IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 W.P(C).No. 13361 of 2005(N) -------------------------- PETITIONER: ------------ THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,PALAKKAD. BY ADV. SRI.V.CHITAMBARESH SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENTS: ------------- 1. THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE CONSUMER DISPUTES REDRESSAL FORUM, CIVIL STATION, PALAKKAD. 3. THE SECRETARY, BHAVANAGAR RESIDENTS ASSOCIATION, BHAVANAGAR, KUNNATHURMEDU, PALAKKAD-678 013. BY ADV. SRI.JACOB SEBASTIAN - R3 SRI. NOBLE MATHEW, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 13361/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE COMPLAINT DATED 1/08/2002. EXHIBIT P2 : TRUE COPY OF THE ORDER PASSED IN O.P. NO. 195/02 DATED 30/01/2004. EXHIBIT P3 : TRUE COPY OF THE ORDER IN O.P. NO.3612/01 DATED 4/06/2004. EXHIBIT P4 : TRUE COPY OF THE APPEAL FILED UNDER SECTION 15 OF THE CONSUMER PROTECTION ACT DATED 22/4/2004. EXHIBIT P5 : TRUE COPY OF THE PETITION TO CONDONE THE DELAY IN PREFERRING THE APPEAL DATED 22/04/2004. EXHIBIT P6 : TRUE COPY OF THE PETITION FOR STAY DEATED 22/04/2004. EXHIBIT P7 : TRUE COPY OF THE INTERIM ORDER OF STAY GRANTED IN W.P.(C) NO. 19532/2004 DATED 2/07/2004. EXHIBIT P8 : TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 19532/2004 ON THE FILE OF THIS HONOURABLE COURT DATED 24/08/2004. EXHIBIT P9 : TRUE COPY OF THE ORDER IN I.A. NO.372/2004 IN APPEAL NO.262/2004 ON THE FILE OF THE FIRST RESPONDENT DATED 10/01/2005. EXHIBIT P10: TRUE COPY OF THE NOTICE IN E.P.NO.32/04 IN O.P NO.195/02 ON THE FILE OF THE SECOND RESPONDENT DATED 23/03/2005. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.13361 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Exhibits P9 order and P10 notice are challenged in this writ petition. As per Exhibit P9, the first respondent-Commission declined to condone the delay of 30 days in filing the appeal filed against the order passed by the second respondent. 2. The issue pertains to maintenance of water drainage system in the Palakkad municipality. According to the petitioner, the same does not fall within the jurisdiction of the first or second respondent as held by the National Commission in Exhibit P11 order. It has been held in Exhibit P11 that no complaint lies against Municipal Corporation for failure to carry out its statutory duties of proper maintenance of public drains. The issue being that of jurisdiction, Exhibit P1 complaint itself is not maintainable before the second respondent. It is for the third respondent to approach the appropriate authority in W.P.(C) No.13361/05 2 case it has still any grievance left. Without prejudice to such liberty, Exhibit P1 complaint, Exhibits P9 and P10 are quashed. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.13361/05 3 KURIAN JOSEPH, J. W.P.(C) No. 13361 OF 2005 J U D G M E N T 18.07.2008