1. This writ petition is filed by the petitioners seeking the following reliefs:
(i) Issue a writ, order or direction in the nature of mandamus or other appropriate writ, directing the respondents No.2 to 4 or the concerned
among them to forthwith proceed with the recovery based on requisitions in the nature of Ext.P2 passed in favour of the various members of the
1st petitioner association and proceed to recover the amounts through the proceedings contemplated under the Kerala Revenue Recovery Act and
thus secure ends of justice to the petitioners; and
(ii) Allow the petitioners to recover the full costs incurred for the institution and conduct of the writ petition (Civil) from the respondents No.5 to 8.
2. Material facts for the disposal of the writ petition are as follows:
3. First petitioner is a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955, and the
2nd petitioner is the elected President of the 1st petitioner organization. The very constitution of the 1st petitioner is affected due to the failure on
the part of the 6th respondent to return the amounts deposited with them by public at large. Thereupon, complaints were filed before the Consumer
Disputes Redressal Forum, Alappuzha, which has passed Ext.P2 and similar orders. According to the petitioners, the order passed by the
Consumer Forum has become final, and thereupon, execution applications were preferred, recovery steps were directed, however, the
respondents have not taken any action to effect recovery and proceed in accordance with the provisions of the Kerala Revenue Recovery Act. It
is thus seeking appropriate directions, this writ petition is filed.
4. I have heard learned counsel for the petitioners, learned Senior Government Pleader and the learned counsel appearing for respondent No.7.
Perused the documents on record and the pleadings put forth by the respective parties.
5. It is not under much dispute that the order passed by the Consumer Forum as per Ext.P2 and similarly constituted orders are concluded. It is
also not under dispute, as per the execution petition filed, the Consumer Forum has issued orders in order to recover the amount by resorting to
the provisions contained under the Kerala Revenue Recovery Act. Therefore, it is for the statutory authority to take necessary steps to effect the
recovery and proceed in accordance with law, as per the provisions contained under the Kerala Revenue Recovery Act. There shall be a direction
accordingly.
6. I also make it clear that the Consumer Forum executing the decree shall also be alert, take necessary steps and issue appropriate directions at
appropriate time, so as to ensure that its orders are executed. Necessary steps shall be taken and the proceedings shall be finalized within a period
of six months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly.
