IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 20602 of 2009(U) PETITIONER(S): SWAMI GANGADHARANANDHA YOGI, PRESIDENT & MANAGER OF THE B.S.S.EDUCATIONAL SOCIETY, ALATHUR, PALAKKAD DISTRICT. BY ADVS. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR RESPONDENT(S): 1. THE DISTRICT EDUCATIONAL OFFICER,PALAKKAD. 2. K.S.SASIKUMAR, PERSONAL ASSISTANT TO THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. K.PADMADAS, SECRETARY, B.S.S.EDUCATIONAL AGENCY, ALATHUR, PALAKKAD DISTRICT. 4. VIJAYAN V.ANAND, PRINCIPAL (UNDER SUSPENSION), B.S.S.GURUKULAM, HIGHER SECONDARY SCHOOL, ALATHUR, PALAKKAD. ADDL.R5.SIDHASRAMAM ALATHUR, PALAKKAD DISTRICT REP. BY ITS SECRETARY, KANDAPPAN BABU, S/O. SANKARAN, AGED 46 YEARS. (ADDITIONAL 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 29.10.2009 IN I.A. NO. 10099/2009) ADV. SRI.N.RAGHURAJ FOR R3 SMT.K.AMMINIKUTTY FOR R3 SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R4 SRI.T.C.SURESH MENON FOR R4 SRI.JIBU P THOMAS FOR R4 SRI.P.S.APPU FOR R4 SRI.A.R.NIMOD FOR R4 SRI.C.A.ANOOP FOR R4 SRI.V.M.KRISHNAKUMAR FOR ADDL.R5 SMT.P.A.ANITHA FOR ADDL.R5 SRI.KRB.KAIMAL, SENIOR ADVOCATE FOR R2 SRI.B.UNNIKRISHNA KAIMAL FOR R2 GOVT. PLEADER SRI. T.K.VIPINDAS -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 20602/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the Rules and Regulations of the Brahmananda Swamy Sivayogi Educational Society dated 24.8.1984. Ext.P2: True copy of the order dated 24.7.2008 of the 1st respondent. Ext.P3: True copy of the show cause notice dated 3.6.2009 issued by the petitioner to the 4th respondent. Ext.P4: True copy of the order of suspension dated 10.6.2009 issued in favour of the 4th respondent. Ext.P5: True copy of the explanation dated 17.6.2009 submitted by the 4th respondent. Ext.P6: True copy of the complaint dated 18.6.2009 submitted by the petitioner before the Sub Inspector of Police, Alathur. Ext.P7: True copy of the FIR lodged against the 4th respondent. Ext.P7(a): True copy of the FIR lodged against the 4th respondent. Ext.P8: True copy of the amended bye-law of the society produced by the 4th respondent in W.P.(C) No.17997/2009 dated 6.4.2006. Ext.P9: True copy of the communication dated 6..4.2009 issued by the Public Information Officer & District Registrar, Palakkad. Ext.P10: True copy of the order dated 9.7.2009 issued by the 2nd respondent. RESPONDENTS' EXHIBITS: Ext.R4(a): True copy of the certificate of registration dated 28.8.1984 Ext.R4(b): True copy of the order of injunction dated 21.3.09. Ext.R4(c): True copy of the amended Rules and Regulations dated 8.5.1988. Ext.R4(d): True copy of the minutes of the general body meeting dated 8.5.1988. Ext.R4(e): True copy of the letter issued to the President of the Society dated 17.3.1988. Ext.R4(f): True copy of the certificate issued by the Commissioner of Income Tax, Kochi dated 11.7.1988. Ext.R4(g): True copy of the minutes of the meeting of the executive committee dated 19.6.2009. Ext.R4(h): True copy of the receipt of certificate of posting of the notices dated 12.6.2009. Ext.R4(i): True copy of the letter issued by the then President of the Society dated 5.5.2003. Ext.R4(j): True copy of the letter addressed by the Manager, B.S.S. Gurukulam Higher Secondary School, Alathur dated 10.7.2009. Ext.R4(k): True copy of the application for injunction in I.A. No. 900/2009 in O.S. No.196/2009 on the file of the Court of the Munsiff of Alathur dated 27.7.2009. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 20602 OF 2009 --------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed challenging Ext.P10 order passed by the first respondent. Learned counsel for the petitioner submits that the petitioner has already moved the Director of Public Instruction by way of an appeal and the appellate authority has also passed an interim order. In such circumstances, it is submitted that no further orders are necessary in this Writ Petition and it can be disposed of relegating the petitioner to pursue the statutory remedy already invoked by him. 2. Learned counsel for the party respondents submits that the appeal itself is not maintainable. That is a contention open to the parties to take up before the appellate authority. It is also submitted that there are orders passed by the civil court. Submissions on those aspects also can be made before the appellate authority. W.P.(C) NO. 20602/2009 2 Hence, without prejudice to the right of the parties as above, the Writ Petition is closed, relegating the petitioner to pursue the remedy already invoked by him. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 20602/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.20602/2009 JUDGMENT 29th October, 2009