The High Court closed a writ petition seeking a stay on college events involving external agencies, noting the petition was filed prematurely as a 'today motion,' rejected interim relief due to suppressed facts, and found the prayers infructuous.
The writ petition was declared infructuous and closed; interim relief was declined.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 10081 OF 2018
PETITIONERS:
BY ADVS. SRI.K.SHAJ SRI.ASWIN T SURESH SRI.ARUN CHAND SRI.C.IJLAL SRI.RENJIT GEORGE SRI.R.N.SANDEEP
RESPONDENTS:
2
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BY ADVS. SMT.AYSHAMMA ABRAHAM SRI.ELVIN PETER, SC, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY SMT.AYSHA ABRAHAM SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 10081 of 2018
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Dated this the 03rd day of June, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
“A) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents 5 to 13 to not conduct "Aagneya2018" programme as referred to in Exhibit P11 letter by involving External agencies/Professional groups/Paid programmes in violation of the directions in Exhibits P1 and P3 circular and P9 letter and the direction contained in Exhibit P2 judgment.
B) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding respondents 1 to 4 and 14 and 15 to ensure that the programmes of the fifth respondent college, including the programme "Aagneya2018" are not conducted in violation of the directions in Exhibits P1 and P3 circular and P9 letter and the direction
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contained in Exhibit P2 judgment and by involving External agencies/Professional groups or professionals.
C) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents 6 to 13 not to utilize the college union fund or the funds illegally collected from the students and sponsors to conduct programmes illegally by involving External agencies/Professional groups and a further direction that if expenses are incurred for involving External agencies/Professional groups, those expenses shall not be borne from the college union fund or the funds illegally collected from the students and sponsors;
D) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents 6 to 13 to return to the students of the fifth respondent college and third party sponsors the funds illegally collected from them.
E) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the fourth respondent to conduct an enquiry into the acts of misappropriation in the conduct of Aagneya17 by illegally utilizing the college funds and to realise the same from the persons who are responsible for the same.
F) To issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the respondents 6 to 13 not to harass the
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petitioners for the reason that they have pointed out the illegalities committed by respondents 6 to 13.
G) to pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and to award the cost of this petition.”[SIC]
consideration on 23.03.2018, this Court passed a detailed order rejecting the interim prayer of the petitioner. The same is extracted hereunder:
“The petitioners, who are students of Government Engineering College, Barton Hill, Thiruvananthapuram, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 5 to 13 not to conduct the Techno Cultural Festival by name 'Aagneya-2018,' as referred to in Ext. P11 letter dated 4.1.2018 of the 6th respondent Principal, by involving external agencies, professional groups, etc. in violation of the directions in Exts.P1 and P3 Government circulars, Ext. P9 letter of the 4th respondent dated 5.2.2018 and also the directions contained in the judgment of this Court in Avinash Das B.A. and others v. University of Kerala and others (2015 (4) KLJ 454).
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"For the reasons stated in the writ petition and the accompanying affidavit, it is humbly prayed that this Hon'ble Court may be pleased to direct respondents 5 to 13 to not conduct "Aagneya 2018" programme as referred to in Exhibit P11 letter by involving External agencies/Professional groups/Paid programmes in violation of the directions in Exhibits P1 and P3 circular and P9 letter and the direction contained in Exhibit P2 judgment and to not utilize the college union
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fund or the funds illegally collected from the students and sponsors to conduct programmes illegally by involving External agencies/Professional groups respondents 1 to 4 and 14 and 15 ensure that "Aagneya 2018" programme as referred to in Exhibit P11 letter or any other programme of the college are not conducted involving External agencies/Professional groups or other professionals, pending disposal of this writ petition."
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abled', for promoting their talents, has also been included in the fest, considering its social value. The learned Government Pleader would also submit that no paid programmes by professional groups/DJ's are permitted. The learned counsel for respondents 9 to 12 has also made similar submissions. The learned counsel has also pointed out that the writ petition moved on 22.3.2018 as 'today motion' is one dated 15.3.2018.
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be deprecated in the strongest terms.
