Kerala High Court
Hasmi V.Z vs Siju S on 14 February, 2013
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 14TH DAY OF FEBRUARY 2013/25TH MAGHA 1934
WP(C).No. 2196 of 2013 (Y)
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PETITIONER:
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HASMI V.Z
STUDENT
3RD SEMESTER MECHANICAL-PRODUCTION ENGINEERING
ROLL NO.3441, T.K.M. ENGINEERING COLLEGE
KOLLAM. S/O VIJAYAKUMARAN, RAPPADY, BLOCK OFFICE ROAD
VENJARAMOODU, TRIVANDRUM.
BY ADVS.SRI.SHAIJAN C.GEORGE
SRI.P.A.SHIBU (PAZHAYAKAT)
SMT.S.REKHA KUMARI
SRI.M.T.AJITH
SMT.SAJITHA GEORGE
RESPONDENTS:
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1. SIJU S
ADVOCATE,
ENQUIRY OFFICER IN MEMO OF CHARGE NO.C1/3499/12,
RESIDING AT HARI MANDIRAM
THEVALLY POST, KOLLAM-691 009.
2. PRINCIPAL,
TKM ENGINEERING COLLEGE, KOLLAM.
3. DR.S.AYOOB,
PRESENTING OFFICER AND DEPUTY CHIEF WARDEN
TKM ENGINEERING COLLEGE, KOLLAM-691 009.
4. MR. VIVEK C.,
IIIRD SEMESTER COMPUTER SCIENCE AND ENGINEERING
ROLL NO.R 3153, S/O MR. RAVEENDRN C, CHEMBRA HOUSE
PERAMRA VIA, MULIYANGL, CHENOLI P.O.
KOZHIKODE-673 525.
5. MR.ABHIJITH S.,
III SEM CHEMICAL ENGG., ROLL NO.H 3102
S/O MR. SUTHAN K., METHARAYIL HOUSE (VRINDAVANAM)
KUTTEMPAROOR P.O., MANNAR, ALAPPUZHA-689 623.
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WP(C).No. 2196 of 2013 (Y)
6. MR.PRITHVELAL V.P.,
III SEM MECHANICAL ENGG, ROLL NO.M 3246
S/O MR. PURUSHOTHAMAN R., KELAMANGALAM NIKARTH
POOCHAKKAL P.O., CHERTHALA, ALAPPUZHA-688 526.
7. MR. ANWAR ASHRAF,
III SEM MECHANICAL PRODUCTION ENGG, ROLL NO.P 310
S/O MR.ASHRAF SH, SHA NIVAS, KADAKKAL
KOLLAM-691 536.
R2,R3 BY ADV. SRI.GEORGE POONTHOTTAM
R4 TO 7 BY ADV. SRI.V.V.RAJA
R4 TO 7 BY ADV. SRI.M.T.SURESHKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-
02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 2196 of 2013
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Dated this the 14th day of February, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers:
"i) To call for all the records leading to the enquiry as per the memo of charges No.C1/3499/12 and peruse the same and further declare that the petitioner is actually exonerated from the charges as per Ext.P15 report made by the preliminary enquiry officer.
ii) To call for all the records pertaining to the enquiry proceedings No.C1/3499/12 as on date and peruse the same and to find that the enquiry proceedings are being carried out in an illegal manner;
iii) To declare that exhibit P13 and P14 are nonexistent as on date of the Exhibit P2 and P25 and those cannot be relied upon and quash the same;
iv) To quash the enquiry proceedings as against the petitioner finding that it is not maintainable against the petitioner;
v) To issue writ of mandamus or any other writ or directions to the 2nd respondent to W.P.C. No. 2196 of 2013 -2- facilitate all the circumstances for the petitioner to continue in the college as a student without causing any harassment to the petitioner;
vi) As an alternative, this Hon'ble Court be pleased to appoint an enquiry officer who posses integrity to hold that office to conduct the denovo enquiry concerned in a proper way;
vii) to issue writ of mandamus or any other writ or directions to fix the venue of enquiry different from college premises and to allow the petitioner and respondents 4 to 7 be represented by a legal practitioner of their choice;"
2. The learned counsel for the petitioner seeks for permission to withdraw the writ petition, without prejudice to the rights and liberties of the petitioner to pursue other appropriate remedy.
Permission is granted. Writ petition is dismissed as withdrawn.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-