High Court of KeralaWP(C)/14938/2015disposed of

Johnson K.P v. The State Of Kerala

2015-09-22Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 14938 of 2015 (M) ---------------------------- PETITIONER(S):

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1. JOHNSON K.P, S/O LATE POULOSE, 423 KALIYATHUPARAMBIL, KODAKARA GRAMA PANCHAYATH, IRINJALAKUDA.

2. K.P. JOY, S/O LATE POULOSE, 423 KALIYATHUPARAMBIL, KODAKARA GRAMA PANCHAYATH, IRINJALAKUDA.

BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR, REPRESENTED BY THE SECRETARY, CONSUMER DISPUTES REDRESSAL FORUM, AYYANTHOLE, THRISSUR-680003.

3. THE SUB INSPECTOR OF POLICE, KODAKARA, TRICHUR DISTRICT-680 684.

4. GLENTA, D/O PALLIKKARA ANTONY PERAMBRA, KODAKARA P.O, TRICHUR DISTRICT - 680684.

5. GLAFFY, D/O PALLIKKARA ANTONY PERAMBRA, KODAKARA P.O, TRICHUR DISTRICT - 680684.

R1 & R3 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14938 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

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TRUE COPY OF THE COMPLAINT NO.1362 OF 2004 ON THE FILE OF THE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR FILED BY THE 5TH RESPONDENT.

EXT.P2 :

TRUE COPY OF THE COMPLAINT NO.1363 OF 2004 ON THE FILE OF THE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR FILED BY THE 4TH RESPONDENT.

EXT.P3 :

THE TRUE EXTRACT OF THE FIRM THE CLEAR FINANCE ISSUED BY THE REGISTRAR OF FIRMS, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION KERALA DATED 3.7.2004.

EXT.P4 :

TRUE COPY OF THE ORDER DATED 1.12.2010 IN O.P.1362 OF 2004 ON THE FILE OF THE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR.

EXT.P5 :

TRUE COPY OF THE ORDER DATED 1.12.2010 IN O.P.1363 OF 2004 ON THE FILE OF THE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR.

EXT.P6 :

THE TRUE COPY OF THE ORDER SHEET IN E.A.204 OF 2011 IN O.P.1362 OF 2004 BEFORE THE DISTRICT FORUM, THRISSUR.

EXT.P7 :

THE TRUE COPY OF THE ORDER SHEET IN E.A.198 OF 2011 IN O.P.1363 OF 2004 BEFORE THE DISTRICT FORUM, THRISSUR.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 14938 of 2015 ---------------------------------------- Dated this the 22nd day of September, 2015

J U D G M E N T

Petitioners, aggrieved by the orders issued by the Consumer Disputes Redressal Forum, Thrissur, approached this Court. Exts.P4 and P5 and also Exts.P6 and P7 are the orders issued by the Forum.

2. Petitioners' case is that they are not partners of the firmM/s.Clear Finance engaged in money lending business, which is the respondent before the Consumer Disputes Redressal Forum. Their father was a partner of the above firm and he is no more. He died in the year 2002.

3. This Court is of the view that the petitioners shall raise their objections before the Consumer Disputes Redressal Forum. This shall be done within a period of one month from the date of receipt of a copy of this judgment. Thereafter, the Forum shall pass appropriate

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orders after hearing the petitioners. Till a decision is taken by the Forum as above, no coercive steps shall be taken against the petitioners.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

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