Judgment
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]
WP(C) NO. 15426 OF 2023 3 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
WP(C) NO. 15426 OF 2023 4 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
WP(C) NO. 15426 OF 2023 5 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
WP(C) NO. 15426 OF 2023 6 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