The High Court of Kerala directed the Registrar of the Consumer Disputes Redressal Forum, Thrissur, to furnish certified copies of specific orders within six weeks and to keep revenue recovery proceedings in abeyance pending the petitioners' further legal remedies.
Certified copies to be served within six weeks; revenue recovery proceedings to be kept in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2014/14TH KARTHIKA, 1936
WP(C).No. 8083 of 2014 (I)
PETITIONER(S):
1. SIMBATHI, D/O.SEKHARAN, CHULLIPARAMBIL HOUSE, ENGANDIYUR, THRISSUR.
2. ANEESH, S/O.SEKHARAN, CHULLIPARAMBIL HOUSE, ENGANDIYUR, THRISSUR.
BY ADV. SRI.K.I.SAGEER
RESPONDENT(S):
1. VILLAGE OFFICER, VILLAGE OFFICE, VADANAPPILLY, THRISSUR DISTRICT, PIN - 680614.
2. DEPUTY TAHSILDAR [REVENUE RECOVERY], TALUK OFFICE, CHAVAKKAD, PIN - 680506.
3. REGISTRAR,
*ADDL. R4 TO R7 IMPLEADED
4. VALSALA SATHYAN, W/O.SATHYAN,
5. JANANJAYAN, S/O.CHATHUNNY, CHANASSERY HOUSE,
6. C.C.SUDHEERAN, CHANASSERY HOUSE, P.O.VEMBALLUR, KODUNGALLOOR, PIN - 680 614.
7. SIDHARTHAN .C.M., CHANASSERY HOUSE, INJUMUDI.P.O., THRISSUR DISTRICT, PIN -680 312.
ADDL. R4 TO R7 ARE IMPLEADED AS PER ORDER DATED 28/03/2014 IN IA 4859/2014.
R1 TO R3 BY SENIOR GOVT. PLEADER SRI.SHYSON.P.MANGUZHA ADDL.R4, R5 & R7 BY ADVS. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 8083 of 2014 (I)
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENT(S)' EXHIBITS: - NIL
/TRUE COPY/
P.S. TO JUDGE
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P.R. RAMACHANDRA MENON, J.
W.P.(C)No.8083 OF 2014
Dated this the 5th November, 2014
J U D G M E N T
The petitioners have has approached this Court with the
following prayers:
a) issue a writ, order or direction directing the respondents to keep in abeyance all revenue recovery proceedings initiated as per Ext.P1 and P2 for a period of three months so as to enable the 2nd petitioner to challenge the orders passed by the Hon'ble Consumer Dispute Redressal Forum, Thrissur before the appellate authority.
b) issue a writ , order or direction directing the Hon'ble Consumer Disputes Redressal Forum, Thrissur to issue certified copies of the orders as applied for as per Ext.P3 to P6 to the 2nd petitioner expeditiously within the timelimit fixed by this Hon'ble Court.
c) issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”
inspite of proper applications preferred by the petitioners for issuance of certified copies of the relevant orders, the same are still to be supplied and as such, the petitioners are not in a position to pursue further remedy available to them
of directing the third respondent/Registrar, CDRF to serve certified copies of the orders, as sought for, vide Exts.P3 to P6, which shall be done at the earliest, at any rate, within six weeks from the date of receipt of a copy of the judgment. Coercive proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance till such time. It is for the petitioners to work out the further remedy in accordance with law.
The writ petition is closed.
P.R.RAMACHANDRA MENON JUDGE
lk
2 issues framed by the court
Whether a writ can be issued directing public authorities to furnish certified copies of orders sought for by petitioners.
Whether the recovery proceedings can be kept in abeyance to enable the petitioners to pursue further remedies.
1 provisions across 1 enactments
SIMBATHI, D/O.SEKHARAN
ANEESH, S/O.SEKHARAN
VILLAGE OFFICER
DEPUTY TAHSILDAR
REGISTRAR
VALSALA SATHYAN
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
