High Court Kerala High Court

Biji Abraham vs The Manager on 3 September, 2010

Kerala High Court
Biji Abraham vs The Manager on 3 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34130 of 2006(K)


1. BIJI ABRAHAM, S/O.ABRAHAM,
                      ...  Petitioner
2. RENJIT G.PILLAI, S/O.GOPINATHA PILLAI,

                        Vs



1. THE MANAGER, ST.THOMAS H.S.S.,
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER,

3. THE DEPUTY DIRECTOR OF EDUCATION,

                For Petitioner  :SRI.WILSON URMESE

                For Respondent  :SRI.MATHEW JOHN (K)

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :03/09/2010

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
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                      W.P.(C)No. 34130 OF 2006
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            Dated this the 3rd day of September, 2010

                                JUDGMENT

The petitioners have approached this Court with the

following prayers:

“i) Call for the records leading to the case;

ii) issue a writ of mandamus or any other appropriate writ,

order or direction commanding the 1st respondent not to

rent out the school premises in violation of KER;

iii) issue a writ of mandamus or any other appropriate writ,

order or direction directing the respondents 2 and 3 not to

permit any school management including the 1st

respondent from illegally renting out their premises and

order them to take a strict action against the

managements who violates the rules and running the

business of lodging and parking;”

2. Heard the learned counsel appearing for the petitioners

as well as the learned Government Pleader appearing for the

respondents. It is brought to the notice of this Court that the

grievance of the petitioners with regard to the improper leasing

out of the premises of the School by the 1st respondent has been

brought to the notice of the concerned respondent by filing

Ext.P3 representation.

WP(C) No. 34130 of 2006

-:2:-

3. When the matter came up for consideration before this

Court on 21.12.2006, notice before admission was ordered. It

appears that the grievance projected by the petitioners in respect

of the alleged cause of action is of the year 2006 and no further

material has been produced by the petitioners in respect of the

subsequent turn of events. As such it appears that the cause of

action does not survive as on date.

In the above circumstance, the Writ Petition is closed

without expressing anything as to the merits of the case, without

prejudice to the right of the petitioners to pursue Ext.P3

representation, if the same is still pending.

P.R. RAMACHANDRA MENON, JUDGE
ttb