Nit Educational Society vs All India Council for Technical Education

Type Court Judgment Court Kerala Decided Feb 20, 2020

~3 min read

https://sooperkanoon.com/case/1727240

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1727240
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 20, 2020
Case Number: WP(C)/212/2020

Parties & Advocates

Appellant / Petitioner

Nit Educational Society

Respondent

All India Council for Technical Education

Excerpt

.....come up for admission on 20.02.2020, the court on the same day delivered the following:judgmentdated this the 20th day of february 2020 this writ petition is filed seeking the following reliefs:“i) issue a writ of mandamus any other writ, orderor direction, commanding the respondents to return the original fixed deposit receipt no.cds/e no.675256 dated 16.05.2002 for rs.50,00,000/- in the joint account no.60014143163 at bank of maharastra, kottayam branch, duly discharged, to the petitioner. ii) declare that the respondent have no right or authority to withhold the fixed deposit receipt no.cds/e no.675256 dated 16.05.2002 for rs.50,00,000/- made by the petitioner in the joint account for getting approval for starting an engineering college.”2. heard the learned counsel for the petitioner and the learned standing counsel appearing for the aicte.3. it is submitted by the learned counsel for the petitioner thatthe petitioner had produced fixed deposit receipts amounting to rs.50,00,000/- in the joint name of the aicte and the petitioner for the purpose of grant of permission of an institution. it is submitted that the institution has been closed down and the petitioner had made applications for the release of the fd receipts to the petitioner.4. the learned standing counsel appearing for the aictesubmits that the application has to be made online along with evidence of closure of the institution as provided and that on receipt of such application in proper form, the receipts shall be released to the petitioner without delay.in the above view of the matter, there will be a direction that in case, the petitioner makes an application online with all supporting evidence to show the closure of the institution, the fd receipts shall be released to the petitioner duly discharged by the respondents, within two weeks from the date of submission of the application online. the writ petition is ordered accordingly.sd/- anu sivaraman judge svpappendix.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941 WP(C).No.212 OF 2020(B) PETITIONER: NIT EDUCATIONAL SOCIETY KODIMATHA, KOTTAYAM - 686 001, REPRESENTED BY ITS CHAIRMAN SRI RAJAN VARGHESE. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: 1 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION INDIRA GANDHI SPORTS COMPLEX, JP ESTATE, NEW DELHI - 110 002, REPRESENTED BY ITS SECRETARY. 2 THE REGIONAL OFFICER SWRO, AICTE, BANGALORE - 560 009. 3 THE REGIONAL OFFICER CAMP OFFICE, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, COLLEGE OF ENGINEERING, TRIVANDRUM CAMPUS, THIRUVANANTHAPURAM - 695 016. VINITHA B., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 20th day of February 2020 This writ petition is filed seeking the following reliefs:

“i) issue a writ of mandamus any other writ, order

or direction, commanding the respondents to return the original Fixed Deposit Receipt No.CDS/E No.675256 dated 16.05.2002 for Rs.50,00,000/- in the joint Account No.60014143163 at Bank of Maharastra, Kottayam Branch, duly discharged, to the petitioner. ii) declare that the respondent have no right or authority to withhold the Fixed Deposit Receipt No.CDS/E No.675256 dated 16.05.2002 for Rs.50,00,000/- made by the petitioner in the joint account for getting approval for starting an Engineering College.”

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the AICTE.

3. It is submitted by the learned counsel for the petitioner that

the petitioner had produced fixed deposit receipts amounting to Rs.50,00,000/- in the joint name of the AICTE and the petitioner for the purpose of grant of permission of an Institution. It is submitted that the Institution has been closed down and the petitioner had made applications for the release of the FD receipts to the petitioner.

4. The learned Standing Counsel appearing for the AICTE

submits that the application has to be made online along with evidence of closure of the Institution as provided and that on receipt of such application in proper form, the receipts shall be released to the petitioner without delay.

In the above view of the matter, there will be a direction that in case, the petitioner makes an application online with all supporting evidence to show the closure of the Institution, the FD receipts shall be released to the petitioner duly discharged by the respondents, within two weeks from the date of submission of the application online. The writ petition is ordered accordingly.

Sd/- ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.3215 OF 2011 DATED 10.3.2011. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 25.3.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND THE RESOLUTION PASSED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE FORWARDING LETTER DATED 18.10.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Same Court & Year Kerala · 2020 Same Parties Nit Educational Society vs All India Council for Technical Ed... Same Judge Honourable Mrs. Justice Anu Sivaraman