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 THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25315 of 2010(S) -------------------------- PETITIONER: -------------- K.M.JOSEPH,S/O.MATHAI,AGED 68 YEARS, KULATHINAL-HOUSE,VELLIKKULANGARA VILLAGE & PO, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ----------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPT.GOVT. SECRETARIAT,THIRUVANANTHAPURAM-1. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. DEPUTY DIRECTOR OF EDUCATION,THRISSUR 680001. 4. DISTRICT EDUCATION OFFICER, IRINJALAKUDA,THRISSUR DISTRICT 680 121. 5. VIMALA HIGHER SECONDARY SCHOOL (VIMALA EDUCATIONAL SOCIETY),VELLIKKULANGARA PO, THRISSUR DIST., REP.BY ITS MANAGER 680 693. 6. VIMALA EDUCATIONAL SOCIETY, VELLIKKULANGARA PO,THRISSUR DISTRICT,REP.NY ITS PRESIDENT/VICE PRESIDENT 680001. R1 TO R4 BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25315 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2010 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayer as follows: “Issue a writ of mandamus or any other appropriate writ or direction directing the respondents 1 to 4 to consider Ext.P1 and take such action so as to ensure basic facilities for toilets, urinals with water facilities and computer lab facilities are provided 5th respondent's school.” 2. The writ petition is purportedly filed in public interest. The substance of the grievance in the writ petition is that the 5th respondent School run by the 6th respondent Society is not providing the necessary amenities such as toilet etc. to the students. In our view, the writ petition is required to be dismissed for more than one reason. The petitioner herein, on his own admission, is a former Managing Director of the 6th respondent Society. It is not very clear from the writ petition as to when he ceased to hold such responsibility. It is the 6th respondent Society which has the managerial control over the affairs of the 5th respondent School. In the background of the W.P.(C) No.25315 of 2010 -:2:- abovementioned facts, if really the 5th respondent is not providing necessary facilities required for the students, the petitioner himself must take up at least a part of the blame, in view of the fact that he himself was in the Board of management for some time earlier. Without explaining the role played by him when he was in the management, now he claims that there is a question of public interest which is required to be examined by this Court. We are of the opinion that the facts stated above are sufficient to demonstrate that the writ petition though purportedly filed in public interest, we suspect the bonafides of the petitioner. We therefore do not see any reason to entertain this writ petition. The same is dismissed at the admission stage. We are also conscious of the fact that though the petitioner's credentials to raise the issue are doubtful, the issue itself requires an examination. If there is any truth on the allegations made in the writ petition. The resultant situation would be lack of appropriate facilities to the children studying in the 5th respondent School. However, it is brought to our notice that there is another writ petition, W.P.(C) No.35485 of 2008, W.P.(C) No.25315 of 2010 -:3:- where the issue of the provisions of various amenities including toilets on various schools in the State of Kerala is pending consideration before this Court. Therefore, we are of the opinion that the dismissal of the instant writ petition would not in any manner prejudicially affect the larger public interest. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb