Kerala High Court
C.S. Chandran Nair vs State Of Kerala on 21 January, 2009
Author: Koshy
Bench: J.B.Koshy, V.Giri
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18623 of 2006(S)
1. C.S. CHANDRAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. MAHATMA GANDHI UNIVERSITY,
3. SYNDICATE OF MAHATMA GANDHI UNIVERSITY,
4. MANAGER,
5. PRINCIPAL,
For Petitioner :DR.K.P.SATHEESAN
For Respondent :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :21/01/2009
O R D E R
J.B.KOSHY, Ag.C.J. & V.GIRI, J.
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W.P(C).No.18623 of 2006
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Dated 21st January, 2009
JUDGMENT
Koshy, Ag.C.J. This petition is filed as a Public Interest Litigation. According to the petitioner, he is the Convenor of Sahodaran Ayyappan Smaraka SNDP Yogam College Samrakshana Samithi. Third respondent Syndicate of Mahatma Gandhi University gave permission to shift the Sahodaran Ayyappan Smaraka SNDP Yogam College from the present premises to a new place at a distance of about 10 Kms. Earlier when this matter came up before this court, this court directed the Syndicate to consider the matter after conducting inspection etc. and by Ext.P10 order the Syndicate considered the matter in detail. An inspection commission was sent. Detailed report of the inspection commission was also considered. After considering the above, it was decided to retain the college in the present premises. Following is the operative portion of Ext.P10 order:
"The Syndicate as per reference (6) above, considered the whole matter in detail and based on the recommendations of the re-inspection team and considering the practical difficulty that may W.P.(C)No.18623/2006 2 be caused to the student community in shifting the campus again to Attachakkal, resolved to grant permission to retain the site at Cherrimukku as the main campus of SAS SNDP Yogam College, Konni.
The Syndicate also resolved that the Management shall acquire more landed property at Cherimukku at the earliest, preferably within a period of one year, so as to provide more facilities to the college and thereby extend maximum conveniences to the students.
The Syndicate further resolved that the 15 acres of land the College had at Attachakkal shall also be developed as a satellite campus of the college by constructing Hostels for the students and also by starting new Departments etc. for the college."
We are of the view that the decision taken by the University, an autonomous body, after considering the entire facts need not be interfered by this court by exercising jurisdiction under Article 226 of the Constitution of India.
The writ petition is dismissed.
J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks