYSHALI CO-OPERATIVE
         HOUSING SOCVIETY, VIMAN NAGAR, PUNE, MAHARASTRA, PIN - 411014
      2. REENA SEBASTIAN W/O SEBASTIAN, FLAT NO 3, VYSHALI CO-OPERATIVE
         HOUSING SOCVIETY, VIMAN NAGAR, PUNE, MAHARASTRA, PIN - 411014
      3. UNION OF INDIA REP BY THE SECRETARY TO GOVERNMENT OF INDIA,
         DEPARTMENT OF CONSUMER PROTECTION AND AFFAIRS, NEW DELHI, PIN -
         110001


        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 refer to mediation for settlement as per Exhibit P1 judgment
   dated 31.01.2015 in CC No 28 /2012 on the file the State Consumer Disputes
   Redressel Commission, Thiruvanthapuram till then the operation of Exhibit
   P1 shall keep in abeyance in the interest of justice.


        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.ANOOP KRISHNA, V.A.PRADEEP KUMAR & JENNY THANKAM Advocates for the
   petitioners and of CENTRAL GOVERNMENT COUNSEL for R3 (By order), the court
   passed the following:
 WP(C) No.15752/2024                          2/3

                                         ORDER

Admit. Issue notice by speed post returnable in two weeks to respondents 1 and 2. Central Government Counsel takes notice for the 3rd respondent.

There will be an interim stay as prayed for, for a period of two months.

Sd/- T.R.RAVI, JUDGE

12-04-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 15752/2024 Exhibit P1 TRUE COPY OF THE AWARD IN CC NO 28/2012 PASSED BY THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM DATED 31.01.2015