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TMI Blog2021 (9) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... , the High Court can use its discretion either to entertain such Writ Petition or to reject it. Specific averments are necessary in the Writ Petition for not availing the statutory remedy of appeal when an appealable order is challenged by filing a Writ Petition under Article 226 of the Constitution of India. Simply stating that the authority who passed the order has no jurisdiction alone is not sufficient to invoke the jurisdiction under Art. 226 of the Constitution, especially when the appellate authority also can consider the question of jurisdiction. Here is a case, where Ext. P5 is admittedly an appealable order. When there is a statutory remedy against Ext. P5 order as per the Consumer Protection Act, 2019, this Court need not ente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an JUDGMENT P.V. Kunhikrishnan, J. 1. The petitioners in this Writ Petition are the Controller of Examinations, Kannur University, and the Kannur University, represented by its Registrar. This Writ Petition is filed challenging Ext. P5 order passed by the District Consumer Disputes Redressal Commission, Kannur (for short CDRC ). The main contention of the petitioners is that the CDRC has no jurisdiction to entertain Ext. P1 application and the petitioners raised a maintainability issue of Ext. P1 before the commission, but as per Ext. P5, the CDRC rejected the contention of the petitioners and found that the complaint is maintainable. Challenging Ext. P5, this Writ Petition is filed. 2. Heard the learned Standing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. This is the principle laid down by the Apex Court in Whirlpool Corporation's case (supra). The relevant portion is extracted hereunder: 14. The power to issue prerogative, writs under Art. 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for any other purpose . 15. Under Art. 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty also can consider the question of jurisdiction. This court need not entertain Writ Petitions to interfere with orders passed by authorities without jurisdiction in all situations when a statutory remedy is available. This court car use discretion while entertaining such Writ Petitions considering the facts and circumstances of each case. 6. Here is a case, where Ext. P5 is admittedly an appealable order. When there is a statutory remedy against Ext. P5 order as per the Consumer Protection Act, 2019, this Court need not entertain a Writ Petition unless there are compelling reasons. The petitioners are the University and its authorities. They can approach the State Commission, instead of filing a Writ Petition before this Court under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y mediation under Section 80. 7. Similarly S.47 of Act 2019 says about the jurisdiction of State Commission. S.47 is also extracted hereunder: 47. Jurisdiction of State Commission.-- (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction- (a) to entertain- (i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore: Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit; (ii) complaints against unfair contracts, where the value of goods or services paid as consideration does not exceed ten crore rupees; (iii) appeals a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ints so referred within a period of one month from the date of such reference. (4) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the State Commission is given; or (c) the cause of ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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