IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26240 of 2011(D) -------------------------- PETITIONER: ----------- LUBINA, W/O.NAZIHUDEEN, RESIDING AT CHINNU MANZIL. KIZHUVILAM VILLAGE,ATTINGAL,THIRUVANANTHAPURAM (DISTRICT). BY ADVS. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT: ----------- THE BRANCH MANAGER,FEDERAL BANK, VENGODE BRANCH, CHIRAYINKEEZHU TALUK,THIRUVANANTHAPURAM(DISTRICT) PIN 695 313. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 26240 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 5/7/1988 OF NAVABHARATH VIJNAM TRUST. EXHIBIT P2 TRUE COPY OF THE RENEWAL CERTIFICATE OF THE TRUST DATED 4/1/1989. EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING OF NAVABHARATH VIJNAM TRUST HELD ON 15/4/1993. EXHIBIT P4 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE RESPONDENT DATED 14/9/2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 26240 of 2011 - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: 1. Issue a writ of Mandamus or any other appropriate writ, order or direction, compelling the respondent to provide an attested copy of the records based on which the respondent has provided loan to Navabharath Vijnan Trust to purchase school bus; 2. Direct the respondent to consider and dispose of Ext.P4 representation in accordance with law. 2. Going by the pleadings and prayers raised in this writ petition, it appears that the petitioner wants to have the dispute between her and somebody else settled, for the purpose of which, she wants to have the relevant records to be issued by the respondent Bank. The case of the petitioner is that she was a member of the 'Navabharatha Vijnan Trust' and a loan was obtained from the respondent Bank with the involvement of the petitioner as a member of the Trust. However, in the course of events, some other person has assumed the rights and interests over the Trust, stating that he is the sole trustee of the said institution and is proceeding with further steps. It is in the said circumstance, that the petitioner has W.P.(C). No.26240/2011 -:2:- approached the respondent Bank seeking for issuance of the copies of the documents in connection with the loan for enabling her to substantiate her case elsewhere. 3. After considering the nature of pleadings and prayers as above, this Court finds that there is no public duty on the part of the respondent Bank to cater to the need of the petitioner to be enforced through the writ petition. More so, the rights and liberties of the petitioner in relation to the 3rd party now in office of the Trust can be got established before the Civil Court of competent jurisdiction and it is open for the petitioner to cause production of the relevant documents from the concerned source, if so advised, by taking necessary process. It is also open for the petitioner to summon the officers concerned as witnesses to substantiate the case. In the above circumstances, this Court does not find this writ petition as fit case to be dealt with, by invoking the discretionary powers under Article 226 of the Constitution of India. Interference is declined. This writ petition is dismissed, however without prejudice to the right of the petitioner to pursue other appropriate remedy as mentioned above. sd/- P.R. RAMACHANDRA MENON, JUDGE. rv W.P.(C). No.26240/2011 -:3:-