IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7646 of 2011(E) ------------------------- PETITIONER: --------------- A.K.SIVASANKARAN, AGED 58, S/O.ACHUTHAN, NADAPUNATHIL PARAMB, NEAR S.K.PARK, PUTHIYARA P.O., KOZHIKODE. BY ADV. MR. N.M.MADHU RESPONDENTS: --------------- 1. THE PRINCIPAL, KOZHIKODE MEDICAL COLLEGE, MEDICAL COLLEGE.P.O., KOZHIKODE - 18. 2. THE SUPERINTENDENT, KOZHIKODE MEDICAL COLLEGE, MEDICAL COLLEGE.P.O., KOZHIKODE - 18. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE - 673 020. 4. THE DIRECTOR, VIGILANCE & ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM - 695 001. BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 7646 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 11th day of March, 2011 JUDGMENT The petitioner has approached this Court with the following prayers: (i) To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to make a proper enquiry into the complaints of the petitioner regarding the unlawful sale of the waste papers including case sheets of Kozhikode Medical College and the misappropriation of the sale of price of thus obtained; (ii) To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to make good of the loss sustained by the petitioner in the event of a positive finding of misappropriation in any enquiry as sought for in relief number one above; (iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case; and (iv) Award cost of the proceedings. 2. The learned counsel for the petitioner submits that, because of the recalcitrant attitude of the respondent, much loss and hardships have been resulted to the petitioner, who could not lift the waste paper, which forms the subject matter of challenge in this writ petition. 3. Going by the pleadings and prayers, this Court finds that, the claim of the petitioner is more confined to the alleged loss sustained by the W.P. (C) No. 7646 of 2011 2 petitioner, which is sought to be compensated. This has necessarily to be agitated, if so aggrieved, by approaching the competent Civil Court, raising necessary pleading and prayers, adducing evidence and the matter has to be decided on merits, on the basis of the said pleadings and evidence, which cannot be sought to be attained by issuance of a writ of mandamus, invoking the discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, interference is declined and the Writ Petition is dismissed without prejudice to the rights and liberties of the petitioner as aforesaid. P. R. RAMACHANDRA MENON, JUDGE kmd