Dismissed

Kerala Veterinary and Animal Science University v. Balakrishnan.M.R

Kerala HC3 Mar 2020WA/413/2020

Case brief

AI extract

What is this about?

Two judges of the Kerala High Court disposed of Writ Appeal No. 413 of 2020 filed by the Kerala Veterinary and Animal Science University against the judgment of the Single Judge admitting the appellant in the election to the electoral roll. The appeal was dismissed by reference to a finding that the University is an autonomous body with powers to manage its affairs. The court held that no case was

What did the court decide?

Writ Appeal dismissed.

Kerala Veterinary and Animal Science University Vs… — Service and Employment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

¶7

WA.No.413 OF 2020

¶8

AGAINST THE JUDGMENT DATED 23.10.2019 IN WP(C) 4707/2018(K) OF HIGH COURT OF KERALA

¶9

APPELLANTS/RESPONDENT NOS. 1 TO 3:

¶10

1 KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY REPRESENTED BY ITS REGISTRAR, LAKKIDI.P.O., POOKKODE, WAYANAD-673 576

¶11

2 COLLEGE OF VETERINARY AND ANIMAL SCIENCE, REPRESENTED BY ITS DEAN, POOKOE, WAYANAD DISTRICT, PIN-673 576

¶12

3 REGISTRAR AND RETURNING OFFICER, OFFICE OF THE REGISTRAR, KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY POOKODE, LAKKIDI.P.O., WAYANAD-673 576

¶13

BY ADV. SMT.AYSHA YOUSEFF

¶14

RESPONDENTS/PETITIONERS:

¶15

1 BALAKRISHNAN.M.R., S/O.RAMAKRISHNAN, MATTAYIL HOUSE, KACHERIPARAMBU, PALAKKAD DISTRICT PIN-678 601, WORKING AS PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O, PALAKKADU DISTRICT, PIN-678 601.

¶16

2 RAJAN.M

¶17

S/O.KUNJAN, MARUTHANAPARA HOUSE, THIRUVIZHAMKUNNU.P.O, ALANALLOOR, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU .P.O. PALAKKADU DISTRICT PIN-678 601.

¶18

W.A. No. 413 OF 2020

¶19

-2-

¶20

3 HARIDASANM.K S/O.AYYAPPAN, KURUVANCHERY HOSUE, EDATHANANTTUKARA.P.O, MUNDAKUNNU, ALANALLUR, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES THIRUVIZHAMKUNNU.P.O. PALAKKADU DISTRICT, PIN-678 601

¶21

4 JAYADEVAN.V S/O.MADHAVAN, VETTATHOOR HOUSE, BHEEMANADU.P.O, ALANALLUR, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O, PALAKKADU, DISTRICT PIN-678 601

¶22

5 SIVAPRASAD.M.P. S/O.CHAMI, MANALIPARAMBIL HOUSE, EDATHANATTUKARA, PALAKKADU DISTRICT ALANALLUR, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOURER, INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O, PALAKKADU DISTRICT PIN-678 601.

¶23

6 ANIL.P. S/O.KUTTAN, PATHIRAMANNA HOUSE, EDATHANATUKARA, PALAKKADU DISTRICT, WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O. PALAKKADU DISTRICT PIN-678 601

¶24

7 SAINABI.T

¶25

S/O.KOYANNI, THAYYIL HOUSE, THIRUVIZHAMKUNNU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶26

8 UNAISE.K S/O.KUNJUMUHAMMED, KALATHUMPADIYAN HOUYSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶27

9 ANOOP K S/O.CHAMI, KOODATHODI HOUSE, THIRUVIZHAMKUNNU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶28

W.A. No. 413 OF 2020

¶29

-3-

¶30

10 RAMADASAN, S/O.RAMADASAN, EDPPAYIL HOUSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT, WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶31

11 VIJAYAN.K S/O.KRISHNAN EZHUTHACHAN, KURUPPUTHODIYIL HOUSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶32

12 SUVIN.S. S/O.VIDHYANANDAN, SUNDARATH HOUSE, UPPUKULAM.P.O, EDATHANATTUKARA, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶33

13 HAREESH.A. S/O.HARIDASAN, ADOOR HOUSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶34

14 MUSTHAFA.T. S/O.MUHAMMADKUTTY, THONIKKAL HOUSE, THIRUVIZHAMKUNNU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601

¶35

15 GOPALAKRISHNAN.M S/O.SUBRAHMANIAN, MUDIKKUNNEL HOUSE, KANDAMANGALAM.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶36

16 LISA.K D/O.SASIKUMAR, THANNIKKAL HOUSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶37

W.A. No. 413 OF 2020

¶38

-4-

¶39

17 MINI.K.D D/O.MURALEEDHARAN, KARATTUPARAMBATH HOUSE, THIRUVIZHAMKUNNU.P.O., PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶40

18 SUMATHI.N.D D/O.HARIDASAN, VETTATHOOR HOUSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601.

¶41

19 VANAJA K. D/O.RAMAN, VETTATHOOR HOUSE, KACHERIPARAMBU.P.O, PALAKKAD DISTRICT WORKING AS A PERMANENT LABOUR INSTRUCTIONAL LIVESTOCK FARM COMPLEX, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU.P.O., PALAKKADU DISTRICT PIN-678 601

¶42

20 VIJAYAN.N.MEMBER GENERAL COUNCIL, KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY POOKODE, LAKKIDI.P.O, WAYANAD-673 576.

¶43

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶44

W.A. No. 413 of 2020

¶45

: 5 :

¶46

Dated this the 3^rd day of March, 2020.

¶47

JUDGMENT

¶48

S. Manikumar, CJ

¶49

Challenge in this writ appeal is to the judgment dated

¶50

23.10.2019 in W.P.(C) No. 4707 of 2018.

¶51

Writ appeal No.254 of 2020, which was filed challenging the very same common judgment has been dismissed by us on 19.02.2020. Operative portion of the said judgment reads thus:

¶52

“19. Taking into account the aforesaid aspects and the preamble of the Act, we are of the considered opinion that the University is an autonomous body vested with powers to regularise and manage the affairs of the University as per Act, 2010. The powers are delineated by and between the Officers of the University and going by the provisions of the law discussed above, we have no doubt that the order passed by the Registrar appointing the casual labourers as permanent as per order dated 24.04.2017 is valid and legal and viewed in that manner, the writ petitioner and other similarly situated permanent labourers are entitled to find a place in the final voters' list. We are also of the considered opinion that the appellants have not made out any case justifying interference with the judgment of the learned single Judge in an intra-court appeal filed under Section 5 of the Kerala High Court Act.

¶53

W.A. No. 413 of 2020

¶54

: 6 :

¶55

Resultanly, writ appeal fails, and it is accordingly dismissed.”

¶56

Following the above judgment, instant writ appeal is

¶57

also dismissed.

¶58

sd/-

¶59

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY,

JUDGE.

Kerala Veterinary and Animal Science University v. Balakrishnan.M.R

Case brief

What is this about?

What did the court decide?

Kerala Veterinary and Animal Science University v. Balakrishnan.M.R

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ayikkarathundathil Aggregrates, Vs the State of Kerala

The State of Kerala Vs Rahul.T

V.Balakrishna Pai Vs Corporation of Cochin

Babu N.P Vs Department of Mining and Geology

Sr.Salomi Vs State of Kerala

Elvis J.Alex Vs the Secretary