IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Cont.Case(C).No.725 of 2008(S) ------------------------------------------------- ARISING OUT OF THE JUDGEMENT IN W.A.NO.1711/2007 DATED 26/09/2007. .................... PETITIONER/RESPONDENT:- -------------------------------------------- FATHIMA MEMORIAL EDUCATIONAL TRUST, (ORIENTAL COLLEGE OF TEACHER EDUCATION), POONATH - P.O, NADUVANNOOR - VIA, CALICUT DISTRICT, REPRESENTED BY ITS SECRETARY SHOUKATHALI, S/O.MAMMUKUTTY, AGED 32 YEARS. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT/1ST APPELLANT:- ------------------------------------------------- T.K.NARAYANAN, S/O. KOPPUNNI, AGED 54 YEARS, REGISTRAR IN CHARGE, CALICUT UNIVERSITY. BY STANDING COUNSEL SRI.P.C.SASIDHARAN. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------ Cont. Case (C) No.725 2008 ------------------------------------------ Dated, this the 12th day of June, 2008 JUDGMENT H.L.Dattu, C.J. Complainant is an Educational Trust. In this contempt petition filed, the Trust complains that the respondent University has failed to comply with the orders and directions issued by this Court in W.A.No.1711 of 2007 dated 26th September, 2007. They further state, that, the action of the University in not complying with the orders and directions issued by this Court would amount to contempt of court as defined in Section 2(b) of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India. Therefore, a request is made to initiate appropriate contempt proceedings against the respondent and punish him for the wilful and deliberate disobedience of the orders and directions issued by this Court. The complainant further states that by issuing Annexure VIII order dated 14.3.2008, the respondent intends to frustrate the orders passed by this Court. 2. Pursuant to the direction issued by this Court in W.A.No.1711 of 2007, the respondent University has granted provisional affiliation to the petitioner college for the academic year 2007-08. That only means that they have substantially complied with the orders and directions issued by this Court. 3. The other grievance of the complainant is that the respondent University by issuing Annexure VIII order dated 14.3.2008 has frustrated the orders passed by this Court. On instructions Sri.P.C.Sasidharan, learned counsel appearing for the respondent would submit that the Deputy Registrar who has issued the aforesaid order will withdraw the same forthwith. Con. Case (C) No.725 of 2008 2 4. In view of all these developments, in our opinion, for the present, nothing survives in this contempt petition for our consideration and decision. Therefore, the contempt proceedings are dropped. Petitioner is at liberty to make an appropriate application before the respondent University for grant of continued affiliation. It is needless to say, that, if and when such an application is made, the respondent University will consider the same in accordance with law and in terms of the orders passed by this Court in W.A.No.1711 of 2007 dated 26.9.2007. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk