IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 1973 of 2008(I) ------------------------- OS.176/2006 of ADDL.MUNSIFF COURT-II,KOZHIKODE .................... PETITIONER: ------------ A.M.ABDULLA, S/O.CHERIYA KUTTY HASSA, AGED 57, AREPETTA MANNIL HOUSE, KODIYATHUR AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ---------------- 1. THE HEAD MISTRESS OF GMUP SCHOOL, KODIYATHOOR, KODIYATHOOR AMSOM AND DESOM OF KOZHIKODE TALUK. 2. THE PARENTS AND TEACHERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT K.T.ABDURAHIMAN, S/O.AVARANKUTTY, AGED 43, KILIKOT HOUSE, KODIYATHUR AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.P.J.JOSEPH SRI.SUNIL KUMAR A.G THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.1973/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PLAINT DT.6.4.06 IN OS.176/06 ON THE FILE OF THE MUNSIFF COURTII(A), KOZHIKODE. EXT.P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT IN OS.176/06 ON THE FLE OF THE MUNSIFF COURT II(A), KOZHIKODE. EXT.P3: TRUE COPY OF THE ORDER DT.25.6.07 IN OS.176/06 ON THE FILE OF THE 2ND ADDITIONAL MUNSIFF COURT, KOZHIKODE. TRUE COPY M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 1973 OF 2008 --------------------- Dated this the 4thday of February, 2008 JUDGMENT This writ petition is preferred with a prayer to the Additional Munsiff, Kozhikode, to consider afresh the question of maintainability of OS 176/06 pending before that court as a preliminary issue. By the impugned order, the challenge made therein was regarding the maintainability of the suit under Order XXVII Rule 1 of the CPC and also under Rule 20 of the Kerala Education Rules. 2. The respondents enter appearance today and informed me that the matter is in the trial stage. I think a detailed consideration of these objections is called for and therefore direct the learned Munsiff to consider the question of maintainability of the suit on these two grounds as well, at the final disposal of the case along with other issues involved in the matter. So, I make it clear that the finding rendered into at this stage will not preclude the Munsiff from considering those issues afresh, after hearing both sides. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps