IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4299 of 2007(S)
1. P.RAHIM, ADVOCATE,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE SECRETARY TO GOVERNMENT,
For Petitioner :SRI.N.NANDAKUMARA MENON
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/05/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN, J.
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W.P.(C) No.4299 of 2007
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Dated, this the 25th day of May, 2007
JUDGMENT
H.L.Dattu, C.J.
An advocate who calls himself a public spirited citizen is
before us in this writ petition filed under Article 226 of the
Constitution for direction to the respondents to take immediate
steps for selection and appointment to the posts of Presidents
and members of the District Consumer Protection Forums in the
State in accordance with the provisions of the Consumer
Protection Act, 1986 and the Consumer Protection Rules, 2005.
2. This Court after entertaining the writ petition had issued
notice to the respondents.
3. The second respondent has entered appearance and has
filed his counter affidavit before this Court. At paragraph 4 of
the counter affidavit the second respondent has stated as under:
“4. Pursuant to the panel already received,
interview was conducted on 1st, 2nd and 5th of March,
2007 and the Government are awaiting for the panel
for recommendation of appointment from the
W.P.(C) No.4299/2007 2
selection committee. It is submitted that State
Government is giving top priority for filling up the
post of various forums of Consumer Disputes
Redressal Forums. The delay in filling up of the
vacancy arose only due to administrative exigencies.
The contention raised by the petitioner that the
delay occurred on account of the extraneous reasons
is incorrect and hence denied. It is submitted that
the entire process of selection will be completed at
the earliest.
4. In principle, the second respondent agrees that the posts
of Presidents and members of the District Consumer Protection
Forums in the State require to be filled up and he also states that
the same will be done at the earliest.
5. In view of the statement made by the second
respondent in his counter affidavit, in our opinion, the only
direction that requires to be issued in this writ petition is to direct
respondent No.2 to fill up the posts of Presidents and members of
the District Consumer Protection Forums in the State as
expeditiously as possible.
In view of the above, the following: The writ petition is
allowed. The second respondent is directed to fill up the posts of
Presidents and members of the District Consumer Protection
W.P.(C) No.4299/2007 3
Forums in the State in accordance with the provisions of the
Consumer Protection Act, 1986 and the Consumer Protection
Rules, 2005 as expeditiously as possible and at any rate within
four months from today. Ordered accordingly.
(H.L.DATTU)
Chief Justice
(K.T.SANKARAN)
Judge
vns