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2024 Supreme(Ker) 744

A. MUHAMED MUSTAQUE, S. MANU
Valsamma Chacko – Appellant
Versus
Leelamma Joseph, Wife Of Joseph. J. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : AJIT JOY, ANEESH JAMES, SAYUJYA
For the Respondent: SHYAM PADMAN, A.AHZAR, ALEX M SCARIA, JOHNSON GOMEZ, C.M.ANDREWS, BOBY M.SEKHAR, LAYA MARY JOSEPH, HARISH ABRAHAM, NICHU WILLINGTON, ASHWATHI SHYAM, S.BIJU, KIZHAKKANELA, SANJAY JOHNSON, JOHN GOMEZ, ABIN JACOB MATHEW, ARUN JOHNY, DEEBU R., ARAVIND PRAKASH, KRISHNADEV K., SARITHA THOMAS, PAVAN ROSE JOHNSON, ALEN J. CHERUVIL, SAHL ABDUL KADER

JUDGMENT :

S.MANU, J.

Brief facts

Appellant in First Appeal No.383/2013 of the National Consumer Disputes Redressal Commission (NCDRC) at New Delhi has preferred this writ petition under Article 227 of the Constitution. Her appeal was rejected by the NCDRC. The appeal was directed against judgment of the Kerala State Consumer Disputes Redressal Commission in C.C.No.10/2005. The State Commission, in the complaint filed by the 1st respondent herein, alleging medical negligence, found that the 1st respondent is eligible for compensation to the tune of Rs.22,00,000/-for the negligence and deficiency in service on the part of the petitioner herein and cost of the treatment undergone by the 1st respondent. As the NCDRC refused to interfere with the judgment of the State Commission, the petitioner is seeking interference by this court in exercise of the supervisory jurisdiction under Article 227.

2. Preliminary objection

The learned Senior Counsel appearing for the 1st respondent raised an objection that a writ petition under Article 227 will not lie before this court against the order passed by the NCDRC at New Delhi. He contended that the jurisdiction vested with the High Court under Article

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