High Court of KeralaWP(C)/19289/2015disposed of

Amal Alexander v. State Of Kerala

2015-06-26Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 19289 of 2015 (I) ---------------------------- PETITIONER(S) :

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

1. AMAL ALEXANDER S/O.ALEXANDER JOJI, AGED 19, VARINILAM, 28/1623 K.P.VALLOON ROAD, KADAVANTHRA, COCHIN - 20.

2. DILEEP DAVIS, S/O. M.T.DAVIS, AGED 20 MAMINISERRY HOUSE, C.C LANE K.P.VALLON ROAD, KADAVANTRA, COCHIN - 20.

BY ADVS.SRI.K.R.SUNIL SMT.NIVYA VALSAN RESPONDENT(S) :

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

1. STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS KOTTAYAM - 686 560.

3. THE CHAIRMAN THE BOARD OF ADJUDCATION FOR STUDENTS GRIEVANCES M.G.UNIVERSITY, PRIYADARSHINI HILLS KOTTAYAM - 686 560.

4. THE PRINCIPAL MOUNT ROYAL COLLAGE, THANCHANGIRI HILLS, SOORYANALLI MUNNAR, IDUKKI DISTRICT.

R1 BY GOVT. PLEADER SMT. K.A. SANJEETHA R2 & R3 BY ADV. SRI.VARUGHESE M.EASO, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 19289 of 2015 (I) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - TRUE COPY OF THE COMPLAINT DT. 04.6.15 SEND BY THE PETITIONERS TO THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 19289 of 2015 -------------------------------------- Dated this the 26th day of June, 2015.

JUDGMENT

Alleging that the third respondent has not so far taken any decision on Ext.P1 to return the original certificates of the petitioners, they have come up before this Court. 2.

The petitioners are B.Com/Travel and Tourism students joined in the fourth respondent college in the academic year 2014. The term fees @ Rs.11,280/- each for the 1st term and an another amount of Rs.50,000/- as advance towards the part payment of hostel fees were remitted by them. The petitioners allege that the substandard arrangements in the college as well as in the accommodation, prompted the petitioners to discontinue with their education. The petitioners made request before the 4th respondent for returning their original certificates and conduct certificates. However, the fourth respondent declined the requests of the petitioners and demanded the full course fees upto 2017 as a condition precedent for returning the original certificates.

W.P.(C) No. 19289 of 2015 -23.

I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent University in the matter.

As the limited prayer in this writ petition is only for a direction to the respondent university to consider Ext.P1 for finalisation, this Court is of the view that the writ petition can be disposed of even without issuing notice to the fourth respondent.

In the result, the writ petition is disposed of directing the respondent university to place Ext.P1 before the third respondent to take a final decision in the matter within a period of 45 days from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioners to produce a copy of the writ petition as well as the copy of this judgment before the third respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.