IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8536 of 2009(O)

1. S.N.EDUCATIONAL & CULTURAL SOCIETY,

... Petitioner
2. PRINCIPAL,

Vs

1. S.N.VIDYABHAVAN SENIOR SECONDARY SCHOOL

... Respondent

2. SUNIL KUMAR, S/O. THEKKINIYEDATH

For Petitioner :SRI.T.A.SHAJI

For Respondent : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

Dated :17/03/2009

O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.8536 of 2009
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Dated this the 17th day of March, 2009

JUDGMENT

The defendants in O.S.No.569 of 2008 on the file of the

court of the Munsiff of Kodungallur have filed this Writ Petition

challenging the judgment in C.M.A.No.3 of 2009 on the file of

the court of the Principal Subordinate Judge, Irinjalakuda. The

suit was filed by the respondents for injunction restraining the

petitioners from realising fee from the students in excess of the

fee that was being collected for the year 2006-2007, without

consulting the Parent Teachers Association. An application for

temporary injunction was filed as I.A.No.1196 of 2008 which was

disposed of by the order dated 18th December 2008. The trial

court allowed the application for temporary injunction and the

petitioners herein were restrained from enhancing the fee

structure of S.N.Vidyabhavan Senior Secondary School, Chendrappinni

during the year 2008-2009. That order was

challenged by the petitioners in C.M.A.No.3 of 2009. The court

below dismissed the C.M.Appeal by the judgment dated 13th

February 2009. While disposing of the C.M.Appeal, the court

below directed the trial court to dispose of the suit itself by the

end of March 2009.

2. The main grievance of the petitioners is that while

disposing of the application for temporary injunction and

C.M.Appeal arising therefrom, the courts below have arrived at

several findings on the merits of the case which would prejudice

the petitioners at the time of trial.

3. After having heard the learned counsel for the

petitioners, I do not think that there is any scope for interference

in the Writ Petition under Article 227 of the Constitution of

India. Temporary injunction was granted after considering all

the relevant facts and circumstances of the case. The appellate

court also considered the pleadings and facts and circumstances

of the case and held that there is no ground to interfere with the

well considered order passed by the trial court.

4. However, the grievance of the petitioners is that there

are findings on the merits of the case and it would prejudice

them at the time of trial, which requires some consideration. I

make it clear that all the observations and findings in the order
of the trial court and the judgment of the appellate court were

made only for the purpose of disposal of the prayer for

temporary injunction and those observations and findings shall

not be taken into account by the trial court while disposing of the

suit on the merits.

With the above observations, the Writ Petition is disposed

of.

K.T.SANKARAN,
JUDGE
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