IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 31122 of 2011(M) -------------------------- RC.10/2011 of ADDL.C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- ALL KERALA ASSOCIATION FOR THE MENTALLY RETAREDED ,REG.OFFICE AT CENTRAL INSTITUTE OF MENTAL RETARDATION,MURINJIJPALAM, MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM-695011 REP.BY ITS SECRETARY BY ADV. SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.P.A.RINUSA SMT.ANNIE JACOB RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (R)DEPARTMENT, THIRUVANANTHAPURAM 2. THE SECRETARY TO GOVERNMENT, HEALTH AND SOCIAL WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM SRI.SHYSON P. MANGUZHA, STATE ATTORNEY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31122/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- TRUE COPY OF THE REPORT OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT EXT.P2:- TRUE COPY OF THE REPORT OBTAINED BY THE PETITIOENR UNDER RIGHT TO INFORMATION ACT DTD 29/12/2010 EXT.P3:- TRUE COPY OF THE COMMON JUDGMENT DTD 15/12/2010 IN WA 18476/2010 EXT.P4:- TRUE COPY OF THE COVERING LETTER DTD 19/5/2011 EXT.P5:- TRUE COPY OF THE LATEST LETTER ISSUED BY THE 3RD RESPONDENT DTD 22/10/2011 EXT.P6:- TRUE COPY OF THE LETTER DTD 17/10/2011 EXT.P7:- TRUE COPY OF THE PROCEEDINGS DTD 23/1/2010 SHOWING THE POSTING OF RC NO.10/2011 EXT.P8:- TRUE COPY OF THE APPLICATION DTD 18/11/2011 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31122 OF 2011 ===================== Dated this the 9th day of December, 2011 J U D G M E N T Petitioner is an association rendering service for mentally retarded in India, which has also established 10 institutions in the State. In this writ petition, their grievance is regarding the non disbursement of the grant-in-aid from the Central Government. Ext.P5 reply obtained by the petitioner from the office of the 3rd respondent indicates that the applications made by the petitioner in respect of two of their institutions were returned by the 3rd respondent by their letter dated 27/5/11 on account of the pendency of crime No.414/CB-119/04 of the Medial College Police Station, Thiruvananthapuram. 2. In so far as the said criminal case is concerned, the investigation agency had filed Ext.P2 refer report and pursuant to the orders of this Court, the Additional Chief Judicial Magistrate, Thiruvananthapuram, the Court where the said crime was pending has made a report dated 7/12/11 which shows that on 25/11/11 the refer report (RC 10/11) was accepted. Thus, with the acceptance of the refer report, the case is closed and the crime is WPC No.31122/11 :2 : no longer pending. If that be so, the reason which is stated in Ext.P5 for not processing and returning the applications made by the petitioner for grant-in-aid from the Central Government no longer survives as of today. 3. In that view of the matter, petitioner is entitled to submit the application and it is for the 3rd respondent to process the same in accordance with law so that ultimately the matter will have to be taken up before the Central Government. 4. I also take note of the submission of the learned senior counsel appearing for the petitioner that in view of the order passed by the Apex Court in SLP (C) 2684 and 2685 of 2011, the Central Government is to disburse the grant-in-aid before 29/12/11. In the aforesaid background, I dispose of this writ petition directing that it will be open to the petitioner to resubmit the application for grant-in-aid to the 3rd respondent, in which event, the 3rd respondent will process the same and forward it to the Central Government expeditiously for further process in accordance with law and to enable the petitioner to receive the grant-in-aid, which it is entitled to get. ANTONY DOMINIC, JUDGE Rp