IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 35417 of 2004(N) -------------------------- PETITIONER(S): --------------- NAZEEM ABDULLA, DIRECTOR, FATHIMA HOSPITAL, KOZHIKODE. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, CALICUT. 2. SPECIAL DEPUTY TAHSILDAR (ARREAR COLLECTION), KOZHIKODE. 3. NADIYA, D/O.P.K.UMMERKUTTY, POOKKATTU HOUSE, QUILANDY. 4. DR.N.SELVAM, ORTHO SURGEON, SHEEBA SURGERY AND UROLOGY CENTRE, OPP: MANORAMA, WAYANAD ROAD, KOZHIKODE. 5. KERALA STATE CONSUMER REDRESSAL COMMISSION, TRIVANDRUM. 6. NEW INDIA ASSURANCE COMPANY, M.G.ROAD, FORT BOMBAY. GOVERNMENT PLEADER FOR R1,R2 SRI.MATHEWS JACOB FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF ORDER NO.107/98 DT.12.1.2001. P2: PHOTOCOPY OF R.R. NOTICE DT.30.11.2004. P3: PHOTOCOPY OF R.R. NOTICE DT.27.11.04. P4: PHOTOCOPY OF LETTER TO THE SPECIAL DEPUTY TAHSILDAR, (R.R.), KOZHIKODE DT.3.12.04 TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.35417 of 2004 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT W.P. is filed challenging Ext.P1 by which the State Commission ordered recovery of Rs.5 lakhs from respondents 1 and 2. There is no scope for interference with Ext.P1 issued by the State Consumer Disputes Redressal Commission because if petitioner had grievance, matter should have been taken up in appeal or revision before the National Commission. Recovery has to be necessarily made from respondents 1 and 2 through recovery proceedings. Option is given to respondents 1 and 2 to recover amounts from the Insurance Company to the extent covered by the policy. There is no scope for this court deciding this issue as well and I leave this issue open to petitioners 1 and 2 to claim against the Insurance Company based on policy and based on the award passed by the State Commission. However, since respondents 1 and 2 in the award, one of whom is the petitioner herein, is liable to be proceeded against for recovery of Rs.5 lakhs in terms of the award, they are jointly and severally liable. Consequently 2 W.P. is dismissed but with direction to the Recovery Authority to immediately recover the amount and pay the same to the beneficiary. C.N.RAMACHANDRAN NAIR Judge pms