IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 12064 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- 1. SHAJAHAN,S/O.MOHAMMED HANEEFA, PRESIDENT,MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL SOCIETY,KEEZHATTINGAL,KEEZHATTINGAL VILLAGE, ATTINGAL,THIRUVANANTHAPURAM DISTRICT. 2. SAJAN SUDEVAN,PRINCIPAL,MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL SOCIETY, KEEZHATTINGAL,KEEZHATTINGAL VILLAGE, ATTINGAL,THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S): -------------------- 1. BRANCH MANAGER, INDIAN OVERSEAS BANK,KEEZHATTINGAL BRANCH,KEEZHATTINGAL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN 695 101. 2. SMT.SREELATHA,W/O.SUDHIN, PADIPPHRAYIL HOUSE,KEEZHATTINGAL,ATTINGAL, THIRUVANANTHAPURAM ,PIN 695 101. 3. SURESH KUMAR MISHAL,KARICHIYIL, ATTINGAL,THIRUVANANTHAPURAM 695 101. R1 BY ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK R2 & 3 BY ADV. SRI.JOHN K.GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 12064/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT AND COMPROMISE IN O.P. NO.84/2004 ON THE FILE OF THE DISTRICT COURT, THIRUVANANTHAPURAM. P2: COPY OF THE RESOLUTION PASSED BY THE SCHOOL SOCIETY. P3: COPY OF THE RELEVANT PAGES OF THE SCHOOL PASSBOOK MAINTAINED AND POSSESSED BY THE PETTIONERS. P4: COPY OF THE COMPROMISE AND JUDGMENT IN O.S. NO.165/2010. P5: COPY OF THE JUDGMENT IN WPC.NO.28447/2010. P6: COPY OF THE PLAINT IN O.S. NO.371/2010 ON THE FILE OF THE SUB COURT, ATTINGAL. P7: COPY OF THE OBJECTION IN O.S. NO.371/2010 ON THE FILE OF THE SUB COURT, ATTINGAL FILED BY THE PETITIONERS AND OTHER PERMANENT MEMBERS. P8: COPY OF THE WRITTEN STATEMENT IN O.S. NO.371/2010 ON THE FILE OF THE SUB COURT, ATTINGAL FILED BY THE PETITIONERS AND OTHER PERMANENT MEMBERS. RESPONDENT'S EXHIBITS: R3(a):COPY OF THE RESOLUTION DATED 02/08/2010. /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 12064 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The petitioners have approached this Court with following prayers : i. Issue a writ of mandamus or other appropriate writ, order or direction compelling the 1st respondent not to release the amount in Ext. P3 the school account (Mother India International Residential Public School, Keezhattingal, Attingal) in favour of the respondents 2 and 3 unitl respondents 2 and 3 obtained a favourable order in this regard from O.S. No. 371 of 2010 on thefile of the Sub Court, Attingal or from any other court of law; ii. Direct the respondents to consider and dispose Ext. P10 representation filed by the petitioners within a time limit prescribed by the Hon'ble Court. iii. Press such other order or direction as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case. And iv. Award the cost of the Writ Petition to the petitioners from the respondents. 2. When the matter came up for consideration on 12.04.2011, the following interim order was passed. “Urgent notice on admission by speed post. It is brought to the notice of this Court that O.S. No. 371 of 2010 preferred by the 2nd and 3rd respondents herein as plaintiffs is pending consideration before the Sub Court, W.P. (C) No. 12064 of 2011 : 2 : Attingal and that no interim order has been granted by the civil court with regard to the release of the amount by the bank. In the said circumstance, it is made clear that, disbursement of the amount to the account of the second and third respondents shall be kept in abeyance for a period of two months, unless otherwise permitted by the civil court in the proceedings, which are stated as pending”. Pursuant to the urgent notice on admission ordered, the respondents 2 and 3 entered appearance and filed statement pointing out the facts and figures. 3. The petitioners had approached this Court by filing W.P(C) No. 28447 of 2010, challenging the proceedings of the first respondent, wherein Ext. P5 verdict was passed by this Court directing the petitioners therein to approach the competent Civil Court, so as to pursue their remedies. It is also stated that, respondents 2 and 3 have approached the concerned Civil Court by filing O.S. No. 371 of 2010, as borne by Ext. P6, for appropriate reliefs as noted below: (A) A Decree may be passed declaring the plaintiff's independent right, title and right to manage the plaint schedule School - MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL, Keehattingal. (B) A Decree of permanent prohibitory injunction be passed against the defendant from interfering with the management of Mother India International Residential Public School, by the plaintiffs and also restrain them from discharging any function W.P. (C) No. 12064 of 2011 : 3 : of the Society and the School, in any capacity they claim. (C) All cost of this suit may be allowed to realize from the defendants and their assets. (D) Such other reliefs which the Honourable Court may deem fit and proper for disposal of this suit. 4. Considering the facts and circumstances, this Court finds that the issue involved in this case is purely a civil dispute and the same has to be dealt with by the competent Civil Court, more so, when a civil suit connected with the same issue is already pending. In the said circumstances the Writ Petition is disposed of, relegating the petitioners to approach the Civil Court for appropriate relief. So as to enable the petitioner to pursue such remedy 'status quo' as on today shall be maintained for a period of one month. P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge