Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 27347 OF 2024 PETITIONER/S: 1 HEBRON PAUL S/O P.C. PAUL 5TH SEMESTER, B.TECH (M.E) SREENARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY MANJALY, MANNAM, NORTH PARAVUR, PIN - 683520 2 BALAMUTHU KRISHNAN.K S/O KANNAN, 5TH SEMESTER, INTEGRATED M.C.A , SREENARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY MANJALY, MANNAM, NORTH PARAVUR., PIN - 683520 3 V. GOKUL KANNAH AGED 20 YEARS S/O VIVEKANANDAN, 3RD SEMESTER, B.TECH (EEE), SREENARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY MANJALY, MANNAM, NORTH PARAVUR ., PIN - 683520 4 SANDRA P.H D/O HARI P.S 5TH SEMESTER, B.TECH (CIVIL ENGINEERING) SREENARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY MANJALY, MANNAM, NORTH PARAVUR., PIN - 683520 5 STEVE SANTHOSH S/O SANTHOSH.T 5TH SEMESTER, B.TECH, SREENARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY MANJALY, MANNAM, NORTH PARUR ., PIN - 683520 BY ADV P.N.SANTHOSH -2- RESPONDENT/S: 1 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) REP. BY ITS SECRETARY, NELSON MANDELA MARG, NEW DELHI., PIN - 110070 2 A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM., PIN - 695016 3 M/S GURUDEVA TRUST, REPRESENTED BY ITS SECRETARY, MANJALY, THEKKETHAZHAM, MANNAM, NORTH PARAVUR, ERNAKULAM DISTRICT., PIN - 683520 4 KOTAK MAHINDRA BANK LTD, REPRESENTED BY ITS CHIEF MANAGER, KANAKA DAMODAR BUILDING, VEEKSHANAM ROAD, COCHIN ., PIN - 682035 5 THE AUTHORISED OFFICER KOTAK MAHINDRA BANK LTD, SAMSON TOWERS, PANTHEON ROAD, EGMORE, CHENNAI ., PIN - 600008
BY ADVS. PHILIP T.VARGHESE THOMAS T.VARGHESE(K/000516/1995) ACHU SUBHA ABRAHAM(K/001758/1999) V.T.LITHA(K/278/2006) K.R.MONISHA(K/915/2013) RAMACHANDRAN M.R.(K/208/1992) JIJO PAUL(K/1009/2023) ANJALI SUNIL(K/532/2024) OTHER PRESENT: SRI. SAJITH KUMAR V.-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
JUDGMENT
The present writ petition has been filed seeking the following reliefs:
“i. to declare that all proceedings pursuant to Ext. P1 are illegal. ii. to issue à writ of mandamus or other appropriate order or direction, directing the 4th and 5th respondents not to take over possession of college buildings and properties under the management of the 3rd Respondent without prior permission/ approval of 1st and 2nd respondents. iii. to issue a writ of mandamus or other appropriate order to the 1st and 2nd respondents to formulate a progressive closure plan of the college without affecting the studies of students undergoing various courses. iv. pleased to direct to disperse with the filing of transactions of vernacular documents. v. to grant such other reliefs which are deemed fit and proper in the facts and circumstances of the case,”
2. The management of the 3rd respondent Trust, which
runs Sree Narayana Guru Institute of Science and Technology, has taken a loan and financial facilities from the respondent -4- Bank. The Management failed to repay the loan amount, and as of today, the total outstanding is around Rs.18 crores.
3. The petitioners are said to be the students of the
College. This writ petition on behalf of the petitioners is not maintainable as they are not parties to the loan agreement. In view thereof, the writ petition is dismissed. Sd/- DINESH KUMAR SINGH JUDGE jjj -5- APPENDIX OF WP(C) 27347/2024 PETITIONER EXHIBITS Exhibit P-1 A COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 17/07/2024 AND PUBLISHED ON THE NOTICE BOARD