2025:KER:27092 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 7148 OF 2025 PETITIONER: LATHA BALAKRISHNAN AGED 70 YEARS W/O BALAKRISHNAN, KOLLARA HOUSE, THALIKULAM POST, THRISSUR DISTRICT,, PIN - 680569 BY ADV VINAY VIJAY SHANKER RESPONDENTS: 1 BALAKRISHNAN NAIR S/O MULLAPPILLY PARUKUTTY AMMA, OOKUNNAM POST, THRISSUR,, PIN - 680002 2 K. BHARATHAN, PROPIETOR, TOP CONSTRUCTION, SHORNUR ROAD, THRISSUR, S/O MULLAPILLY BALAKRISHNAN NAIR, POOKUNNAM POST, THRISSUR,, PIN - 680002 BY ADVS. Dinesh Mathew J Murikan VINOD S. PILLAI(K/631/2012) MOHAMMED THAYIB N.M.(K/1451/2019) NAYANA VARGHESE(K/283/2021) JERRY PETER(K/3088/2023) RIA VARGHESE(K/1367/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27092 WP(C). No.7148 of 2025 2 Dated this the 28th day of March, 2025 JUDGMENT The writ petition is filed, inter alia, to direct the Consumer Disputes Redressal Commission (in short, ‘Commission’), Thrissur, to dispose of EA No. 25/2024 in C.C. No. 400/2012, expeditiously. 2. When the writ petition came up for consideration on 21.02.2025, this Court directed the Registry to call for a report from the Commission to ascertain the status and reasonable time period required to dispose of E.A. No. 25/2024. 3. In compliance with the said order, the Commission, by communication dated 10.03.2025, had informed this Court that since there are 5543 cases pending on its roll, it requires at least six months time to dispose of E.A. No. 25/2024. 4. Heard; the learned counsel appearing for the petitioners and the learned counsel appearing for the 2025:KER:27092 WP(C). No.7148 of 2025 3 respondents. 5. The learned counsel for the respondents submitted that, challenging the order passed by the State Commission, the respondents have already filed R.P. No.486/2025 before the National Commission, New Delhi. However, no interim orders have been passed till date. On a consideration of the facts and the materials on record and the rival submissions made across the Bar, I deem it appropriate to direct the Commission to consider and dispose of E.A No.25/2024, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment. Needless to mention, if in the meantime, any stay order is passed by the National Commission, disposal of the E.A. would be subject to the orders to be passed by the National Commission. Sd/- C.S.DIAS, JUDGE mtk/28.03.25 2025:KER:27092 WP(C). No.7148 of 2025 4 APPENDIX OF WP(C) 7148/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 28.07.2006 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS Exhibit P2 A TRUE COPY OF THE LEGAL NOTICE DATED 06.03.2012 Exhibit P3 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN C.C-400/2012 BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR, Exhibit P4 A TRUE COPY OF THE COUNTER VERSION FILED BY THE RESPONDENTS BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR Exhibit P5 A TRUE COPY OF THE ORDER DATED 21.07.2018 PASSED BY THE HON’BLE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR IN C.C – 400/2012 Exhibit P6 A TRUE COPY OF THE APPEAL (A-593/2018) KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT THIRUVANANTHAPURAM Exhibit P7 A TRUE COPY OF THE APPEAL (A- 655/2018)HON’BLE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM, DATED 30-10-2018 Exhibit P8 A TRUE COPY OF THE COMMON ORDER DATED 13.12.2023 PASSED BY THE HON’BLE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM IN A-593/2018 AND IN A- 655/2018 Exhibit P9 A TRUE COPY OF THE EXECUTION APPLICATION (E.A. 25/2024) IN C.C. 400/2012 BEFORE THE HON'BLE CONSUMER DISPUTE REDRESSAL COMMISSION, THRISSUR 2025:KER:27092 WP(C). No.7148 of 2025 5 Exhibit P10 A TRUE COPY OF THE TREATMENT CERTIFICATE DATED 12/02/2025, ISSUED TO THE PETITIONER Exhibit P11 A TRUE COPY OF THE INTERIM INJUNCTION ORDER IN I.A – 802/2012 IN C.C – 400/2012. Exhibit P12 A TRUE COPY OF THE PETITION FILED BY THE COUNSEL FOR THE RESPONDENTS TO KEEP THE ABOVE EXECUTION APPLICATION IN ABEYANCE Exhibit P13 A TRUE COPY OF THE DETAILS OF THE REGISTRATION HELD ON 10.01.2025 DOWNLOADED FROM THE KERALA REGISTRATION WEBSITE Exhibit P14 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, VADANAPPILLY