IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 31153 of 2007(H) ---------------------------------------- PETITIONER: -------------------- R.M.SUDHARSHAN, S/O.LATE KARUNAKARAN, (CHILANKA, KOTTOOLI P.O.), PREMIER, COURT ROAD, KOZHIKODE-1. BY ADV. SRI.WILSON URMESE RESPONDENTS: -------------------------- 1. GADADHARAN, S/O.BHANUPRAKASH, 3/604, MANIPURAM, NADAKKAVU P.O., KOZHIKODE. 2. THE TAHSILDAR (R.R) KOZHIKODE. BY ADV. SRI.GOVIND K.BHARATHAN (SR.)- R1 SRI.C.P.KUNJHIKANNAN - R1 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI – R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31153/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE CDRF, KOZHIKODE IN O.P.NO.132/2004 DTD. 24/12/2004. EXT.P2: COPY OF THE I.A.NO.125/2005 IN O.P.NO.132/2004 BEFORE THE CDRF, KOZHIKODE TO SET ASIDE THE EXPARTE ORDER DTD. 24/12/2004. EXT.P3: COPY OF THE REVENUE RECOVERY NOTICE RECEIVED FROM THE OFFICE OF THE DEPUTY TAHASILDAR R.R., KOZHIKODE DTD. 17/07/2006. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J = = = = = = = = = = = = = = = = W.P.(C).No. 31153 OF 2007 = = = = = = = = = = = = = Dated this the 27th day of June, 2008. J U D G M E N T Based on Ext.P1 ex-parte award, when recovery proceedings were initiated against the petitioner, this writ petition was filed. According to the petitioner, though he had filed an application for getting the ex-parte order set aside, orders have not been passed for the reason that he President of the Consumer Disputes Redressal Forum, was not appointed and consequently, the Forum was not functioning. While admitting this case, this Court also granted and interim order staying the recovery proceedings against the petitioner. 2. Today, the learned Government Pleader on instructions submitted that the President has already been appointed. If that be so, the petitioner has to approach the Consumer Disputes Redressal Forum and seek orders on Ext.P2, the application to set aside the ex-parte award. W.P.(C).No. 31153 OF 2007 2 With that liberty, this writ petition is disposed of. It is directed that in order to enable the petitioner to secure orders safeguarding his interest, the interim order dated 19.10.2007, passed by this Court in this writ petition will remain in force for a period of four weeks from today. ANTONY DOMINIC, JUDGE bkn/-