Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 16TH DAY OF JULY 2013 25TH ASHADHA, 1935 WP(C).No. 14406 of 2013 (A) ---------------------------- PETITIONER(S): -------------- DR.P.PADMAKUMAR, S/O.LATE PURUSHOTHAMAN, SECRETARY, SREE NARAYANA SAMSKARIKA SAMITHY, KARTHIKAPPALLY TALUK, UNIT REG NO.156/80, CHIRAKKADAVAM, KAYAMKULAM. BY ADVS.SRI.R.T.PRADEEP SRI.P.BIJIMON. RESPONDENT(S): ------------- 1. VICE-CHANCELLOR, UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN-695001.
2. UNIVERSITY OF KERALA, REPRESENTED BY IT'S REGISTRAR, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN-695001.
3. SREE NARAYANA SAMITHY, REPRESENTED BY IT'S PRESIDENT, MURUKKUMMOODU KAYAMKULAM P.O., ALAPPUZHA DT. -690 502.
4. CHANDRADAS, S/O.VASU, PAVITHRAM, PALACE ROAD, KAYAMKULAM -690 502. RR-R1 & 2 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY. R3 & 4 BY ADV. SRI.R.SUNIL KUMAR R3 & 4 BY ADV. SMT.A.SALINI LAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 14406 of 2013 (A) APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXT.P1 THE COPY OF CERTIFICATE OF REGISTRATION OF SAMITHY DATED 13 3-1980. EXT.P2 - THE COPY OF ORDER DATED 19 3-2009 BY WHICH THE STATE COMMITTEE OF SAMITHY EXPELLED THE RESPONDENT NO.4 FROM MEMBERSHIP. EXT.P3 - THE COPY OF APPLICATION FORM DATED 05 12-2011 WHICH IS SUBMITTED BY THE RESPONDENT NO.4 BEFORE UNIVERSITY OF KERALA WITH COVERING LETTER UNDER RIGHT TO INFORMATION ACT. EXT.P3(A)- THE COPY OF UNDERTAKING DATED 5 12-2011 OF RESPONDENT NO.4 BEFORE UNIVERSITY OF KERALA. EXT.P3(B)- THE COPY OF EXPERIENCE SHOWN BY RESPONDENT NO.4 IN THE LETTER PAD OF RESPONDENT NO.3 DATED 17 1-2012. EXT.P4 - THE COPY OF ORDER DATED 28 5-2012 BY WHICH THE CENTRE IS ALLOTTED TO THE ORGANIZATION OF THE FOURTH RESPONDENT. EXT.P5 - THE COPY OF ADVERTISEMENT OF THE RESPONDENT NO.4 WHICH IS NIL DATD. EXT.P6 - THE COPY OF REPRESENTATION DATED 30 3-2013 BEFORE THE FIRST RESPONDENT. EXT.P7 - THE COPY OF REPRESENTATION DATRED 30 3-2013 BEFORE THE SECOND RESPONDENT. EXT.P8 - THE COPY OF FIR DATED 02 02-2013 IN CRIME NO.199/2013 OF KAYAMKULAM POLICE STATION. RRESPONDENT(S)' EXHIBITS : ------------------------ NIL. /True Copy/ P.A.TO JUDGE rvs. P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No. 14406 OF 201.......................................................................... Dated this the 16th July, 2013 JUDGMENT
Allotment of 'Learners' Support Centre' by the respondent University in favour of the third respondent Institution vide Ext.P4 proceedings dated 28.5.2012, is under challenge in this writ petition. The case of the petitioner is that, he happens to be the Secretary of 'Sree Narayana Samskarika Samithy', of which the fourth respondent was the former President. In connection with certain serious misconducts, the fourth respondent was expelled from the 'Samithy', upon which he formed a new 'Samithy' in the name and style as given in the cause title, showing the address particulars of the third respondent. Thereafter, the third and fourth respondents made an application for allotment of Learners' Support Centre before the second respondent University, raising the claim as projected in Exts.P3. This was considered and sanction was given as per Ext.P4. The case of the petitioner is that, the particulars given by the third and fourth respondents in Ext.P3 are with reference to the properties/building actually possessed by the petitioner's Samithy W.P.(C)No. 14406 OF 201.2 and the attempt of the fourth respondent was only to manipulate things, giving a distorted version as to the rights and liberties over the properties 2. The petitioner contends that he came to know about the proceedings only much later and immediately thereafter, several complaints were preferred before the University referring to the misrepresentation/fraud committed by the 4th respondent and the 'Samithy' in having obtained Ext.P4. It is also stated that, after filing the writ petition, the respondent University conducted a personal hearing and that the petitioner also attended the same. The proceedings are still to be finalised, which hence is sought to be completed within a reasonable time.
3. Heard the learned Standing Counsel for the University, as well as the learned Counsel for the 3rd and 4th respondents. It is brought to the notice of this Court that, there is a title dispute with regard to the property between the petitioner and respondents 3 and 4. It is also stated that, pursuant to Exts. P6 and P7, hearing was conducted and what remains is to pass appropriate orders by the University. W.P.(C)No. 14406 OF 201.3 4. In the said circumstance, there will be a direction to the second respondent to finalise the proceedings pursuant to Exts.P6 and P7 and the hearing stated as already conducted and pass appropriate orders thereon, in accordance with law, at the earliest, at any rate, within 'one month', after considering the contentions raised from both the sides. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk