IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 19664 of 2011(G) --------------------------------------- PETITIONER(S): ----------------------- THANGAL KUNJU MUSALIAR COLLEGE TRUST, KOLLAM-04, REPRESENTED BY THE PRESIDENT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): -------------------------- THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19664 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPROVAL ORDER DATED 13/06/2011 ISSUED BY THE COUNCIL OF ARCHITECTURE. EXT.P2: COPY OF THE COMMUNICATION NO.TKMCT/101/2011 DATED 23/06/2011. EXT.P3: COPY OF THE RECEIPT ISSUED BY THE POSTAL DEPARTMENT. EXT.P4: COPY OF THE SAID COMMUNICATION ISSUED BY THE SUPERINTENDENT OF POST OFFICE, KOLLAM. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19664 OF 2011 ----------------------------------------------------- Dated this the 5th day of August , 2011 J U D G M E N T This writ petition has been filed mainly on the complaint that despite having made affiliation application for the enhanced seats for B.Arch Degree Course for the academic year 2011, the University has not granted affiliation. 2. According to the petitioner based on Ext.P1 approval for additional intake from the Council of Architecture, they submitted Ext.P2 application dated 23-6-2011 to the University. Their grievance is that despite having received the same, the University has not passed any orders so far. 3. Based on the written instructions obtained submissions have been made by the learned Standing Counsel for the University. It is the stand of the University that though they have received Ext.P2 communication from the petitioner, the said letter was not accompanied by any application for affiliation or Ext.P1 order of approval. W.P.(C) No. 19664 OF 2011 :2 : 4. In support of his contention that Ext.P2 was despatched to the University by registered post, although the acknowledgment card has not been produced, Ext.P3 postal receipt and also Ext.P4 communication from the Superintendent of Post Office, Kollam stating that a registered postal letter was delivered to the University on 25.6.2011, have been produced. 5. As already seen the definite case of the University is that though it has received Ext.P2 communication that did not contain, Ext.P1 or the application for affiliation. In the light of the facts as noticed above, there is nothing substantiating the case of the petitioner of having enclosed Ext.P1 and the application for affiliation to Ext.P2 which was delivered to the University. In such circumstances the prayer of the petitioner for directing the University to grant affiliation for the increased intake on the basis of Ext.P1 for the academic year 2010-2012, has to be rejected. W.P.(C) No. 19664 OF 2011 :3 : 6. Therefore, the only course open to the petitioner is to make a fresh application in the proper form, in which case, the University shall consider the same in accordance with law. However taking note of the complaint of the petitioner that if he makes a request, the University will refuse to issue the application for affiliation, I direct that on the production of a copy of this judgment within 10 days thereafter, application form shall be issued and it will be open to the petitioner to submit the same and if it is so submitted along with supporting documents, the same will be considered in accordance with law. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge