IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WA.No. 334 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.402/2009 DATED 22/01/2009. .................... APPELLANT/ 3RD RESPONDENT: ----------------------------------------------- S. JAGANNATHAN @ RAGHU, (REAL NAME BEING C.S. JAGANNATHA PRASAD) C.S. SADANAM, NEAR K.S.R.T.C BUS STAND, T.B. ROAD, KOTTAYAM. BY ADV. MR.BECHU KURIAN THOMAS. RESPONDENTS/ WRIT PETTIIONERS AND RESPONDENTS 4,5,6 1 AND 2: -------------------------------------------------------------------------------------------------------- 1. K. VENUGOPAL, ARACKAL, SREE GOKULAM, THIRUVATHUKKAL, KOTTAYAM, REP. BY HIS POWER OF ATTORNEY HOLDER SUSEELA VENUGOPAL, RESIDING AT 39/2539, PUTHENVEEDU, KALATHIL VELAYUDHAN NAIR ROAD, OFF DIWAN'S ROAD, ERNAKULAM - 682 016. 2. SUSEELA, W/O.K. VENUGOPAL, ARACKAL, SREE GOKULAM, THIRUVATHUKKAL, KOTTAYAM, RESIDING AT 39/2539, PUTHENVEEDU, KALATHIL VELAYUDHAN NAIR ROAD, OFF DIWAN'S ROAD, ERNAKULAM - 682 016. 3. THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY, SISUVIHAR LANDE, VAZHUTHCAUD, SASTHAMANGALAM.P.O, THIRUVANANTHAPURAM. W.A. NO.334/2009: 4. THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM. 5. DEPUTY TAHSILDAR (RR), KOTTAYAM. 6. M/S. C.S. COMPANY ENGINEERING, CONTRATORS, T.B. ROAD, KOTTAYAM. 7. M/S. C.S. COMPANY (CONSTRUCTION), LTD., T.B. ROAD, KOTTAYAM. R3 TO R5 BY GOVT. PLEADER SMT. K. MEERA, R1 & R2 BY ADV. MR. K. GOPALAKRISHNA KURUP. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & P. Bhavadasan, J. ---------------------------------------- W.A No. 334 of 2009 ---------------------------------------- Dated this the 12th day of February, 2009 Judgment Koshy, Ag. C.J. Writ petitioner filed O.P. No.1055 of 1998 before the Consumer Disputes Redressal Forum. By Ext.P1 it was disposed of. Appeals were filed by both parties and fourth respondent remanded the matter for fresh consideration. On remand, Ext.P2 order was passed. Petitioner filed an application for getting Ext.P2 executed. At that time, a writ petition was filed by the petitioner. The above writ petition was dismissed with costs by Ext.P3 judgment. Appellant (third respondent) also filed a revision application. The revision application was dismissed as not pressed, but, on the same day, respondent Nos.1 to 3 obtained an interim order of stay in an appeal filed by them in 2005. Consequent to Ext.P5, fourth respondent issued Ext.P6 order recalling the revenue recovery order which was passed in the execution petition filed by the writ petitioner for recovering an amount due under Ext.P2. Meanwhile, attachment of the car belonging to third respondent (appellant herein) was lifted and on 5.1.2009 an interim order was passed. Appeal with delay condonation petition filed against Ext.P2 is pending consideration by the fourth respondent. In that only, Ext.P5 order was passed. The learned Judge found that if petitioner is aggrieved by Ext.P5 ex parte order, it is for W.A. No.334/2009 2 him to approach the same forum. The learned Judge directed that attachment of the car belonging to third respondent (appellant) will continue for four weeks and meanwhile, petitioner may move before the fourth respondent seeking variation of Ext.P5. Contention of the petitioner is that disposal of the petition for varying Ext.P5 may take long time. Meanwhile, his new vehicle is kept in the open yard. There is no point in keeping the vehicle in the open yard. In the above circumstances, attachment of the car shall be lifted if the petitioner furnishes sufficient security to the satisfaction of the Consumer Disputes Redressal Forum, Kottayam pending consideration of Ext.P4 revision if Ext.P5 order is not already vacated by the State Forum. Third respondent is directed to dispose of the revision application as expeditiously as possible, in any event, within three months from today. J.B.Koshy Acting Chief Justice P. Bhavadasan Judge vaa