IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19810 of 2009(O)
1. LAKSHMI,
... Petitioner
2. BABY SULATHA B
3. BINU.M
Vs
1. STATE OF KERALA
... Respondent
2. DISTRICT EDUCATIONAL OFFICER
3. DIRECTOR OF PUBLIC INSTRUCTION
4. SN ENGLISH MEDIUM HIGH SCHOOL
5. S.N.V.WOMEN'S ASSOCIATION TRUST
6. K.P.ANITHA, AGED 72 YEARS
7. SMT. SARADAMMA, AGED ABOUT 73 YEARS
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :15/07/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.19810 OF 2009
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Dated this the 15th day of July 2009
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JUDGMENT
The petitioners moved an application
before the Sub Court, Trivandrum seeking permission
to institute a suit under section 92 of Code of
Civil Procedure. Initially leave was tentatively
granted but later on the same day suomotu that
order was renewed holding that only the Principal
Civil Court of original jurisdiction can grant
permission to accord leave to institute the suit
under Section 92 of Code of Civil Procedure.
Propriety and correctness of that order is
impeached by the petitioners in this petition
invoking the supervisory jurisdiction vested with
this court under Article 227 of the Constitution of
India.
W.P.(C).No.19810 OF 2009 2
2. I heard the learned counsel for the
petitioners. Since no notice on the application
for leave had been issued by the court below I find
notice to the respondents is not necessary, and it
is dispensed with. The learned counsel for the
petitioner inviting my attention to the
notification published by the Government G.O (MS)
384/66dated 24/10/1966 published in the gazette
dated 01/11/1966 submitted that Sub court is also
having concurrent jurisdiction to grant leave and
entertain a suit under Section 92 of Code of Civil
Procedure within their jurisdiction. Having regard
to the words used in Sub Section (1) of Section 92
that the suits under Section 92 of Code of Civil
Procedure can be instituted ” in the Principal
Civil Court of original jurisdiction or in any
other court empowered in that behalf by the state
Govt. within the local limits of whose jurisdiction
W.P.(C).No.19810 OF 2009 3
the whole or any part of the subject matter of the
trust is situate to obtain a decree” I find the
submission of the learned counsel for the
petitioner is well founded, and a reconsideration
of the matter by the learned Sub Judge is called
for. So much so the declining of leave under the
impugned order passed by the learned Sub Judge is
set aside, who is directed to consider the matter
fresh. Petitioner shall produce a copy of the
notification referred above before the court to
enable the court to pass appropriate orders in
accordance with law. The writ petition is closed.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv