IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8536 of 2009(O)
1. S.N.EDUCATIONAL & CULTURAL SOCIETY,
... Petitioner
2. PRINCIPAL,
Vs
1. S.N.VIDYABHAVAN SENIOR SECONDARY SCHOOL
... Respondent
2. SUNIL KUMAR, S/O. THEKKINIYEDATH
For Petitioner :SRI.T.A.SHAJI
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/03/2009
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.8536 of 2009
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Dated this the 17th day of March, 2009
JUDGMENT
The defendants in O.S.No.569 of 2008 on the file of the
court of the Munsiff of Kodungallur have filed this Writ Petition
challenging the judgment in C.M.A.No.3 of 2009 on the file of
the court of the Principal Subordinate Judge, Irinjalakuda. The
suit was filed by the respondents for injunction restraining the
petitioners from realising fee from the students in excess of the
fee that was being collected for the year 2006-2007, without
consulting the Parent Teachers Association. An application for
temporary injunction was filed as I.A.No.1196 of 2008 which was
disposed of by the order dated 18th December 2008. The trial
court allowed the application for temporary injunction and the
petitioners herein were restrained from enhancing the fee
structure of S.N.Vidyabhavan Senior Secondary School,
Chendrappinni during the year 2008-2009. That order was
challenged by the petitioners in C.M.A.No.3 of 2009. The court
below dismissed the C.M.Appeal by the judgment dated 13th
WPC No.8536/2009 2
February 2009. While disposing of the C.M.Appeal, the court
below directed the trial court to dispose of the suit itself by the
end of March 2009.
2. The main grievance of the petitioners is that while
disposing of the application for temporary injunction and
C.M.Appeal arising therefrom, the courts below have arrived at
several findings on the merits of the case which would prejudice
the petitioners at the time of trial.
3. After having heard the learned counsel for the
petitioners, I do not think that there is any scope for interference
in the Writ Petition under Article 227 of the Constitution of
India. Temporary injunction was granted after considering all
the relevant facts and circumstances of the case. The appellate
court also considered the pleadings and facts and circumstances
of the case and held that there is no ground to interfere with the
well considered order passed by the trial court.
4. However, the grievance of the petitioners is that there
are findings on the merits of the case and it would prejudice
them at the time of trial, which requires some consideration. I
make it clear that all the observations and findings in the order
WPC No.8536/2009 3
of the trial court and the judgment of the appellate court were
made only for the purpose of disposal of the prayer for
temporary injunction and those observations and findings shall
not be taken into account by the trial court while disposing of the
suit on the merits.
With the above observations, the Writ Petition is disposed
of.
K.T.SANKARAN,
JUDGE
csl