The court dismissed the writ petition, observing that an appeal preferring against the order declining to correct the petitioner's date of birth had already been dismissed, thereby causing the cause of action in the present petition to cease surviving.
Petitioner dismissed with observation to file suit
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942
WP(C).No.16879 OF 2020(H)
PETITIONER:
BINIMOL.K.G AGED 55 YEARS W/O. SHAJI T.P, ASSISTANT REGISTRAR (ACCOUNTS) (RETIRED) COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO) ERNAKULAM DISTRICT, PIN 691 532 RESIDING AT SURABHI (9/355) EROOR WEST (PO), THIRIPUNITHURA, ERNAKULAM DISTRICT.
BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001
2 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO), ERNAKULAM DISTRICT, PIN 691 532 REPRESENTED BY ITS VICE CHANCELOOR. 3 THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO), ERNAKULAM DISTRICT, PIN 691 532
WP(C).No.16879 OF 2020(H)
2
4 THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO), ERNAKULAM DISTRICT, PIN 691 532
BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
SR GP SMT REKHA C NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16879 OF 2020(H)
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JUDGMENT
Dated this the 1st day of October 2020
Learned counsel for the petitioner submits that the appeal Ext.P11 preferred against the order of the University declining to correct the date of birth has already been dismissed, which is part of Annexure-A1. In this view of the matter, the cause of action in the present writ petition does not survive. The
petitioner is relegated to the remedy of suit for vindication of the grievance, if any.
This writ petition is dismissed with aforementioned observation.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C).No.16879 OF 2020(H)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATED ISSUED ON 06-03-2020 EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 2605-2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER DATED 21-06-2020 OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21-05-2020 OF THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 15-06-2020 OF THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, THIRUVANANTHAPURAM. EXHIBIT P6 TRUE COPY OF THE REPRESENTATIOND ATED 22-06-2020 OF THE PETITIONER FILED BEFORE THE 4THR ESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 29-09-1984 OF THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 27-09-1984 OF THE 4TH RESPONDENT EXHIBIT P9 TRUE COPY OF THE ORDER DATED 07-07-2020 OF THE 4TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 28-072020 IN WP(C) NO. 13070/2020 OF THIS HON'BLE COURT. EXHIBIT P11 TRUE COPY OF THE APPEAL DATED 05-08-2020 FILED BEFORE THE THIRD RESPONDENT. ANNEXURE-A1 TRUE COPY OF THE LETTER NO.ADA1/102/MISC./SELF DRAWING/2018 DATED 20.08.2020 OF THE REGISTRAR OF THE UNIVERSITY //TRUE COPY// P.ATO JUDGE
BINIMOL.K.G
STATE OF KERALA
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
AMIT RAWAL
As recorded by the court registry
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