IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35762 of 2007(G)
1. S.SANTHOSH KUMAR,
... Petitioner
Vs
1. MARY MORRIS,
... Respondent
2. J.XAVIER, S/O JOSEPH,
3. KERALA STATE CO-OPERATIVE HOUSING
4. CONSUMER DISPUTES REDRESSAL FORUM,
For Petitioner :SRI.BINU MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/12/2007
O R D E R
ANTONY DOMINIC, J.
= = = = = = = = = = = = = = = =
W.P.(C) No. 35762 OF 2007 G
= = = = = = = = = = = = = = = =
Dated this the 4th December, 2007
J U D G M E N T
Petitioner is a Part-time Administrator of a Co-operative
Society. Against the Co-operative Society the 4th respondent had
passed an order in O.P. No. 261/05. Aggrieved by the said order,
the Society has already filed Ext. P3 appeal before the Kerala State
Consumer Disputes Redressal Commission. The appeal is yet to be
numbered and in the meanwhile the complainants in the O.P,
respondents 1 and 2, filed E.P. No. 58/07 seeking to enforce the
order in O.P. No. 261/05.
2. It is the case of the petitioner that he appeared personally
before the 4th respondent and submitted about the pendency of the
appeal, but, however, ignoring the same, by order dated 5.11.2007,
warrant of arrest has been issued and in these circumstances the
writ petition has been filed praying for quashing the order issuing
warrant of arrest and for restraining the respondents from
W.P.(C) No. 35762 OF 2007 -2-
enforcing the same.
3. In the nature of the order that I propose to pass, it is not
necessary to issue notice to the parties.
4. In my view the contention raised by the petitioner on the
merits need not be considered at this stage. This is for the reason
that the petitioner has already filed Ext. P3 appeal which is pending
consideration. I feel interests of justice will be met if the petitioner
is given a breathing time to move the State Commission and obtain
interim order, keeping in abeyance the order dated 5.11.2007
issued by the 4th respondent issuing warrant of arrest against the
petitioner.
5. Accordingly, I dispose of this writ petition directing that the
order dated 5.11.2007 passed by the 4th respondent in E.P. No.
58/07 shall be deferred for a period of one month from today. In
the meanwhile, it will be for the petitioner to move Ext. P3 appeal
before the State Commission and obtain appropriate interim orders.
ANTONY DOMINIC
JUDGE
jan/-