Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH DAY OF JULY 2013 4TH SRAVANA, 1935 OP(C).No. 2586 of 2013 (O) --------------------------- A.NO. 159/2013 OF STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM --------------------------- PETITIONER(S)/APPELLANTS: ------------------------------------------------ 1. SIBI AUGUSTINE,S/O.AUGUSTINE, NALAMPURACKAL HOUSE, THURAVOOR.P.O”
532. CHERTHALA TALUK, ALAPPUZHA DISTRICT.
2. SAJI AUGUSTINE,S/O.AUGUSTINE, AGED 3 YEARS, NALAMPURACKAL HOUSE, THURAVOOR.P.O”
532. CHERTHALA TALUK, ALAPPUZHA DISTRICT.
3. SOJAN AUGUSTINE, S/O.AUGUSTINE,AGED 3 YEARS, NALAMPURACKAL HOUSE, THURAVOOR.P.O”
532. CHERTHALA TALUK, ALAPPUZHA DISTRICT.
4. SMT. SONY, W/O.GIFFY,AGED 3 YEARS, THACHETHU HOUSE, KARUMANCHERRY, EZHUPUNNA.P.O, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADVS.DR.V.N.SANKARJEE SMT.R.UDAYA JYOTHI RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. RAJENDRAN M, LEELA NIVAS, ERAMALLOOR.P.O, CHERTHALA, ALAPPUZHA DISTRICT-688 537.
2. PROVIDENCE CHITTY FUND, ERAMALLOOR.P.O, CHERTHALA, ALAPPUZHA DISTRICT-688 537.
3. PROVIDENCE FINANCE, ERAMALLOOR.P.O”
537. CHERTHALA, ALAPPUZHA DISTRICT.
4. JOYS ANTONY, NALAMPURACKAL HOUSE, THURAVOOR SOUTH.P.O”
532. CHERTHALA, ALAPPUZHA DISTRICT. sts 2/- -2- OP(C)NO.2586/2013 5. SMT. KATHREENA AUGUSTINE, NALAMPURACKAL HOUSE, THURAVOOR.P.O”
532. CHERTHALA, ALAPPUZHA DISTRICT.
6. VARGHESE ANTONY, NALAMPURACKAL HOUSE, THURAVOOR SOUTH.P.O”
532. CHERTHALA, ALAPPUZHA DISTRICT.
7. WILSON ANTONY, NALAMPURACKAL HOUSE, THURAVOOR SOUTH.P.O”
532. CHERTHALA, ALAPPUZHA DISTRICT.
8. LISSY, D/O.ANTONY, NALUPURACKAL, PADINJATTUMKARA THEKKUM MURI, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK, THURAVOOR.P.O”
532. ALAPPUZHA DISTRICT.
9. LEENA, D/O.ANTONY, NALUPURACKAL, PADINJATTUMKARA THEKKUM MURI, THURAVOOR SOUTH VILLAGE, CHERTHALA TALUK, THURAVOOR.P.O.688 532, ALAPPUZHA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C).No. 2586 of 2013 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE EXTRACTS RELATING TO REGISTRATION ISSUED BY THE REGISTRAR OF FIRMS IN RESPECT OF THE 2ND RESPONDENT P2 TRUE COPY OF THE EXTRACTS RELATING TO REGISTRATION ISSUED BY THE REGISTRAR OF FIRMS IN RESPECT OF THE 3RD RESPONDENT P3 TRUE COPY OF THE JUDGMENT DATED 15 1.2013 IN OP(C).NO.195/2013 OF THIS HONOURABLE COURT. P4 TRUE COPY OF THE APPEAL A.NO.159/2013 DATED 22 .02.2013 PREFERRED BY THE PETITIONERS BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. P5 TRUE COPY OF THE STAY PETITION I.A.337/2013 IN A.NO.159/2013 PREFERRED BY THE PETITIONERS BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J.
=-=-=-=-=-=-=-=-=-=-=-=-= O.P.(C)No.2586 of 2013 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of July, 2013 JUDGMENT The prayer in this original petition filed by the respondents in C.C.No.58 of 2009 on the file of the Consumer Disputes Redressal Forum, Alappuzha is for an order staying the revenue recovery proceedings in C.C.No.58 of 2009 pending disposal of an appeal (Ext.P4) and the stay petition filed therein (Ext.P5) by them before the Kerala State Consumer Disputes Redressal Forum. Apart from vaguely alleging that the application for stay filed by the petitioners in the appeal filed by them before the Kerala State Consumer Disputes Redressal Forum, stands posted to 21.8.2013 to await service of notice on the respondents therein and in the meanwhile, the revenue recovery authority is hastily pursuing the recovery proceedings initiated against them, the petitioners have not produced any material to show that such proceedings have already been initiated.
2. Under section 25(3) of the Consumer Protection Act, 1986, where any amount is due from any person under an order made by a District Forum, the person entitled to the amount can make an application to the District Forum for the issuance of a certificate for the said amount to the Collector of the District. It is also stipulated that the Collector shall thereupon proceed to recover the amount in O.P.(C)No.2586 o”
2. the same manner as arrears of land revenue. The petitioners have not stated anywhere in the original petition that a notice under section 7 of the Kerala Revenue Recovery Act, 1968 or under section 34 thereof has been served on them. They have only vaguely averred that the revenue recovery authority is hastily pursuing the proceedings. The attempt of the petitioners in my opinion appears to be to bypass the Kerala State Consumer Disputes Redressal Commission which has condoned the delay in filing the appeal and has issued notice to the respondents in the appeal and the stay petition filed with it. Such being the situation, I find no reason or justification in granting the reliefs prayed for. It is for the petitioners to move the Kerala State Consumer Disputes Redressal Commission to have the hearing of the stay petition advanced, if notice has already been served on the respondents therein. I accordingly hold that there is no merit in the instant original petition. The original petition fails and is dismissed with the above observation. Sd/- P.N.RAVINDRAN JUDGE /true copy/ P.A. to Judge vpv