IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 16099 of 2009(S) -------------------------- PETITIONER(S): --------------- 1. P.N.BHASKARAN NAIR, AGED 85 YEARS, S/O.NANU NAIR, CHAIRMAN, CONSUMER VIGILANCE CELL, THEVALLY P.O., KOLLAM. 2. N.SUDHEENDRAN, AGED 73 YEARS, S/O.NEELAKANTAN, PRESIDENT, KERALA PRATHIKARANA VEDI, ANCHALLUMMOODU, PERINAD P.O., KOLLAM. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CIVIL SUPPLIES AND CONSUMER AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE STATE CONSUMER PROTECTION COUNCIL, DEPARTMENT OF CIVIL SUPPLIES AND CONSUMER AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHAKKAD, THIRUVANANTHAPURAM REPRESENTED BY IS SHERISTADAR. ADDL.R5 IMPLEADED AS PER ORDER DT. 8.7.09 IN I.A.7943/09 5. KOLLAM BAR ASSOCIATION, REP. BY ITS PRESIDENT, G.MANIKANDAN PILLAI GOVT.PLEADER SRI.BENJAMIN PAUL. SRI.P.B.SURESH KUMAR FOR R5 SRI.LEO GEORGE FOR R5 SRI.K.P.SUJESH KUMAR FOR R5 SRI.K.N.SASIDHARAN NAIR FOR R5 SMT.SANDHYA RADHAKRISHNAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. -------------------------------------------- W.P.(C) No.16099 of 2009 ---------------------------------------------- Dated 14th August, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayers :- (1) “ Declare that the move to shift the Consumer Disputes Redressal Forum, Kollam from the present building to the proposed building is unwise, unworkable and arbitrary. (2) Issue a writ in the nature of mandamus commanding the respondents 1 and 2 to do away the proposal to shift the Consumer Disputes Redressal Forum, Kollam from the present building to the proposed building.” When the writ petition came up before us, we directed the Government Pleader to get instruction and file an affidavit as to the amenities made available at the proposed place. We also directed the District Judge to submit a report. In the affidavit filed on behalf of the first respondent, it is stated that “…all the minimum facilities required are included in the plan. There is also scope for WP(C) NO.16099/09 2 further extension of the building.” It is also submitted that the proposed place is more convenient to the public. Still further we note that steps as above are taken as directed by the National Commission. The learned District Judge has submitted a report dated 10.8.2009. To the extent relevant, the report reads as follows :- “In my opinion the Forum requires one court hall, 3 chambers with toilets for the President and 2 members with ante rooms for taking lunch, one office room, one room to keep library books, one room to keep records, one room for stenographers as there are two stenographers, one room for lawyers with toilet, one toilet for the staff, one room for litigants with toilet, one room for server and service centre. I feel that if upstair is constructed properly and if the land in the possession of the Legal Metrology Department is also transferred to the Consumer Disputes Redressal Forum, the defects can be addressed to a large extent.” Learned Government Pleader submits that only due to the paucity of funds, the State is not in a position to take up the further construction. There will be a direction to the first respondent to consider the report of the learned District Judge as extracted above and see whether it is possible to transfer the adjacent land for the purpose of Consumer Disputes Redressal Forum, Kollam. The District Bar WP(C) NO.16099/09 3 Association is free to take their own independent initiative to find other permissible sources, so as to make available the facilities required at the centre until the Forum gets further grant from the National Commission. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.16099 of 2009 ---------------------------------------------- J U D G M E N T Dated 14th August, 2009.