IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 22156 of 2011(T) ------------------------------------ PETITIONER(S): ---------------------- 1. KERALA HANDICAPPED WELFARE ASSOCIATION, REPRESENTED BY ITS SECRETARY, KADAR NATTIKA, AYYAPPAMPARAMBIL HOUSE, PERINGOTTUKARA, KIZHAKKUMURI P.O., THRISSUR DISTRICT-680571. 2. KADAR NATTIKA, S/O.KUNJUMON, AYYAPPAMPARAMBIL HOUSE, PERINGOTTUKARA, KIZHAKKUMURI P.O., THRISSUR DISTRICT-680571. BY ADVS. SRI.K.N.CHANDRABABU SRI.P.R.SHAJI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2. PRINCIPAL SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 . 3. DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOL, THRISSUR DISTRICT, PIN - 695001. 4. PRINCIPAL, GOVERNMENT MEDICAL COLLEGE THRISSUR, THRISSUR DISTRICT, PIN - 680001. 5. DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695001. BY SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.22156/2011 APPENDIX PETITIONER'S EXHIBITS : EXHIBIT P1 : COPY OF THE REPRESENTATION - DATED 06.11.2008 SUBMITTED BY THE 1ST PETITIONER ASSOCIATION BEFORE THE 3RD RESPONDENT. EXHIBIT P2 : COPY OF THE COMMUNICATION WITH NUMBER NO.C3 72211/08/LDS DATED 17.02.2009. EXHIBIT P3 : COPY OF THE REPRESENTATION DATED 22.03.2011 SUBMITTED BEFORE THE DISTRICT COLLECTOR, THRISSUR. EXHIBIT P4 : COPY OF THE REPRESENTATION DATED 22.03.2011 SUBMITTED BEFORE THE PRINCIPAL OF THE GOVERNMENT MEDICAL COLLEGE THRISSUR. EXHIBIT P5 : COPY OF THE POSTAL ACKNOWLEDGEMENT DUE, ACKNOWLEDGING THE RECEIPT OF THE REPRESENTATION BY THE 3RD RESPONDENT. EXHIBIT P6 : COPY OF THE POSTAL ACKNOWLEDGEMENT DUE, ACKNOWLEDGING THE RECEIPT OF THE REPRESENTATION BY THE 4TH RESPONDENT. EXHIBIT P7 : COPY OF THE GO NO.556/2005/SWD DATED 29.10.2005. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 22156 OF 2011 ----------------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T Petitioner claims to be the Secretary of an organization working for the betterment of the Physically handicapped persons. They made an application to the 3rd respondent for allotment of space within the premises of the Medical College, Thrissur for business purposes. That request of the petitioner was considered and Ext.P2 reply was issued by the 3rd respondent stating that in view of the order issued by the Director of Medical Education prohibiting allotment of space within the premises of the Medical College for business purposes, the request cannot be considered. On receipt of Ext.P2 the petitioners made Exts.P3 and P4 representations to respondents 3 and 4. It is thereafter this writ petition has been filed, mainly relying on Ext.P7 Government Order dated 29.10.2005 and seeking an order for consideration of Exts.P3 and P4. W.P.(C) No. 22156 OF 2011 :2 : 2. I heard the counsel for the petitioner and also the learned Government Pleader appearing for respondents. As already seen, Ext.P2 order was issued by the 3rd respondent relying on the order of the Director of Medical Education. Even according to the counsel for the petitioner, what is relied on is a Circular issued by the Director of Medical Education and that the said Circular is dated 25.10.2008. Irrespective of issuance of Ext.P7 dated 29.10.2005, so long as the aforesaid Circular of the Director of Medical Education dated 25.10.2008 governing the allotment of space within the premises of Medical College is in force, respondents 3 and 4 are bound by the said Circular. In such circumstances I am not persuaded to think that in view of Ext.P7, the view taken by the 3rd respondent in Ext.P2 is erroneous. 3. Therefore what the petitioner should have done was to move the Director of Medical Education for W.P.(C) No. 22156 OF 2011 :3 : variation of the Circular dated 25.10.2008 and only thereafter can the petitioner seek any relief from respondents 3 and 4. 4. Therefore leaving it open to the petitioner to move the 5th respondent, for variation of the Circular dated 25.10.2008 relied on in Ext.P2, this writ petition is disposed of. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge