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
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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