This writ petition sought a stay on execution proceedings before the Consumer Forum, Idukki, pending an appeal before the KSCDRC. Finding the appeal dormant since 2003, this Court directed the KSCDRC to dispose of it expeditiously.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
WP(C).No. 29795 of 2009 (T) ----------------------------
PETITIONER(S):
THE ST.JOHN'S HOSPITAL, KATTAPPANA, REPRESENTED BY ITS DIRECTOR, BR.PIUS MANITHOTTIYIL, ST.JOHN'S HOSPITAL, KATTAPPANA.
BY ADV. SRI.R.S.KALKURA
RESPONDENT(S):
1. ALEN ANTONY MINOR REPRESENTED BY HIS FATHER AND NEXT FRIEND ANTONY JOSEPH, VANDAKATHIL HOUSE, VALLAKKADAVU KARA, KADAMAKKUZHY P.O., KATTAPPANA.
2. DR.JAYAPRAKASH, RMO, IMCH, MEDICAL COLLEGE, KOTTAYAM.
3. DR.ROBIN GEORGE, ST.JOHN'S HOSPITAL, KATTAPPANA.
4. THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, REPRESENTED BY ITS SECRETARY, KSCDRC, VAZHUTHACAUD, THIRUVANANTHAPURAM.
5. THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI, REPRESENTED BY ITS SECRETARY, CDRF., IDUKKI.
6. THE DEPUTY TAHSILDAR (RR), UDUMBANCHOLA TALUK OFFICE, NEDUMKANDAM, IDUKKI DISTRICT.
R1 BY ADV. SRI.GEORGEKUTTY MATHEW R4 TO R6 BY SR.GOVERNMENT PLEADER SRI.SANTHOSH PETER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 29795 of 2009 (T)
APPNDIX
PETITIONERS' EXHIBITS
RESPONDENTS' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.V.ASHA, J.
W.P.(C) No.29795 of 2009
Dated this the 2nd day of November, 2016
JUDGMENT
The writ petition was filed seeking the following reliefs:
It is seen that the appeal was filed as early as in 2003 and the parties do not have any instruction regarding the present stage of appeal. Therefore, this writ petition is disposed of, directing the 4th respondent to dispose of the Appeal No.465/2003 as expeditiously as possible, in case the same is not disposed of so far.
Sd/-
P.V.ASHA JUDGE
rkc
2 issues framed by the court
Whether to stay execution proceedings in a lower forum pending an appeal before the Commission.
Whether to direct the Commission to dispose of a dormant appeal expeditiously.
St.John's Hospital, Kattappana
Alem Antony
Dr.Jayaprakash
Dr.Robin George
Kerala State Consumer Disputes Redressal Commission
Consumer Disputes Redressal Forum, Idukki
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
