IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 31000 of 2008(S) --------------------------------------- PETITIONER: ------------------- UDYOGAMANDAL SASI, T.M.DANCE ACADEMY, REG.NO.797/81,T.C.27/525(2),VANCHIYOOR.P.O, THAMBURANMUKKU, TRIVANDRUM-35. BY ADVS. SMT. S. KARTHIKA, RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP.BY ITS SECRETARY TO GOVT.OF INDIA, MINISTRY OF CULTURE, SASTHRI BHAVAN, RAJENDRAPRASAD ROAD, SASTRI BHAVAN, NEW DELHI-1. 2. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT., DEPARTMENT OF CULTURAL AFFAIRS, GOVT. SECRETARIAT, TRIVANDRUM. 3. KENDRA SANGEETHA NATAKA ACADEMY, RAVEENDRA BHAVAN, FIROSSHA ROAD, NEW DELHI-110001. 4. KERALA SANGEETHA NATAKA ACADEMY, THRISSUR. *ADDL.R5. S. SRINIVASAN. I.A.S. (RETD), SECRETARY, MARGI, NEAR FORT HIGH SCHOOL, FORT.P.O., THIRUVANANTHAPURAM - 695 023. *IS IMPLEADED AS ADDL.5TH RESPONDENT AS PER ORDER DT. 12/12/2008 IN I.A. 15917/08 IN W.P.(C).NO.31000/2008. W.P.(C). NO.31000/2008-S: **ADDL.R6. E. GIRIJA SANKAR, SECRETARY, SANDARSAN KATHAKALI VIDYALAYAM, SOUTHERN GATE, AMBALAPUZHA EAST.P.O., ALAPPUZHA DISTRICT. **IS IMPLEADED AS ADDL. R6. AS PER ORDER DATED 08/01/2009 IN I.A. NO. 16378/2008. ***ADDL.R7. SOORYA STAGE AND FILM SOCIETY, CHAITHANYA, NEAR GOVERNMENT GUEST HOUSE, THYCAUD.P.O., THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY, N. KRISHNAMOORTHY @ SOORYA KRISHNAMOORTHY. *** IS IMPLEADED AS ADDL. R6 AS PER ORDER DATED 08/01/2009 IN I.A. NO. 14/2009. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. R4 BY ADV. SRI. M. M. MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31000/2008-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PAMPHLET CONTAINING THE BRIEF DESCRIPTION OF THE ACTIVITIES OF THAT INSTITUTION. EXT.P.2: COPY OF THE JUDGMENT DTD. 18/11/91 IN O.P. 11380/90. EXT.P.3: COPY OF THE REPRESENTATION DTD. 25/02/2007 SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION DTD. 01/02/2008 SUBMITTED BY THE PETITIONER. EXT.P.5: COPY OF THE EMASEMENT OF WEALTH BY 13 INFLUENTIAL ORGANISATIONS FROM THE CENTRAL AND STATE EXCHEQUER FUNCTIONING IN TRIVANDRUM DISTRICT. EXT.P.6: COPY OF THE INFORMATION IS AVAILABLE FROM THE WEB SITE. EXT.P.7: COPY OF THE COMMUNICATION DTD. 26/03/2008. EXT.P.8: COPY OF THE ORGANISATION FOR ART AND CULTURE BYE-LAWS. EXT.P.9: COPY OF THE PROJECT GIVING SPECIFIC DETAILS OF THE PROGRAMME AND THE ESTIMATED EXPENDITURE ALONG WITH THAT APPLICATION. EXT.P.10: COPY OF THE LETTER DTD. 09/05/2002 ISSUED BY THE CENTRAL GOVT. EXT.P.11: COPY OF THE APPLICATION FOR A BUILDING GRANT WITH ALL PARAMETER OF SUCH PROGRAMME WAS SUBMITTED BY THE PETITIONER ON 16/01/2008. EXT.P.12: COPY OF THE PERMIT DTD. 25/02/2008 ISSUED BY THE CORPORATION. EXT.P.13: COPY OF THE RECOMMENDATION DTD. 29/01/2008 MADE BY THE STATE GOVT. TO CENTRAL GOVT. EXT.P.14: COPY OF THE REPRESENTATION DTD. 23/04/2008. EXT.P.15: COPY OF THE INFORMATION DTD. 09/04/2008 ISSUED BY THE DISTRICT REGISTRAR. EXT.P.16: COPY OF THE ADVERTISEMENT GIVEN BY SOORYA. W.P.(C). NO.31000/2008-S: EXT.P.17: COPY OF THE LETTER DTD. 15/12/2006 ISSUED BY THE KERALA STATE FILM DEVELOPMENT CORPORATION LTD. EXT.P.18: COPY OF THE CERTIFICATE RECEIVED BY THE PETITIONER DTD. 06/03/2007. EXT.P.19: COPY OF THE LETTER ALONG WITH PROJECT SUBMITTED BY THE PETITIONER BEFORE THE CENTRAL GOVT. DTD. 15/09/2008. EXT.P.20: COPY OF THE RECOMMENDATION DTD. 15/10/2008 ISSUED BY THE STATE GOVT. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE G.O. (RT).NO.126/05/CAD DTD. 29/03/1995 ISSUED BY THE GOVERNMENT. EXT.R5.B: COPY OF THE PROPOSALS SUBMITTED BY THE SECRETARY OF MARGI FOR THE KALIYOGAM PROJECT ISSUED BY THE R.5. TO THE COMMISSIONER & SECRETARY, TRIVANDRUM DTD. 21/06/1994. EXT.R5.C: COPY OF THE AUDITED OF ACCOUNTS OF THE INSTITUTE FOR THE YEAR 2005-2006 NO. LF.TD. MISC. 1/2124/06 DTD. 02/01/2007. EXT.R5.D: COPY OF THE INCOME AND EXPENDITURE ACCOUNTS FOR THE YEAR 2006- 2007 NO.LF.TD MISC.1/2155/2007 DTD. 14/01/2008. EXT.R5.E: COPY OF THE INCOME AND EXPENDITURE ACCOUNTS FOR THE YEAR 2006 NO. PKS/190/06/MARGI DTD. 26/06/2006 ISSUED BY THE CHARTERED ACCOUNTANTS. EXT.R5.F: COPY OF THE INCOME AND EXPENDITURE ACCOUNTS FOR THE YEAR 2007 NO. PKS/566/07/MARGI DTD. 30/06/2007 ISSUED BY THE CHARTERED ACCOUNTANTS. EXT.R5.G: COPY OF THE INCOME AND EXPENDITURE ACCOUNTS FOR THE YEAR 2008 NO. PIS/225/08/MAGI DTD. 10/06/2008 ISSUED BY THE CHARTERED ACCOUNTANTS. //TRUE COPY// P.A. TO JUDGE. prv. J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.P(C)No.31000 of 2008 ------------------------------------- Dated 8th January, 2009 JUDGMENT Koshy, Ag.C.J . This is a petition filed against the action of Central and State Governments in giving financial assistance to various organisations in an indiscriminate manner for promotion of art and culture. At paragraph 22 of the writ petition allegations are made against certain specific institutions, but, many of those institutions are not made parties to the writ petition. Petitioner wants to conduct enquiry with regard to those institutions. A writ petition cannot be filed without impleading necessary parties. Hence, this writ petition cannot be entertained as a public interest litigation, but, only as a private spite litigation. The writ petition is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks