High Court of KeralaWP(C)/4647/2010dismissed for default

Deepak M.N. v. Principal Sree Sankara College

2015-02-24Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 4647 of 2010 (E) -------------------------------------- PETITIONER(S):

---------------------- DEEPAK.M.N., S/O. NARAYANAN.M.K., KURUMASSERY.P.O., ANGAMALY.

BY ADV. SRI.J.ABHILASH RESPONDENT(S):

-------------------------

1. PRINCIPAL, SREE SANKARA COLLEGE, KALADY.

2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM.

R2 BY ADV. SRI.VARUGHESE M.EASO, SC, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 4647 of 2010 (E) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- P1:

COPY OF THE IDENTITY CARD ISSUED BY THE R1 P2:

COPY OF THE NOTICE ISSUED BY THE ANTI RAGGING COMMITTEE P3:

COPY OF THE REPRESENTATION DATED 2/2/10.

RESPONDENTS' EXHIBIT ----------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. Vinod Chandran, J.

==================================== W.P.(C)No.4647 of 2010 ==================================== Dated this the 24th day of February, 2015.

JUDGMENT

Petitioner was prevented from appearing in the final year examination of B.A. degree course, he was undergoing, under the first respondent. The proceedings were taken obviously in pursuance to an agreement registered under the Kerala Prohibition of Ragging Act, 1998. This Court, by order dated 2.3.2010, directed the first respondent to permit the petitioner to appear for the examination, but made it provisional, subject to final orders to be passed in the writ petition.

1. The petitioner was directed to take out process on the first respondent, which has not been done till date. On 27.7.2011, the petitioner was specifically directed to cure the defect within one week. On 10.8.2011, the counsel for the petitioner asserted that, process was paid on 2.8.2011. The Registry on 11.2.2015 re-iterates

W.P.(C)No.4647 of 2010 -:2:- that, no steps have been taken. Under such circumstances, the petitioner's contentions in the writ petition, cannot be entertained. It is submitted by the learned standing counsel for the second respondent that, no statutory appeal has been filed. If at all the petitioner had appeared in the examination, pursuant to the interim order of this Court, the same shall have no effect and the results need not be published.

Writ petition is dismissed.

K. Vinod Chandran, Judge.

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