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. 29752 of 2011(T) -------------------------- PETITIONER(S): ------------- 1. MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, REPRESENTED BY PRESIDENT RADHAKRISHNAN, RESIDING AT SWATHI SURA, KOLLAN PUZHA, ATTINGAL,THIRUVANANTHAPURAM DISTRICT 2. HENA, SECRETARY, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, W/O.SUPRAN, VIPANCHIKA, KEEZHATTINGAL VILLAGE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 3. SHAJAHAN, PERMANENT MEMBER, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, RESIDING AT AMINAS, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. 4. NISA BASHEER, PERMANENT MEMBER, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, RESIDING AT MANIYAN VILA BUNGLOW, VAKKOM, THIRUVANANTHAPURAM DISTRICT. 5. SABITHA AZEEZ, PERMANENT MEMBER, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, RESIDING AT SOUHRADA, VELANKONAM, ATTINGAL. 6. ASOKAN, PERMANENT MEMBER, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, RESIDING AT ASOK NIVAS, VILAYILMOOLA, KEEZHATTINGAL, KEEZHATTINGAL VILLAGE. 7. SAJAN SUDEVAN, PRINCIPAL, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, KEEZHATTINGAL, ATTINGAL. 8. VENKETERAMAN, FORMER PRINCIPAL, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, RESIDING AT VALIYASALA GRAMOM, THYCAUD VILLAGE, THIRUVANANTHAPURAM DISTRICT. AV WPC.NO.29752/2011 9. RAVEENDRAN NAIR, FORMER PRINCIPAL, MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, RESIDING AT KRISHNAGIRI KODUMON, ATTINGAL. BY ADVS.SRI.P.K.MUHAMMED SMT.S.VIJI RESPONDENT(S): ------------- 1. SREELATHA, W/O.SUDIN, PADIPPURAYIL, KEEZHATTINGAL.P.O., PIN-695 306, ATTINGAL. LIBRARIAN AND POWER OF ATTORNEY HOLDER OF SUDIN, PERMANENT MEMBER OF MOTHER INDIA INTERNATIONAL PUBLIC SCHOOL AND SOCIETY, PIN-695 101. 2. SURESHKUMAR, MISHEL, KARIKAYIL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. PIN-695 101. 3. THE BANKING OMBUDSMAN, C/O.RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM. PIN-695 001. 4. THE GENERAL MANAGER, DEPARTMENT OF BANKING SUPERVISION, RESERVE BANK OF INDIA, THIRUVANANTHAPURAM-695 001. 5. THE BRANCH MANAGER, INDIAN OVERSEAS BANK, KEEZHATTINGAL BRANCH, ATTINGAL.695 306. R5 BY ADV.SRI.LEO GEORGE,SC,INDIAN OVERSEAS BANK 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.29752/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : COPY OF THE RELEVANT PAGES OF PASS BOOK OF THE MOTHER INDIA PUBLIC SCHOOL. EXT.P2 : COPY OF THE COMPROMISE AND JUDGMENT IN OP.NO.84/2004 ON THE FILE OF IST ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM. EXT.P3 : COPY OF THE DECISION TAKEN BY MOTHER INDIA SCHOOL SOCIETY DATED 2.4.2009. EXT.P4 : COPY OF THE RESOLUTION ADDRESSED TO 5TH RESPONDENT BY MOTHER INDIA SCHOOL SOCIETY DATED 20.5.2009. EXT.P5 : COPY OF THE COMPROMISE IN O.S.NO.165/2010 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL. EXT.P6 : COPY OF THE JUDGMENT IN W.P.(C)NO.37658/2004 DATED 5.1.2005. EXT.P7 : COPY OF THE PLAINT IN O.S.NO.371/2010 ON THE FILE OF SUB COURT, ATTINGAL. EXT.P8 : COPY OF THE WRITTEN STATEMENT IN O.S.NO.371/2010 ON THE FILE OF THE SUB COURT, ATTINGAL. EXT.P9 : COPY OF THE JUDGMENT IN W.P(C)NO.12064/2011 OF THE HON'BLE HIGH COURT. EXT.P10: COPY OF THE PETITION FILED BY THE IST PETITIONER IN O.S.NO.371/2010 ON THE FILE OF SUB COURT, ATTINGAL. EXT.P11: COPY OF THE JUDGMENT IN WRIT APPEAL NO.1243/2011 OF THE HON'BLE HIGH COURT. EXT.P12: COPY OF THE W.P(C)NO.11470/2011 OF THE HON'BLE HIGH COURT. EXT.P13: COPY OF THE JUDGMENT IN W.P.(C)NO.11470/2011 OF THE HON'BLE HIGH COURT. EXT.P14: COPY OF THE LETTER ISSUED FROM 4TH RESPONDENT TO THE IST PETITIONER. EXT.P15: COPY OF THE COMPLAINT FILED BY IST RESPONDENT DATED 25.9.2010. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29752 of 2011 T ``````````````````````````````````````````````````````````` Dated this the 9th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners seek to quash Ext.P15. Ext.P15 is a complaint filed by the first respondent before the third respondent, which is forwarded and is pending before the fourth respondent. In my view, this remedy cannot be granted in a writ petition and if the fourth respondent takes a decision, which is illegal for any reason, it is only at that stage the petitioners can approach this Court. 2. However, petitioners submit that, though notice on the complaint has been issued, documents that are relied on against the petitioners are not furnished. In a proceedings to which the petitioners are also parties, if any material is relied on against them, natural justice requires that the contents of the same should be disclosed to the affected parties so that they can meet the contentions against them. W.P.(C) No.29752/2011 : 2 : 3. Therefore, if any document is relied on against the petitioners, it is always open to the petitioners to approach the fourth respondent, who, thereupon, shall disclose the contents thereof to the petitioners. Clarifying the position as above and leaving it open to the petitioners to contest the matter before the fourth respondent, this writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/11 // True Copy // P.A. To Judge