1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)Nos.10013 and 10014 of 2011 and M.P.(MD)Nos.1,1,2 and 2 of 2011 W.P.(MD)No.10013 of 2011 K.Vinatha ... Petitioner Vs. 1. The District Consumer Disputes Redressal Forum, District Court Complex, Theni District. 2. Minor Keerthana represented by her father Mr.Suresh .. Respondents W.P.(MD)No.10014 of 2011 K.Vinatha ... Petitioner Vs. 1. The District Consumer Disputes Redressal Forum, District Court Complex, Theni District. 2. Minor Gayathri represented by her mother Mrs.Sivagami .. Respondents PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records in C.C.No.16 and 67 of 2007 respectively, on the file of the first respondent herein and set aside the same. For Petitioner : Mr.P.Muthuvijayapandian First Respondent: Court Respondent No.2: Dispensed with COMMON ORDER These writ petitions have been filed by the petitioner praying to issue a Writ of Certiorari to call for the records in C.C.No.16 and 67 of 2007 on the file of the first respondent herein and set aside the same. 2. Heard Mr.P.Muthuvijayapandian, learned Counsel appearing for the petitioner. In view of the order that is to be passed, notice to the second respondent is dispensed with. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In paragraph 12 of the affidavit, both the writ petitions challenge the consumer case filed by the second respondent in each of the case on the ground that the first respondent Forum has not considered the claim of the petitioner on merits. 4. The writ petitions as such are not maintainable for the following reason: "In paragraph 12 of the affidavit, it has been clearly stated that the Consumer Redressal Forum has passed an ex- parte order and the second respondent in both cases have filed execution petition for recovery of the money." 5. In such view of the matter, the petitioner's remedy will be to challenge the final order passed by the first respondent in the manner known to law either by way of an appeal or otherwise as may be advised. Since the final order has been passed, the question of setting aside the consumer case does not arise, as there is no case pending. 6. Both writ petitions are dismissed, by giving liberty to the petitioner as above. Consequently, the connected Miscellaneous Petitions are dismissed. No costs. Sd/- Assistant Registrar(RTI Act) /TRUE COPY/ Sub Assistant Registrar To The District Consumer Disputes Redressal Forum, District Court Complex,Theni District. W.P(MD)Nos.10013 and 10014 of 2011 and M.P.(MD)Nos.1,1,2 and 2 of 2011 06.09.2011 ssl PA/19.09.2011/2P/2C https://hcservices.ecourts.gov.in/hcservices/