Kerala High Court
Ramesh Kumar Ramachandran Nair vs District Consumer Dispute Redressal ... on 11 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.34182 of 2024 1
2025:KER:20929
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 11TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946
WP(C) NO. 34182 OF 2024
PETITIONER:
RAMESH KUMAR RAMACHANDRAN NAIR
AGED 59 YEARS
S/O RAMACHANDRAN NAIR,
RESIDING PERMANENTLY AT HOUSE NO.18/448 A/NAKSHATRA,
GAYATHRI ENCLAVE, TELEPHONE EXCHANGE ROAD, MARADU,
ERNAKULAM, KERALA,
REPRESENTED BY POWER OF ATTORNEY HOLDER, SAHADEVAN
BALASAI, S/O LATHA BALASAI, AGED 60 YEARS, RESIDING AT
FLAT NO. 5B, NARMADA ENCLAVE, V P MARAKKAR ROAD,
MURUGAN TEMPLE, EDAPALLY NORTH, EDAPALLY, ERNAKULAM,
KERALA, PIN - 682024
BY ADVS.
ALINA ANNA KOSE
REJIVUE K.C.
GISHA G. RAJ
P.I.RAHEENA
KARTHIKA GANESH
SANDHRA MARIA SEBASTIAN
VISHNU PRASAD N.K.
M.R.HARIRAJ (SR.)(K/1773/1999)
RESPONDENTS:
1 *[CORRECTED] DISTRICT CONSUMER DISPUTE REDRESSAL
COMMISSION
PULLEPADY, ERNAKULAM, KERALA-682017
*[CORRECTED AS PER ORDER DATED 09.10.2024 IN IA
NO.1/2024 IN WP(C)., - "DISTRICT CONSUMER DISPUTE
REDRESSAL COMMISSION, REPRESENTED BY ITS SECRETARY,
PULLEPADY, ERNAKULAM, KERALA 682017]
WP(C) No.34182 of 2024 2
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2 *[CORRECTED] STATE CONSUMER DISPUTE REDRESSAL
COMMISSION (SCDRC)
SISUVIHAR LANE, VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695010
*[CORRECTED AS PER ORDER DATED 09.10.2024 IN IA
NO.1/2024 IN WP(C)., - STATE CONSUMER DISPUTE REDRESSAL
COMMISSION, (SCDRC), REPRESENTED BY ITS REGISTRAR AND
SECRETARY, SISUVIHAR LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 010.]
3 M/S PUKALAKKAT PROPERTIES PRIVATE LTD
REGISTERED OFFICE AT 34/1784, D-7,
EDAPALLY HIGH SCHOOL JUNCTION, KOCHI, ERNAKULAM
DISTRICT, REP. BY THE MANAGING DIRECTOR, P.B
GOPALAKRISHNAN. PIN - 682024
4 STATE OF KERALA
REPRESENTED BY SECRETARY, CIVIL SUPPLIES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
GP WSMT K B SONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.34182 of 2024 3
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JUDGMENT
Dated this the 11th day of March, 2025
The writ petition is filed to quash Ext.P18 proceedings
and direct the respondents 1and 2 to trace out the files of E.A
No.74/2014 and S.T No.18/2015, and to proceed with the
application and complaint.
2. When the writ petition came up for consideration on
09.10.2024, this Court had called for a report from the District
Consumer Dispute Redressal Commission, Ernakulam (in
short,'District Commission') and also the Kerala State
Consumer Dispute Redressal Commission,
Thiruvananthapuram, (in short,'State Commission'), regarding
the present status of E.A No.74/2014 and S.T No.18/2015
and whether the records pertaining to the case/complaint are
missing.
3. In compliance with the above order, the District
Commission, by communication dated 22.10.2024, has
informed this Court that, the president of the District
Commission had requested to transfer both the cases to any
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other District Commission due to personal reasons. However,
the President of the State Commission declined the request
and directed the District Commission to proceed with the
cases in accordance with law. The records of both the cases
are with the Registry of the District Commission.
4. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
In view of the communication of the State Commission,
I dispose of this writ petition, by directing the District
Commission, to consider and dispose of E.A No.74/2014 and
S.T No.18/2015 in accordance with law and as expeditiously as
possible, at any rate, within an outer time limit of six months
from the date of production of a copy of this judgment.
Sd/- C.S.DIAS, JUDGE
AJ
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APPENDIX OF WP(C) 34182/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT C.C 92/2009 FILED ON
14.02.2009
Exhibit P2 TRUE COPY OF ORDER DATED 31.03.2012
Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 26.04.2014
Exhibit P4 TRUE COPY OF THE E.A 74/2014 FILED BY THE PETITIONER
DATED 29.08.2014
Exhibit P4(a) TRUE COPY OF S.T 18/2015 FILED BY THE PETITIONER ON
09.04.2015
Exhibit P4(b) TRUE COPY OF S.T 53/2016 FILED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE COMMON ORDER DATED 13.01.2016
Exhibit P6 TRUE COPY OF THE JUDGEMENT IN WP(C) 5598/2016DATED
27.06.2016
Exhibit P7 TRUE COPY OF THE JUDGEMENT DATED 06.03.2018 IN WA
Exhibit P8 TRUE COPY OF THE JUDGEMENT DATED 02.03.2018 IN
Exhibit P9 TRUE COPY OF THE E.P 5/2018 DATED 26.03.2018
Exhibit P10 TRUE COPY OF THE E.P 8/2018 DATED 21.07.2018
Exhibit P11 TRUE COPY OF THE E.P 9/2018 DATED 21.07.2018
Exhibit P12 TRUE COPY OF THE E.P 10/2018 DATED 14.10.2019
Exhibit P13 TRUE COPY OF THE ORDER IN E.P 9/2018 DATED
23.06.2021
Exhibit P14 TRUE COPY OF THE PETITION DATED 06.09.2021
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 23.09.2021
Exhibit P16 TRUE COPY OF THE EARLY POSTING PETITION DATED
30.09.2021
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Exhibit P17 TRUE COPY OF THE REPRESENTATIONS DATED 23.02.2022
Exhibit P18 TRUE COPY OF THE A DIARY OF THE 1ST RESPONDENT DATED
19.03.2022
Exhibit P19 TRUE COPY OF THE A DIARY OF THE 1ST RESPONDENT DATED
24.05.2022
Exhibit P20 TRUE COPY OF THE A DIARY DATED 01.12.2022
Exhibit P21 TRUE COPY OF THE REPRESENTATION SENT TO THE
SECRETARY TO GOVT. OF KERALA, CIVIL SUPPLIES
DEPARTMENT, TRIVANDRUMDATED 04.02.2022
Exhibit P22 TRUE COPY OF THE LETTER DATED 10.03.2023
Exhibit P23 A TRUE COPY OF THE NOTICE DATED 15/11/2024 ISSUED BY
THE 1ST RESPONDENT
Exhibit P24 TRUE COPY OF NOTICE DATED 14/1/2025 IN E.A 27/2016
IN CC 922/2014, (N.T MUHAMMED IQBAL V FORD INDIA
PRIVATE LIMITED & OTHERS)
Exhibit P25 A TRUE COPY OF THE CAUSE LIST DATED 21/01/2025, OF
THE DISTRICT CONSUMERDISPUTE REDRESSAL COMMISSION,
ERNAKULAM
