IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 14394 of 2008(L) -------------------------- PETITIONER: ------------ 1. TELSY GEORGE, AGED 14 YEARS, (MINOR), D/O.GEORGE M.J., REPRESENTED BY FATHER AND NATURAL GUARDIAN GEORGE M.J., AGED 45 YEARS, MADATHIKUNNEL HOUSE, KARAKKAMALA P.O., MANANTHAVADY. 2. AMRUTHA ANAND P., AGED 14 YEARS, (MINOR) D/O.USHA, REPRESENTED BY MOTHER AND NATURAL GUARDIAN USHA SADANANDAN, AGED 40 YEARS, ANANDAN MANDIRAM, KAMMANA P.O.,MANANTHAVADY. 3. HONEY THANKACHAN, AGED 14 YEARS, (MINOR) D/O.JANCY THANKACHAN,REPRESENTED BY FATHER AND NATURAL GUARDIAN JANCY THANKACHAN,,THOPPIL HOUSE, MUNDAKUTTY P.O.,MANANTHAVADY. 4. TANIYA JOSEPH, AGED 14 YEARS, (MINOR), D/O.MOLLY JOSE, W/O.JOSEPH NELLIKUNNEL HOUSE, NALLURANAD P.O., DWARAKA,MANANTHAVADY. 5. CHRISTINA GEORGE,AGED 14 YEARS, (MINOR) D/O.GEORGE K.P.,REPRESENTED BY FATHER AND NATURAL GUARDIAN GEORGE K.P, AGED 41 YEARS, KURISUMMOOTIL HOUSE, NALLURANAD P.O., DWARAKA,MANANTHAVADY. 6. AMRUTHA K.P.,AGED 14 YEARS, (MINOR), D/O.VASUDEVAN K.P., REPRESENTED BY FATHER AND NATURAL GUARDIAN VASUDEVAN K.P, KAYALULLA PARAMBATHU HOUSE, ANJUKUNNU P.O.,PANAMARAM. 7. AGNES BABY,AGED 14 YEARS, (MINOR), D/O.CHINNAMMA P.J., REP. BY NATURAL GUARDIAN AND MOTHER CHINNAMMA P.J, AGED 47 YEARS, W/O.BABY C.J., CHOORANOLIKKAL HOUSE, THONICHAL, NALLURANADU P.O.,MANANTHAPVADY TALUK. BY ADV. SRI.M.VIJAYAKUMAR RESPONDENTS: ------------- 1. THE GENERAL CONVENOR, DISTRICT SCHOOL KAALOLSAVAM PROGRAMME COMMITTEE, WAYANAD ORPHANAGE V.H.S.SCHOOL,MUTTIL P.O. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTAPURAM (GENERAL CONVENOR OF STATE SCHOOL KAALOLSAVAM). 3. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, WAYANAD. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.14394 of 2008 ================== Dated this the 4th day of June, 2008 J U D G M E N T The petitioners were aspirants to take part in the State School Youth Festival conducted on 10.1.2008. The petitioners were not permitted to participate. The petitioners filed a suit as O.S.No.11/2008 before the Sub Court, Sulthan Bathery, in which the petitioners obtained an interim order directing the respondents to permit the petitioners to participate in the competition in the State Kalolsavam to be held on 10.1.2008 at V.H.S.S. Kollam. Pursuant to the same, the petitioners participated in the event. Now the petitioners have filed this writ petition for a direction to the respondents to declare the results of Margamkali competition in which the petitioners participated and to grant grace marks to the participants as per the norms applicable. When it was pointed out to the counsel for the petitioners that since the petitioners participated in the event as per the order of the Civil Court, the petitioners should move the Civil Court itself for the relief prayed for in this writ petition, the w.p.c.14394/08 2 learned counsel for the petitioners sought time to get instructions in the matter. Today he submits that the suit was dismissed as infructuous since the petitioners were allowed to participate in the event. But when the suit itself is dismissed, then the interim order would also go and they lose the benefit of the participation in the event as per the interim order. That being so, the remedy of the petitioners lies in filing appropriate petition in the Civil Court for reviewing its earlier judgment dismissing the suit as infructuous and getting the relief now prayed for in this writ petition also if they are entitled to the same. Therefore, without prejudice to such right of the petitioners, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.14394/08 3