V ANIL KUMAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, who is a practising Advocate, has come up with the present writ petition pro bono, seeking the issue of a writ of Mandamus to direct the respondent-State Government, to issue necessary Notification under Section 27 (2) of the Consumer Protection Act, 1986, conferring powers upon the District Consumer Disputes Redressal Forums and the State Consumer Disputes Redressal Commission, in the State of Tamilnadu, to be the Judicial Magistrates of First Class, for the purpose of various provisions of the Code of Criminal Procedure,1973.

(2.) WE have heard Mr. S. R. Rajagopalan, learned counsel for the petitioner and Mr. P. Raja Khalifulla, learned Government Pleader for the respondent.

(3.) IN brief, the grievance of the petitioner is that whenever the orders of the District Forums or the State Commission, are sought to be enforced by invoking section 27 (2) of the Consumer Protection Act,1986, the Police is refusing to execute the warrants of arrest issued by these Forums/commission, on the ground that the Forum/commission constituted under the Act have not been notified as Judicial Magistrates of First Class. It is the contention of the petitioner that though Section 27 (2) of the Consumer Protection Act, 1986, as inserted by the Consumer Protection (Amendment) Act, 2002, with effect from 15. 03. 2003, conferred upon the District Forums, the State Commissions and the National Commission, the powers of a Judicial Magistrate of First Class, a Notification under Section 11 read with Section 32 of the Code of Criminal Procedure is necessary, to enable these Forums and State Commission to exercise such powers of a Judicial Magistrate. On account of the State Government not issuing any such Notification under Section 11 read with section 32 of the Code of Criminal Procedure, the District Forums and the State Commission, according to the petitioner, could not effectively exercise the powers of a Judicial Magistrate. Therefore, the petitioner has come up with the present writ petition seeking a direction to the State Government to issue a Notification as prescribed under the Code of Criminal Procedure, so as to make Section 27 (2) of the Consumer Protection Act, workable.