Kerala High Court
A.K.Velayudhan vs Ernakulam Regional Co-Operative Milk on 13 May, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
WP(C).No. 8579 of 2010
PETITIONER:
A.K.VELAYUDHAN,
AMBAT HOUSE, NEAR KAIPATTOOR CHURCH,
P.O.KALADY,ERNAKULAM DISTRICT.
BY ADV.SRI.P.VIJAYAKUMAR
RESPONDENT(S):
1. ERNAKULAM REGIONAL CO-OPERATIVE MILK
PRODUCERS UNION LTD., (MILMA),
REP. BY MANAGING DIRECTOR,
HEAD OFFICE, EDAPPALLY, KOCHI-682 024.
2. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
REP. BY REGISTRAR, P.O.KALADY,
ERNAKULAM DISTRICT.
3. VICE CHANCELLOR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
P.O.KALADY, ERNAKULAM DISTRICT.
4. S.SIVADASAN, REGISTRAR(ACTING),
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
P.O.KALADY, ERNAKULAM DISTRICT.
R1 BY SRI.B.S.KRISHNAN,SENIOR ADVOCATE
ADVS. SRI.K.ANAND
SMT.LATHA KRISHNAN
R2 TO R4 BY SRI.P.K.VIJAYAMOHANAN,SC,
SRI.P.C.SASIDHARAN,SC,
SRI.ARUN B.VARGHESE,SC,
SRI.PRASANTH S., SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06-06-2018,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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16/6/2018
WP(C).No. 8579 of 2010
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE NO OBJECTION LETTER FOR COMMENCING MILMA
BOOTH ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2(A) & P2(B) COPY OF THE ID CARD AND RECEIPT FOR PAYMENT OF
AGENCY SECURITY DEPOSIT.
EXHIBIT P3 COPY OF THE SANCTIONING LETTER DATED 13/5/2005 ISSUED BY
REGISTRAR OF KALADY UNIVERSITY TO THE PETITIONER.
EXHIBIT P4 COPY OF THE LEASE AGREEMENT DATED 29/10/05
EXHIBIT P5(A) & P5(B) COPY OF THE BILLS OBTAINED FOR THE FREEZER AND
FABRICATION WORKS
EXHIBIT P6 COPY OF THE INTERIM ORDER DATED 29/5/06 IN
WP(C) NO.13890/2006
EXHIBIT P7 COPY OF THE LETTER DATED 31/5/06 ISSUED TO THE
PETITIONER.
EXHIBIT P8 COPY OF THE JUDGMENT DATED 23/3/09 IN WP(C) 13890/2006
BY HON'BLE HIGH COURT
EXHIBIT P9 COPY OF THE PHOTOGRAPH SHOWING THE IYE AND LOCATION OF
PETITIONER'S MILMA BOOTH
EXHIBIT P10 COPY OF THE PHOTOGRAPH SHOWING THE PRESENT VACANT SITE
AFTER DISMANTLING PETITIONER'S BOOTH
EXHIBIT P11 COPY OF THE REPRESENTATION DATED 25/1/2010
EXHIBIT P12 COPY OF THE REPLY DATED 3/2/2010 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P13 COPY OF THE MINUTES OF THE SYNDICATE DATED 16/1/2010 OF
THE 2ND RESPONDENT UNIVERSITY
EXHIBIT P14 COPY OF THE REPRESENTATION DATED 17/3/2010 SENT BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P15(A) COPY OF THE BILL DATED 31/10/06 AND 14/11/06 ISSUED BY
THE PETITIONER IN FAVOUR OF REGISTRAR S.S.U.S. KALADY
EXHIBIT P15(B) COPY OF THE BILL DATED 25/11/06 ISSUED BY THE
PETITIONER IN FAVOUR OF REGISTRAR S.S.U.S. KALADY
2/-
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WP(C).No. 8579 of 2010
EXHIBIT P15(C) COPY OF THE BILL DATED 17/11/06 ISSUED BY THE
PETITIONER IN FAVOUR OF REGISTRAR S.S.U.S. KALADY
EXHIBIT P15(D) COPY OF THE BILL DATED 1/11/06 ISSUED BY THE PETITIONER
IN FAVOUR OF REGISTRAR S.S.U.S. KALADY
EXHIBIT P15(E) COPY OF THE BILL DATED 25/10/06 ISSUED BY THE
PETITIONER IN FAVOUR OF REGISTRAR S.S.U.S. KALADY
EXHIBIT P15(F) COPY OF THE BILL DATED 7/10/06 ISSUED BY THE PETITIONER
IN FAVOUR OF REGISTRAR S.S.U.S. KALADY
EXHIBIT P16 COPY OF THE MASS PETITION DATED 12/11/07 SUBMITTED BY
STUDENTS AND TEACHERS OF S.S.U
EXHIBIT P17(A) COPY OF THE PETITION DATED 1/7/2010 SUBMITTED BY
SANSKRIT UNIVERSITY TEACHER'S ASSOCIATION (S.U.T.A.)
