IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 34130 of 2006(K) -------------------------------- PETITIONERS: --------------- 1. BIJI ABRAHAM, S/O.ABRAHAM, SABARI HOMES, ERUMELY P.O., KOTTAYAM DISTRICT. 2. RENJIT G.PILLAI, S/O.GOPINATHA PILLAI, KADAKAYAM, ERUMELY P.O., KOTTAYAM DISTRICT. BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY RESPONDENTS:l ----------------- 1. THE MANAGER, ST.THOMAS H.S.S., ERUMELY, KOTTAYAM DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPALLY. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 R2 & R3 BY GOVERNMENT PLEADER SRI.K.SASIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 34130 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - 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 -:2:- 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