IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 17036 of 2010(S) -------------------------- PETITIONER: -------------- T.SALMA BEEVI, D/O.A.THANGAL KUNJU MUSALIAR, RESIDING AT NO.20, MUSALIAR NAGAR, KILIKOLLOOR P.O., KOLLAM-691 004. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP RESPONDENTS: ---------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETATRY TO HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION, FORT, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, THYCAUD, THIRUVANANTHAPURAM. 5. THANGAL KUNJU MUSALIAR COLLEGE TRUST, REPRESENTED BY ITS SECRETARY, 36, MUSALIAR NAGAR, KOLLAM-691 004. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R2 TO R4 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.P.(C) No.17036 of 2010 ------------------------------------------ Dated this the 25th day of June, 2010 JUDGMENT J.Chelameswar, C.J. The instant writ petition is filed with the prayers as follows: “(i) issue a writ in the nature of mandamus directing respondents 1 to 4 to consider Exts.P2, P3, P4 and P5 on merit expeditiously after affording to the petitioner and others interested a reasonable opportunity of being heard. (ii) issue a writ in the nature of mandamus directing respondents 1 to 4 not to approve the admissions made in the management quota and also appointments in the educational institutions without constituting a proper Trust Board; (iii) issue a writ in the nature of mandamus directing respondents 1 to 4 to delve deep into the affairs of the institutions of the Trust and de-recognise and disaffiliate them in case a proper Trust Board is not constituted; and WP(C) No.17036 of 2010 - 2 - (iv) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case.” 2. The writ petition itself is purported to have been filed in public interest complaining of mismanagement and maladministration of certain educational institutions run by the 5th respondent Trust. The substance of the petition is that as per the Trust Deed by which the 5th respondent is brought into existence, the affairs of the Trust are required to be conducted by a Board of Trustees and the composition of the Trust is specified in the Trust Deed. For example, according to the petitioner, there should be an elected representative of the individuals who had made financial contributions of Rs.10000/- and above to the Trust. The allegation is that there is no such representative in the managing committee of the Trust. It is also an allegation that according to the Trust Deed, there should be a representative of the Kerala Wakf Board, and even such a representative is not included in the managing committee of the Trust. Whatever be the correctness of the allegations, we are of the opinion that this is a matter which is eminently fit for examination by a competent civil court. Section 92 of the Code of WP(C) No.17036 of 2010 - 3 - Civil Procedure expressly recognizes the right of public spirited citizens to institute such a suit and to seek appropriate reliefs. 3. An examination of the various allegations made in the writ petition makes us to believe that to arrive at a correct conclusion on the basis of the allegations and to grant or decline any relief as sought for in the writ petition would necessarily requires this Court to take evidence. In the circumstances, we are of the opinion that the instant public interest litigation is wholly misconceived. The writ petitioner has adequate, efficacious and time tested remedy by way of suit under Section 92 of the Code of Civil Procedure. The writ petition is therefore dismissed at the admission stage with liberty to the petitioner to pursue the remedy under Section 92 of the Code of Civil Procedure. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns