Disposed

Georgekutty M.P v. Mahatma Gandhi University

Kerala HC8 Dec 2017WP(C)/6631/2017

Case brief

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What is this about?

A writ petitioner, owner of a building rented for an MB University college, approached the High Court for arrears of rent and mandatory payment orders. The court recorded a submission by the university to pay and ordered a detailed consideration and order within three weeks.

What did the court decide?

Direction to the first respondent to consider the petitioner's representations and pay the rent, taking note of a prior judgment, within three weeks.

Georgekutty M.P Vs Mahatma Gandhi University — Education and Admissions | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939

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WP(C).No. 6631 of 2017 (D)

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PETITIONER:

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GEORGEKUTTY M.P, MANJADIYIL HOUSE PANDIRIKAN, THOTTABHAGAM KAVIYOOR 689 582 PATHANAMTHITTA DISTRICT

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BY ADV. SMT.JISEMOL THOMAS

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RESPONDENT(S):

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1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O, KOTTAYAM 686 560 REPRESENTED BY IT'S THE REGISTRAR

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2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O KOTTAYAM 686 560

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3. KAVIYOOR GRAMA PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY KAVIYOOR 689 582, PATHANAMTHITTA

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4. THE SPONSORING COMMITTEE FOR THE MAHATMA GANDHI UNIVERSITY OF ART AND COMMERCE, CONSTITUTED AT KAVIYOOR GRAMA PANCHAYAT REPRESENTED BY ITS CHAIRPERSON AND PRESIDENT, KAVIYOOR GRAMA PANCHAYAT,PIN 689 582

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R1,R2 BY ADVS. SRI.ASOK M. CHERIAN, SC SRI.SURIN GEORGE IPE, SC R3,R4 BY ADV. SRI.VARUGHESE M EASO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 6631 of 2017 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT	P1	THE TRUE COPY OF THE CONSENT LETTER DATED 28-07-2015 BY THE PETITIONER
EXHIBIT	P2	TRUE COPY OF THE JUDGMENT THIS HON'BLE COURT IN W.A NOS 1663,1675 & 1681 OF 2015 DATED 11-08-2015
EXHIBIT	P3	TRUE COPY OF THE REPRESENTATION DATED 10/6/16 BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT	P4	TRUE COPY OF THE REPRESENTATION DT 25/8/16 BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT	P4(A)	TRUE COPY OF THE REPRESENTATION DT 10/12/16 BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT	P5	TRUE COPY OF ACKNOWLEDGMENT CARD DT 13/12/2016
RESPOND -------	ENT(S)' -------	EXHIBITS NIL ---------

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/TRUE COPY/ K.V. P.S.TO JUDGE

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ANU SIVARAMAN, J.

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W.P.(C).No.6631 of 2017

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Dated this the 8^th day of December, 2017

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J U D G M E N T

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

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The prayers in this writ petition are as follows:-

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i) Direct the 1^st respondent University to ensure that 'The Mahatma Gandhi University College of Art and Commerce' constituted at Kaviyoor Grama Panchayat shall function as the constituent college maintained and managed by the University in its direct control as per the directions of this Honourable Court in Exhibit P2;

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ii) Direct the 1^st respondent to pay the entire arrears of rent to the petitioner and pay the monthly rent regularly till the date shifting of the college to the land offered by the 3^rd respondent panchayat;

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iii) Direct the 1^st and 2^nd respondents to consider the Exhibit P3 and P4 and P4(a) representations and to pass appropriate orders to pay the rent arrears within a time frame fixed by this Honourable Court.

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It is submitted that the petitioner had rented out a building for the conduct of a self financing college under the Mahatma Gandhi University. Petitioner had submitted Ext.P4 representation before the first respondent seeking directions to continue to pay the rent for the building as well as the arrears of rent.

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The learned Standing Counsel appearing for the University submits that the University has taken a decision to pay Rs.8000/- as rent to the petitioner and to release the

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W.P.(C).No. 6631 of 2017 2

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amounts within a week. The above submission is recorded. There will be a further direction to the first respondent University to consider Ext.P4 representation preferred by the petitioner and pass orders thereon, taking note of Ext.P2 judgment within a period of three weeks from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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Sd/- ANU SIVARAMAN JUDGE

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rmm/8/12

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//True Copy //

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P.A. to Judge

Georgekutty M.P v. Mahatma Gandhi University

Case brief

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Georgekutty M.P v. Mahatma Gandhi University

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