IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.16974 of 2001 Between: M/s Subbaraya Constructions, Rep. by its Managing Partner, Smt. P.Nirmala Devi, W/o.P.S.R.Patrudu, R/o. Flat No.105, Sai Towers, Jail Road, Visakhapatnam. ..... PETITIONER AND 1 The Union of India, Rep. by its Principal Secretary (Lqw) Department, New Delhi. 2 Kannepalli Sri Surya S/o. Late Seetha Ramaiah D.No.32-37-2, Muncipal Colony, Opp: Ramakrishna Theatre, Visakhapatnam. 3 Ch. Indira Bai W/o. Ch.Satyarao D.No.16-11-8, Perikiveedhi, Near Rambhajana Temple, R.R.Mohan Rao, Velamopeta, Visakhapatnam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Certiorari declaring the power of penalties U/s 27 of the consumer protection Act (Act 68/86) without contemplating the procedural rules thereunder, is violative of Art 14 19 and 21 of the Constitution of India and consequently declare the action of the District Consumer Forum Visakhapatnam in issuing warrant of arrest in P.P.No.242/99 in C.D.No.79/99 to the Managing Partner of petitioner construction who is women, without following the procedure known to law is highly arbitrary unjust and opposed to the principles of natural Justice. Counsel for the Petitioner:MR.D.PRABHAKAR REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.16974 of 2001 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed questioning the constitutional validity of Section 27 of the Consumer Protection Act, 1986. Learned counsel for the respondents submits that the constitutional validity of Consumer Protection Act, 1986, was upheld by the Apex Court in STATE OF KARNATAKA Vs. VISHWABHARATHI HOUSE BUILDING CO-OP., SOCIETY AND OTHERS[1]. The subject matter of this writ petition is squarely covered by the said decision. None appears for the petitioner though the matter is listed under the caption “for dismissal”. Accordingly, the writ petition is dismissed for default. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 09-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MADHURI} [1] (2003) 2 Supreme Court Cases 412