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High Court of KeralaWP(C)/23589/2015disposed of

Dr.Mathew Cherian v. Cochin University Of Science And Technology

2015-08-05Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).NO. 23589 OF 2015 (W) ---------------------------- PETITIONER(S):

--------------- DR.MATHEW CHERIAN, READER IN MECHANICAL ENGINEERING COCHIN UNIVERSITY COLLEGE OF ENGINEERING, KUTTANAD (CUCEK), ALAPPUZHA-691001 BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):

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1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY THE REGISTRAR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY.P.O, KOCHI-682 022

2. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN UNIVERSITY.P.O, KOCHI-682 022

3. THE SYNDICATE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN UNIVERSITY.P.O, KOCHI-682 022 BY SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 23589 OF 2015 (W) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE ORDER DATED 28.5.2010 ALONG WITH PRIORITY LIST EXT.P2: TRUE COPY OF THE LETTER DATED 1.7.2015 ISSUED BY THE 2ND RESPONDENT EXT.P3: TRUE COPY OF THE APPEAL DATED 31.7.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P4: TRUE COPY OF THE RELEVANT PART OF THE RULES FOR ALLOTMENT AND OCCUPATION OF RESIDENTIAL FAMILY TYPE QUARTERS OF THE UNIVERSITY. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 5th day of August, 2015 J U D G M E N T The petitioner, who is working as a Reader in the Cochin University, College of Engineering, Kuttanad, is aggrieved by Ext.P2 order that has been served on him by the respondent University, directing him to vacate the quarters which is presently occupied by the petitioner and his family. It is stated that against Ext.P2 order, he has preferred Ext.P3 appeal before the 3rd respondent and the same is pending consideration before the 3rd respondent. The limited prayer of the petitioner in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P3 appeal after hearing the petitioner, and to keep in abeyance Ext.P2 order till such time as the 3rd respondent takes a decision in the appeal.

2. I have heard the learned counsel for the petitioner and the learned Standing counsel for the respondent University. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P3 appeal preferred by the petitioner within a period of one

month from the date of receipt of a copy of this judgment after hearing the petitioner. It is made clear that, Ext.P2 order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 3rd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE mns