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the writ courts would become impossible.
In such circumstances, the petitioners are not entitled for the interim relief sought for in this writ petition. In the result, the interim relief sought for is declined.
The respondents to file counter affidavit within three weeks.
List after three weeks.”
Thereafter, the Writ petition is listed in the defect
list today because service to the 13th respondent is not complete. After going through the pleadings and the order denying the interim relief, I think the prayers in this writ petition are infructuous. Hence, this Writ petition need not be retained here.
Accordingly, this Writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
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APPENDIX OF WP(C) 10081/2018
| PETITION EXHIBIT |
ER EXHI P1- |
BITS THE TRUE COPY OF CIRCULAR NO.26483/G1/15/.EDN. DATED 12/10/2015 ISSUED BY THE SECOND RESPONDENT. |
|---|---|---|
| EXHIBIT | P2- | THE TRUE COPY OF JUDGMENT IN AVINASH DAS B.A. AND OTHERS VS. UNIVERSITY OF KERALA AND OTHERS REPORTED IN 2015(4) KLJ 454 (MANU/KE/1996/2015). |
| EXHIBIT | P3- | THE TRUE COPY OF CIRCULAR NO.G1/51/2016/H.EDN. DATED 06/06/2016 ISSUED BY THE SECOND RESPONDENT. |
| EXHIBIT | P4- | THE TRUE COPY OF LETTER DATED 01/02/2018 ISSUED BY THE INFORMATION OFFICER OF THE FOURTH RESPONDENT TO AHNAS C.K. |
| EXHIBIT | P5- | THE TRUE COPY OF RECEIPTS ISSUED TO STUDENTS FOR FUNDS TAKEN BY THE COLLEGE UNION ACTIVITIES FROM COLLEGE STUDENTS OF THE GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM. |
| EXHIBIT | P6- | THE TRUE COPY OF LETTER DATED 01/02/2017 ISSUED BY RESPONDENTS 5 TO 13. |
| EXHIBIT | P7- | THE TRUE COPY OF RECEIPTS AND PAYMENTS ACCOUNT STATEMENT FOR THE PERIOD FROM 25/12/2016 TO 21/06/2017 FOR THE PROGRAMME "AAGNEYA IN MARCH 2017 BY THE GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM. |
| EXHIBIT | P8- | THE TRUE COPY OF REPRESENTATION DATED 22/02/2017 SUBMITTED BY THE STUDENTS OF THE GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM TO THE SIXTH RESPONDENT. |
| EXHIBIT | P9- | THE TRUE COPY OF LETTER NO.FIN |
| B3/4166/2018/D.T.E DATED 05/02/2O18 ISSUED BY THE FOURTH RESPONDENT. |
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EXHIBIT P10THE TRUE COPY OF CIRCULAR DATED 16/02/2018 ISSUED BY THE SIXTH RESPONDENT. EXHIBIT P11THE TRUE COPY OF LETTER DATED 04/01/2018 INVITING SPONSORSHIPS FOR THE CONDUCT OF THE SAID PROGRAMME. THE TRUE COPY OF LETTER DATED 04/01/2018 ISSUED BY THE SIXTH RESPONDENT. EXHIBIT P12THE TRUE COPY OF REPRESENTATION DATED 22/02/2018 SUBMITTED BY THE PETITIONERS AND OTHER STUDENTS OF GOVERNMENT ENGINEERING COLLEGE, BARTON HILL, THIRUVANANTHAPURAM TO THE SIXTH RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the writ petition filed belatedly and with incomplete factual disclosure warrants the grant of interim relief regarding the conduct of college festivals involving external agencies.
Colour shows how this judgement treated each authority
Avinash Das B.A. and others v. University of Kerala and othersReferred¶58
Avinash Das B.A. and others v. University of Kerala and others (2015 (4) KLJ 454)
1 provisions across 1 enactments
SYAMLAL H.S
SARATH S.LAL
JUBIN K.P.
ARAVIND S.B.
THE STATE OF KERALA
THE GOVERNMENT ENGINEERING COLLEGE
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
