Petitioner challenged an order by the Permanent Lok Adalath adjudicating a warranty dispute over tiles. Court held the dispute falls outside the definition of public utility service, set aside the order, and allowed the writ petition.
Order passed by the second respondent set aside; Ext.P1 complaint held not maintainable before said respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938
WP(C).No. 20224 of 2016 (C)
PETITIONER(S):
COMMONWEALTH TRUST (INDIA) LTD. COMMONWEALTH TILE FACTORY, PO. FEROKE KOZHIKODE -673631
BY ADVS.SMT.P.VIJAYAMMA
SRI.V.KRISHNA MENON
RESPONDENT(S):
1. A. HARIMOHAN "VRINDAVANAM" P.O. KOOTHALI, KOOTHALI AMSOM DESOM KOYILANDI TALUK, KOZHIKODE-673525.
2. THE PERMANENT LOK ADALATH FOR PUBLIC UTILITY SERVICES METRO BUILDING, CHEROOTY ROAD, KOZHIKODE-673032.
R1 BY ADVS. SRI.P.RAMAKRISHNAN
SMT.PREETHI KESAVAN SRI.C.ANIL KUMAR SRI.PMA.KALAM SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20224 of 2016 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.20224 of 2016
Dated this the 31st day of October, 2016
JUDGMENT
This writ petition is filed by the petitioner challenging
Ext.P4 order passed by the second respondent, whereby it is held that, the second respondent is vested with powers
to adjudicate the issue by and between the petitioner and the first respondent. According to the learned counsel for
the petitioner, powers vested with the second respondent is only in respect of matters enumerated under Section 22
A(b), which are as follows:-
W.P.(C) No.20224 of 2016
2
(vii) Education or educational institutions; or
(viii) Housing and real estate service, and includes any service which the central Government or the State Government as the case may be may in the public interest, by notification, declare to be a public utility service for the purpose of this chapter. Sub-clauses 7 and 8 were incorporated as per an amendment brought about by notification dated 16.2.2016.”
of the issue raised by the first respondent before the second respondent will not come under any of the provisions of the said section. It is in this background seeking to quash Ext.P4, this writ petition is filed.
counsel counsel for the first respondent and perused the documents on record and pleadings put forth by the petitioner.
W.P.(C) No.20224 of 2016
3
the tiles purchased from the petitioner. On going through the provisions quoted above I do not think that the subject issue is taken care of there.
Writ petitioner is allowed, accordingly.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/2/11/
1 issue framed by the court
Whether the Permanent Lok Adalath was competent to adjudicate the warranty dispute regarding tiles.
1 provisions across 1 enactments
Commonwealth Trust (India) Ltd.
A. Harimohan
The Permanent Lok Adalath for Public Utility Services
Shaji P Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
