Kerala High Court
M/S Santhimadom Builders And ... vs Rajan on 15 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(C) No.10486/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 15th day of March 2024 / 25th Phalguna, 1945
WP(C) NO. 10486 OF 2024 (I)
CC 703/2017 OF DISTRICT CONSUMER REDRESSAL FORUM, THRISSUR, THRISSUR
PETITIONERS:
1. M/S SANTHIMADOM BUILDERS AND DEVELOPERS, REGD. OFFICE, SOUTH
NALUVAZHY, NORTH PARAVUR, ERNAKULAM DISTRICT, REPRESENTED BY ITS
CHAIRMAN, PIN - 683 513.
2. DR. V.N. RADAKRISHNAN, AGED 71 YEARS, CHAIRMAN, M/S SANTHIMADOM
BUILDERS AND DEVELOPERS, REGD. OFFICE, SOUTH NALUVAZHY, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN - 683 513.
RESPONDENTS:
1. RAJAN, AGED 63 YEARS, S/O ARAVINDAKHA MENON, KAIMAPARAMBIL HOUSE,
PAZHUKARADESAM, ANNALLOOR PO, ANNALLOOR VILLAGE, MUKUNDAPURAM TALUK,
TRISSUR DISTRICT, PIN - 680 307.
2. UNION OF INDIA, REP BY THE SECRETARY TO GOVERNMENT OF INDIA,
DEPARTMENT OF CONSUMER PROTECTION AND AFFIRS, NEW DELHI, PIN - 110
001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
1. Pass an order to stay all proceedings as per Exhibit P2 (Judgment
dated 28.02.2018 in CC No.703/2017 on the file of the District Consumer
Disputes Redressal Forum, Thrissur) in the interest of justice.
2. To refer for mediation for settlement as per Exhibit P3 Judgment
dated 29.01.2015 in CC No. 543/2012 on the file of District Consumer
Disputes Redressal Forum, Thrissur between the parties in the interest of
justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S ANOOP KRISHNA, V.A.PRADEEP KUMAR, JENNY THANKAM, Advocates for the
petitioners and of DEPUTY SOLICITOR GENERAL OF INDIA for the 2nd
respondent, the court passed the following:
WP(C) No.10486/2024 2/3
ORDER
Petitioners will take out notice to 1st respondent by special messenger.
The learned Deputy Solicitor General of India will obtain instructions from 2nd respondent.
List on 20.03.2024; until which time, all further action pursuant to Ext. P2 will stand deferred.
Sd/- DEVAN RAMACHANDRAN JUDGE 15-03-2024 /True Copy/ Assistant Registrar WP(C) No.10486/2024 3/3 APPENDIX OF WP(C) 10486/2024 Exhibit P2 TRUE COPY OF AWARD IN CC NO 703 /2017 PASSED BY CONSUMER DISPUTES REDRESSAL FORUM TRISSUR DATED 28.02.2018 Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN CESC LIMITED VS. STATE OF WEST BENGAL REPORTED IN 2022 KHC 4862, THE HON'BLE CULCUTTA HIGH COURT DATED 11.08.2022