BEFORE THE REGISTRAR
EXHIBIT P17(B) COPY OF THE PETITION DATED 8/4/2010 SUBMITTED BY STAFF
ASSOCIATION OF S.S.U BEFORE THE REGISTRAR.
EXHIBIT P17(C) COPY OF THE PETITION DATED 19/3/2010 SUBMITTED BY KERALA
STUDENTS UNION(KSU) BEFORE THE REGISTRAR
EXHIBIT P17(D) COPY OF THE PETITION DATED 4/2/2010 SUBMITTED BY A B V P
BEFORE THE REGISTRAR
EXHIBIT P18 COPY OF THE REPRESENTATION DATED 7/2/2018 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
RESPONDENT'S EXHIBITS:
EXHIBIT R2(A) COPY OF THE COMPLAINT DATED 27/08/2008 FROM THE
REGISTRAR TO THE SUB INSPECTOR OF POLICE, KALADY.
EXHIBIT R2(B) COPY OF THE COMMUNICATION NO.710/EST/SSUS/05 DATED
19/09/2008 FROM THE UNIVERSITY TO THE PETITIONER.
EXHIBIT R2(C) COPY OF THE SUBMISSION DATED 05/05/2008 RECEIVED FROM
PETER AUGUSTINE.K., CLASS-IV EMPLOYEE OF THE UNIVERSITY
EXHIBIT R2(D) COPY OF THE MINUTES OF THE SUB COMMITTEE OF THE
SYNDICATE ON ACCOUNTS, AUDIT & LEGAL HELD ON 14/06/2010
EXHIBIT R2(E) COPY OF THE DECISION OF THE SYNDICATE OF THE UNIVERSITY
HELD ON 17/07/2010
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WP(C).No. 8579 of 2010
EXHIBIT R2(F) COPY OF THE COMMUNICATION NO.LGLS/3499/SSUS/2010
DATED 08/08/2010 FROM THE UNIVERSITY TO THE PETITIONER.
EXHIBIT R2(G) COPY OF THE AGREEMENT DATED 10/08/2010 BETWEEN
SRI.K.P.BAIJU AND THE UNIVERSITY
/TRUE COPY/
P.S.TO JUDGE
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16/6/2018
ANIL K.NARENDRAN, J.
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W.P .(C)No.8579 of 2010
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Dated this the 6th day of June, 2018
JUDGMENT
The petitioner, who was conducting Milma Booth in the premises of the 2nd respondent University, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P12 reply dated 3.2.2010 and P13 minutes dated 16.1.2010 to the extent the same sought to justify the dismantling of petitioner's Milma Booth located in the administrative block of the 2nd respondent University. The petitioner has also sought for a declaration that the dismantling of the Milma Booth run by the petitioner within the premises of the 2nd respondent, was illegal and arbitrary. The further relief is for a writ of mandamus commanding the 2 nd respondent to restore the same as it existed prior to 23.1.2010 and to permit the petitioner to conduct the Milma Booth as before.
2. During the pendency of this writ petition, the petitioner has filed Ext.P18 representation dated 7.2.2018 before the Registrar of the 2 nd respondent University, seeking W.P.(C)No.8579 of 2010 :-2-:
permission to run Milma booth at suitable vacant location adjacent to the library and academic block in the campus of the 2nd respondent University. Learned counsel for the petitioner would submit that this writ petition may be disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P8 representation within a time limit to be fixed by this Court, with notice to the petitioner and after affording him an opportunity of being heard.
3. Learned Standing Counsel for the 2nd respondent University representing respondents 2 and 3, would submit that the 2nd respondent shall consider Ext.P18 representation and pass appropriate orders thereon, with notice to the petitioner and after affording him an opportunity of being heard.
In such circumstances, without interfering with Exts.P12 and P13, this writ petition is disposed of by directing the 2 nd respondent to consider and pass appropriate orders on Ext.P18 representation with notice to the petitioner. Necessary orders in this regard shall be passed, as W.P.(C)No.8579 of 2010 :-3-:
expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of this judgment.
It is made clear that this Court has not expressed anything on the request now made by the petitioner in Ext.P18 to run a Milma booth in the campus of the 2 nd respondent University and it is for respondents 2 and 3 to consider the said request, strictly in accordance with law.
All pending interlocutory applications are closed.
Sd/-
ANIL K.NARENDRAN JUDGE ami/6.6.18 //True copy// P.A.to Judge