The court upheld procedural compliance in relocating consumer forums while prioritizing the convenience of public access and previously established judicial directives.

J U D G M E N T

S. Manikumar, C. J.

Petitioner, claiming himself to be the General Secretary of the Consumers Federation of Kerala, Kollam District Committee, a registered association, has filed the instant writ petition, seeking a direction to the Secretary, Department of Civil Supplies and Consumer Affairs, Thiruvananthapuram, the District Collector, Kollam and the State Consumer Protection Council, Thiruvananthapuram, respondents 1 to 3 respectively, to desist from shifting the Consumer Disputes Redressal Forum from the present premises to the proposed building.

2. He also sought for a direction to appoint an Advocate Commissioner, to inspect and report on the drawbacks and discrepancies in the proposed building, pointed out by the petitioner.

3. Short facts leading to the filing of the writ petition are as hereunder:-

a) According to the petitioner, writ petition has been necessitated due to the arbitrary, unjust and unwise action taken by the Secretary, Department of Civil Supplies and Consumer Affairs, Thiruvananthapuram, the District Collector, Kollam and the State Consumer Protection Council, Thiruvananthapuram, respondents 1 to 3 respectively, to shift the District Consumer Disputes Redressal Forum, Kollam, from the present building to another proposed building, far away from the present premises, without taking into consideration the difficulties faced by the consumer litigants, due to lack of proper amenities and facilities, and for a proper functioning of the Consumer Forum.

b) Petitioner has submitted that the then Kollam District Judge had filed a report as per direction of this Court in W. P. (C) No. 16099 of 2009, wherein several drawbacks and deficiencies of the proposed building were pointed out, and even after passage of 13 years, the same drawbacks and deficiencies still persist, without being resolved by respondents 1 to 3. The directions made by this Court in W. P. (C) No. 16099 of 2009, remained only on paper, as it was not acted upon by the respondents concerned. Now, without addressing and resolving any of the deficiencies, the respondents 1 to 3 are taking hasty steps to shift the Consumer Disputes Redressal Forum, Kollam, from the present building to another proposed building.

c) Petitioner has further submitted that contrary to directions in Ext. P1 judgment in W. P. (C) No. 16099 of 2009 dated 14.08.2009, the Kollam Bar Association was kept in the dark, without any consultation, and no information was revealed to them before taking a decision to shift the Kollam Consumer Disputes Redressal Forum to the proposed building.

d) Petitioner has also submitted that after the opening of the Revenue Tower at the KSRTC Junction, sufficient space has become available in the present premises itself, which can be used for Consumer Disputes Redressal Forum, without causing any financial burden to respondents 1 and 2. The present premises is the most convenient place for litigant public, because of easy access from all Taluks and surrounding areas of Kollam District, due to availability of public transport facilities.

4. According to the petitioner, drawbacks and deficiencies in the proposed new building are as under:-

"10. It is submitted that the proposed building has several drawbacks and deficiencies and is not fit to be used as a Consumer Redressal Forum of a large District like Koliam. The drawbacks and deficiencies are mentioned in detail hereunder for a proper appreciation of the petitioner's case.

11. It is submitted that the proposed building has occupied the entire land without providing open space on all sides. There is no open space at all in front of the proposed building. Moreover, there is no verandah or waiting hall for the litigants and witnesses.

12. It is further submitted that there is a narrow pathway provided to the building, without even a width of at least 3 meters. If the vehicles of Presiding Officers are parked in the said narrow pathway, there will not be any space to park any other vehicle and