IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WA.No. 1834 of 2011() ---------------------------- (JUDGMENT DT.25.11.2011 IN WP(C).31231 OF 2011) APPELLANT(S): --------------------- 1. M.THAMBAN NAIR, AGED 54 YEARS, S/O.LATE ANIKKIL KUNHIRAMAN NAIR, RESIDING AT PALAI QUARTERS, NEAR SNDP COLLEGE, PEROLE, P.O. NILESWAR, KASARAGOD DISTRICT. 2. P.NARAYANI, W/O.THAMBAN NAIR, PROPRIETRIX, M/S.MYLITTA FINANCE (REGD.), RESIDING AT RESIDING AT PALAI QUARTERS, NEAR SNDP COLLEGE, PEROLE P.O. NILESWAR, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): ----------------------- 1. M.K.NARAYANAN, S/O.KUTTY, RESIDING AT PEROLE P.O. NILESWAR, KASARAGOD DISTRICT-671314. 2. P.V.KALYANI, W/O.DAMODHARAN, RESIDING AT THAIKADAPPURAM, P.O.NELESWARAM, P.O.NILESWAR, KASARAGOD DISTRICT-671314. 3. P.V.CHIRUTHAKUNHI, W/O.K.V.NARAYANAN, RESIDING AT THAIKADAPPURAM, P.O.NELESWARAM, P.O.NILESWAR, KASARAGOD DISTRICT-671314. 4. P.V.SUKUMARAN, S/O.LATE MADHAVI, RESIDING AT THAIKADAPPURAM, P.O.NELESWARAM, P.O.NILESWAR, KASARAGOD DISTRICT-671314. WA.No. 1834 of 2011 5. P.V.SAROJINI, W/O.K.KUNHIKORAN, RESIDING AT CHATHAMATH, HOSDURG, KASARAGOD DISTRICT-671314. 6. THE SUPERINTENDENT OF POLICE, VIDYANAGAR, KASARAGOD-671121. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1834 of 2011 ---------------------------------------------- Dated this the 2nd day of December, 2011 JUDGMENT Ramachandra Menon, J. The writ petitioners are the appellants before this Court. The short question that arises for consideration is whether the interference declined by the learned Single Judge referring to the finalisation of the proceedings as borne by Exhibits P1 and P2 for not having the same subjected to challenge in appeal or otherwise is correct and whether the District Forum is justified in proceeding with further steps by way of Exhibits P7 and P8 ordering arrest warrant against the defaulters. 2. The learned Single Judge observed that the liability upon the writ petitioners takes its origin from Exhibits P1 and P2 orders passed by the District Consumer Disputes Redressal Forum, Kasargod in O.P.Nos. 215 and 214 of 2004, which were passed as early as on 5.1.2005. There is no case for the appellants that they had ever challenged the said orders and as such, the said orders have become final. Since the liability under Exhibits P1 and P2 was not satisfied, the beneficiary was constrained to approach the District Forum again, pursuant to which Exhibits P7 and P8 orders were passed by the District Forum issuing a non-bailable warrant against the defaulters, WA.1834/11 2 who then chose to approach this Court by filing W.P(C).No.31231 of 2011. After referring to the sequence of events as above, the learned Single Judge declined interference, holding that the discretionary jurisdiction of this Court vested under Article 226 of the Constitution on the supervisory jurisdiction under Article 227 cannot be extended in favour of the writ petitioners. It was accordingly, that the Writ Petition was dismissed, observing that it was open to the petitioners to work out the statutory remedies, if any. 3. Learned counsel for the appellants submits that there is no other remedy available for the writ petitioners with regard to the challenge raised against Exhibits P7 and P8. We find it difficult to accept the proposition of the learned counsel for the appellants, in view of the explicit provisions under the Act as well as the Rules enabling the aggrieved party to challenge the orders passed by the District Consumer Disputes Redressal Forum before the State Commission. We find no reason to interfere with the verdict passed by the learned Single Judge. The appeal fails and the same is dismissed accordingly. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs