High Court of KeralaWP(C)/30290/2015disposed of

Namitha Callistus Jonas v. Principal, Nirmala Arts And Science College

2015-11-02Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 30290 of 2015 (I) ---------------------------- PETITIONER :

---------------------- MRS. NAMITA CALLISTUS JONAS, AGED 33 YEARS, W/O.DR.VINOD FRANKLIN, RESIDING AT ANJIPARAMBIL HOUSE, GANDHI NAGAR, KALOOR P.O., COCHIN-17.

BY ADV. SRI.FRANKLIN CHELLATH RESPONDENT(S):

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

1. PRINCIPAL, NIRMALA ARTS AND SCIENCE COLLEGE, NIRMALA HILLS, MULANTHURUTHY P.O., ERNAKULAM-682 314.

2. NIRMALA ARTS AND SCIENCE COLLEGE, IS A CONSTITUANT OF NIRMALA CHARITABLE TRUST, REPRESENTED BY ITS TRUSTEE, NIRMALA HILLS, MULANTHURUTHY P.O., ERNAKULAM-682 314.

3. MAHATHAMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM- 686 560.

4. GOVERNMENT OF KERALA, REPRESENTED BY SPECIAL SECRETARY TO HIGHER AND COLLEGE EDUCATION, SECRETARIATE, THIRUVANANTHAPURAM- 695 001. R1 & R2 BY ADV. SRI.ALIAS M.CHERIAN R3 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY R4 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 30290 of 2015 (I) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE LEGAL NOTICE DATED 8.9.2015 ISSUED ON BEHALF OF THE PETITIONER.

EXHIBIT-P2:

TRUE COPY OF THE AUTHORISATION LETTER DATED 16.9.2015 GIVEN BY PETITIONER TO HER HUSBAND TO RECEIVE THE DOCUMENT PERSONALLY FROM THE COLLEGE.

EXHIBIT-P3:

TRUE COPY OF THE REPLY NOTICE DATED 14.9.2015 ISSUED BY RESPONDENT NO.1 EXHIBIT-P4:

TRUE COPY OF THE 2ND LEGAL NOTICE DATED 22.9.2015 ISSUED ON BEHALF OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 30290 of 2015 ------------------------------------------- Dated this the 2nd November, 2015

JUDGMENT

The petitioner has approached this Court on account of the refusal to return the original certificates of the petitioner retained by respondents 1 and 2. The petitioner also challenges Exhibit P3 notice dated 14.9.2015.

2. Learned counsel for respondents 1 and 2 submitted that if the petitioner approaches the first respondent, the original certificates will be returned to the petitioner.

3. I am not going into the merits and demerits of the case. If the petitioner approaches the first respondent on 4.11.2015 at 11 a.m, the original certificates of the petitioner retained by respondents 1 and 2 shall be returned to the petitioner with acknowledgment. It is made clear that any remarks made in Exhibit P3 cannot be treated as a stigma against the petitioner. The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs3/11/15