IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19810 of 2009(O) -------------------------- AGAINST THE ORDER IN IA.3519/2009 of PRINCIPAL SUB COURT,TRIVANDRUM .................... PETITIONER(S): ------------------------- 1. LAKSHMI, W/O.AYYAPPAN ACHARI, AGED 46 YEARS, AYYAPPA NIVAS, KEDAVATHUVILA, PALACHIRA PO, VARKALA. 2. BABY SULATHA. B., W/O. SASIDHARAN , AGED 47 YEARS, HEADMISTRESS, SARADAGIRI S.N.E.M.H.S., VARKALA PO., TRIVANDRUM. 3. BINU.M W/O. SHAJI, AGED 46 YEARS, HIGH SCHOOL ASSISTANT, SARADAGIRI S.N.E.M.H.S., VARKALA PO., TRIVANDRUM RESIDING AT ARSHA BHADRA, GANDHIPURAM, SREEKARYAM, TRIVANDRUM. BY ADVS. MR.M.BALAGOVINDAN, MR.T.K.ANANDA PADMANABHAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, TRIVANDRUM. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE D.E.O. ATTINGAL, TRIVANDRUM. 3. DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DPI JAGATHY, TRIVANDRUM. 4. SN ENGLISH MEDIUM HIGH SCHOOL, SARADAGIRI, VARKALA REPRESENTED BY ITS MANAGER, VARKALA, TRIVANDRUM. Kss ..2/- ...2..... WPC.NO.19810/2009 O 5. S.N.V.WOMEN'S ASSOCIATION TRUST, REPRESENTED BY ITS SECRETARY, OFFICE OF THE S.N.V.WOMEN'S ASSOCIATION, BAKERY JUNCTION, PALAYAM PO, TRIVANDRUM-34. 6. K.P.ANITHA, AGED 72 YEARS, HONORARY SERETARY,S.N.V.WOMEN'S ASSOCIATION, BAKERY JUNCTION, PALAYAM PO, TRIVANDRUM-34. 7. SMT. SARADAMMA, AGED ABOUT 73 YEARS, ADMINISTRATIVE OFFICE, SREE NARAYANA ENGLISH MEDIUM HIGH SCHOOL, SARADAGIRI, VARKALA, TRIVANDRUM. BY GOVERNMENT PLEADER MR. P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.19810 OF 2009 -------------------------- Dated this the 15th day of July 2009 ------------------------------------- JUDGMENT The petitioners moved an application before the Sub Court, Trivandrum seeking permission to institute a suit under section 92 of Code of Civil Procedure. Initially leave was tentatively granted but later on the same day suomotu that order was renewed holding that only the Principal Civil Court of original jurisdiction can grant permission to accord leave to institute the suit under Section 92 of Code of Civil Procedure. Propriety and correctness of that order is impeached by the petitioners in this petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. W.P.(C).No.19810 OF 2009 2 2. I heard the learned counsel for the petitioners. Since no notice on the application for leave had been issued by the court below I find notice to the respondents is not necessary, and it is dispensed with. The learned counsel for the petitioner inviting my attention to the notification published by the Government G.O (MS) 384/66dated 24/10/1966 published in the gazette dated 01/11/1966 submitted that Sub court is also having concurrent jurisdiction to grant leave and entertain a suit under Section 92 of Code of Civil Procedure within their jurisdiction. Having regard to the words used in Sub Section (1) of Section 92 that the suits under Section 92 of Code of Civil Procedure can be instituted “ in the Principal Civil Court of original jurisdiction or in any other court empowered in that behalf by the state Govt. within the local limits of whose jurisdiction W.P.(C).No.19810 OF 2009 3 the whole or any part of the subject matter of the trust is situate to obtain a decree” I find the submission of the learned counsel for the petitioner is well founded, and a reconsideration of the matter by the learned Sub Judge is called for. So much so the declining of leave under the impugned order passed by the learned Sub Judge is set aside, who is directed to consider the matter fresh. Petitioner shall produce a copy of the notification referred above before the court to enable the court to pass appropriate orders in accordance with law. The writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv