IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 19146 of 2011(P) -------------------------- PETITIONER: --------------- P.S.SASIKUMAR, AGED 44 YEARS, S/O.SIVAN NAIR, NO.38, ADARSHA, VIDYUTH NAGAR, VADAKKANATHARA, PALAKKAD-678012. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001. 5. C.A.HIGH SCHOOL, PERUVAMBA, PALAKKAD, REPRESENTED BY ITS MANAGER-678002. 6. SHRI.K.SUDEVAN, MANAGER, C.A.HIGH SCHOOL PERUVAMBA, RESIDING AT 'GURUKULAM', PERUVAMBA POST, PALAKKAD-678002. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.19146/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF AGREEMENT DT.8.8.08 BETWEEN THE PETITIONER AND 6TH RESPONDENT. EXT.P2: TRUE COPY OF PLAINT IN O.S.No.452/10 DT.24.6.10. EXT.P3: TRUE COPY OF LETTER SUBMITTED TO THE 3RD RESPONDENT DT.26.7.10. EXT.P3(A): TRUE COPY OF ACKNOWLEDGEMENT CARDS RECEIVED FROM RESPONDENTS 2 TO 4. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.19146 Of 2011-P -------------------------------------------------- DATED THIS THE 14TH DAY OF JULY, 2011 J U D G M E N T The petitioner has approached this Court seeking for a direction not to approve any appointments made by the 6th respondent, the Manager of a school. 2. The main contention raised by the petitioner is that there is an agreement of sale between the parties(Exhibit P1) wherein there is a clause in paragraph No.4 to the effect that the 6th respondent shall not make any appointment in the school. It is pointed out that there was a dispute between the 6th respondent and two other members of the family, which was the subject matter of W.P.(C)No.8257/2009 and it was allowed in his favour. 3. Evidently, going by the averments in the Writ Petition, the petitioner has approached the civil court seeking specific performance of the agreement in O.S.No.452/2010. As on today, the petitioner is a litigant before the civil court as a plaintiff seeking a decree to enforce the agreement. As far as the W.P.(C)No.19146/11 -2- proposed appointments are concerned, the learned counsel for the petitioner submitted that in the light of the agreement, the Educational Officers may be directed not to approve any appointment. Evidently, seeking for a specific performance of the agreement, the petitioner has approached the civil court. In that view of the matter the Writ Petition is not maintainable and the same is dismissed. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn