IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 6688 of 2009(O) ------------------------- OS.120/2005 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONERS: --------------- 1. M/S DHARMA PARIPALNA SABHA, REPRESENTED BY ITS PRESIDENT, SADANANDAN AGED 70 YEARS, S/O.LATE KANNAN, KALAPPURA HOUSE, KOONAPPADY VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. M/S.DHARMA PARIPALA SABHA REPRESENTED BY ITS SECRETARY, RAMESH, S/O.VASU, KODIYAPPATTUKUDY HOUSE, KOOVAPPADY VILLAGE. BY ADV. SRI.JOHN K.GEORGE SRI.K.S.ARUN KUMAR RESPONDENTS: ----------------- 1. N.NATARAJAN, AGED 46 YEARS, S/O.LATE K.S.NARAYANA IYER, THEKKE PUTHIYEDATH MADAM, KOOVAPPADY VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. T.JAWAHAR, AGED 67 YEARS, S/O.LATE RAMANATHAN, RUGMANI MANDIRAM, G.K.PILLAI ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. KASTHOORIRANGAN,AGED 54 YEARS,S/O.LATE VISWANATHA IYER,THEKKEPUTHIYEDATH MADOM,KOOVAPPADY VILLAGE,PERUMBAVOOR, ERNAKULAM DIST. REP. BY HIS P/A HOLDER SMT.K.MANGALAMBAL AGED ABOUT 75 YEARS, THEKKEPUTHIYADATH MADOM KOOVAPPADY KARA P.O, PERUMBAVOOR, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 6688 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2009 JUDGMENT Writ petitioners are the defendants in OS No.120/05 on the file of the Munsiff's Court, Perumbavoor. The suit was filed by the 1st respondent for a declaration that the plaint schedule school is an educational institution conceived and brought forth for the educational facilities principally for the Tamil Brahmin community. There is also a prayer for injunction restraining the defendants from transferring the administration, management or other rights in respect of the school. 2. The petitioners claim that they have got assignment of the rights of the school from two of the persons constituting the educational agency. Petitioners applied before Director of Public Instructions for approval of transfer. Approval was declined. Petitioners have challenged the order passed by Director before the Government. That matter is pending. It is submitted by learned counsel for the petitioners that Secretary to Government, General Education Department had heard the matter and orders are W.P.(C)No.6688 OF 2009 -:2:- reserved. 3. The suit was listed for trial. Petitioners moved an application to remove the case from list as IA No. 618/09. They stated that they are awaiting final orders in the matter pending before the Government. It is submitted that suit is listed for trial on 02.03.09. The apprehension of the petitioners is that the trial court would most likely dismiss IA No. 618/09. 4. The question whether adjournment is to be granted or not is a matter in the discretion of the court and this petition under Article 226 cannot be maintained. The writ petition lacks merits and it is accordingly dismissed. (K.T.SANKARAN) JUDGE ttb