IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 W.P(C).No. 16172 of 2008(A) ---------------------------------- PETITIONER: --------------- P.G.SASIKALA, W/O.G.CHANDRASEKHARAN PILLAI, AGED ABOUT 54 YEARS, RESIDING AT CHAKKALATH HOUSE, PANNIVIZHA, ADOOR, PATHANAMTHITTA DIST. BY ADV. SRI.K.N.VENUGOPALA PANICKER RESPONDENTS: ----------------- 1. KERALA STATE HOUSING BOARD, PATHANAMTHITTA DIVISION, THIRUVALLA, REPRESENTED BY ASSISTANT SECRETARY. 2. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, FINANCE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT TREASURY OFFICER, PATHANAMTHITTA. 4. SUB TREASURY OFFICER, SUB TREASURY, KUMBANADU, PATHANAMTHITTA. 5. HARIKUMAR @ HARIBRAHMANANDA SWAMI, HARIMANDIRAM, KOZHUVALLOOR, CHENGANNOOR. BY ADV. POOVAPPALLY M. RAMACHANDRAN NAIR, SC, R1 GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16172 OF 2008 A ==================== Dated this the 13th day of June, 2008 J U D G M E N T Petitioner submits that she is the Principal of a Government Higher Secondary School. It is stated that during 1999, while she was working as teacher at Adoor, she happened to meet one Sri.Harikumar of Hari Mandiram, the 5th respondent herein. According to her, the 5th respondent had claimed that he is a divine person and an exponent of astrology. Impressed by the tall claims of the 5th respondent, petitioner apparently became his disciple and it is stated that the petitioner happened to give her salary certificate to him. It is stated that subsequently, petitioner came to know that she has been made a surety to a loan availed of by the 5th respondent from the 1st respondent and now recovery proceedings are initiated. It is challenging the recovery proceedings as one vitiated by fraud, this writ petition has been filed. 2. In my view, this is not an issue which can be resolved in a writ petition. If the petitioner has been defrauded by the 5th respondent by misusing her salary certificate, that question of fact can be established only in a regularly constituted civil suit and not in a writ petition. WPC 16172/08 :2 : I am not inclined to entertain this writ petition and without prejudice to the contentions, writ petition will stand disposed of. ANTONY DOMINIC,JUDGE. Rp