IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 26013 of 2010(B) -------------------------- PETITIONER(S): --------------- VINCENT, AGED 57 YEARS,S/O.ANDREW, KOTTAPPURATH HOUSE, MOOLANKUZHI, KOCHI-2. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM-30 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682030. 4. THE SECRETARY,CORPORATION OF KOCHI 5. ARUJA LITTLE STAR SCHOOL, REP. BY PRINCIPAL, MOOLANKUZHY, KOCHI-682001. ADV.RAMESH BABU, SC GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 26013 of 2010 ================== Dated this the 18th day of August, 2010 J U D G M E N T This writ petition is filed by the petitioner seeking the following reliefs: “i) Issue a Writ of Mandamus or any other writ or order or direction, directing the respondents 1 to 4 to ensure that the unauthorized functioning of the 5th respondent school be stopped forthwith; ii) Issue a Writ of Mandamus or any other writ or order or direction, directing the respondents 1 to 3 to ensure the proper continuous study of the students in 5th respondent school.” Going by the above said prayers, the writ petition is in the nature of a public interest litigation, although in some part of the writ petition the petitioner vaguely alleges pollution also. But what is to be considered is the prayers which are obviously in the nature of a public interest litigation. Since the Court is of the opinion that going by the prayers in the writ petition, this writ petition is in the nature of a public interest litigation, the learned counsel for the petitioner seeks permission to withdraw the writ petition without prejudice to the right of the petitioner to file a public interest litigation on the same cause of action. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge ///True copy/// P.A. to Judge