IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8536 of 2009(O) ------------------------- CMA.3/2009 of PRL.SUB COURT,IRINJALAKUDA OS.569/2008 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER(S): --------------- 1. S.N.EDUCATIONAL & CULTURAL SOCIETY, CHENDRAPPINNI, REPRESENTED BY PRESIDENT, SUBRAMANIAN, S/O. KOLLARA VELAYUDHAN, EDAMUTTAM VILLAGE, KODUNGALLUR TALUK. 2. PRINCIPAL, S.N.VIDYABHAVAN SENIOR SECONDARY SCHOOL, CHENDRAPPINNI VILLAGE & DESOM, KODUNGALLUR TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. S.N.VIDYABHAVAN SENIOR SECONDARY SCHOOL PTA PRESIDENT, SUDHEER, S/O. KOLLARA GOPALAN, EDATHIRUTHI VILLAGE & DESOM, KODUNGALLUR TALUK. 2. SUNIL KUMAR, S/O. THEKKINIYEDATH RAJAN MASTER, VALAPPADU VILLAGE, CHAVAKKADU TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.8536 of 2009 --------------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The defendants in O.S.No.569 of 2008 on the file of the court of the Munsiff of Kodungallur have filed this Writ Petition challenging the judgment in C.M.A.No.3 of 2009 on the file of the court of the Principal Subordinate Judge, Irinjalakuda. The suit was filed by the respondents for injunction restraining the petitioners from realising fee from the students in excess of the fee that was being collected for the year 2006-2007, without consulting the Parent Teachers Association. An application for temporary injunction was filed as I.A.No.1196 of 2008 which was disposed of by the order dated 18th December 2008. The trial court allowed the application for temporary injunction and the petitioners herein were restrained from enhancing the fee structure of S.N.Vidyabhavan Senior Secondary School, Chendrappinni during the year 2008-2009. That order was challenged by the petitioners in C.M.A.No.3 of 2009. The court below dismissed the C.M.Appeal by the judgment dated 13th WPC No.8536/2009 2 February 2009. While disposing of the C.M.Appeal, the court below directed the trial court to dispose of the suit itself by the end of March 2009. 2. The main grievance of the petitioners is that while disposing of the application for temporary injunction and C.M.Appeal arising therefrom, the courts below have arrived at several findings on the merits of the case which would prejudice the petitioners at the time of trial. 3. After having heard the learned counsel for the petitioners, I do not think that there is any scope for interference in the Writ Petition under Article 227 of the Constitution of India. Temporary injunction was granted after considering all the relevant facts and circumstances of the case. The appellate court also considered the pleadings and facts and circumstances of the case and held that there is no ground to interfere with the well considered order passed by the trial court. 4. However, the grievance of the petitioners is that there are findings on the merits of the case and it would prejudice them at the time of trial, which requires some consideration. I make it clear that all the observations and findings in the order WPC No.8536/2009 3 of the trial court and the judgment of the appellate court were made only for the purpose of disposal of the prayer for temporary injunction and those observations and findings shall not be taken into account by the trial court while disposing of the suit on the merits. With the above observations, the Writ Petition is disposed of. K.T.SANKARAN, JUDGE csl