IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WA.No. 537 of 2008(D) --------------------- AGAINST THE JUDGEMENT IN WPC.22069/2007 Dated 14/08/2007 .................... APPELLANT/3RD RESPONDENT IN WPC: ------------------------------------------- STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVACIS RESPONDENTS/PETITIONER AND 1ST AND 2ND RESPONDENTS IN WPC: ------------------------------------------------------------------------------- 1. MAR THOMA COLLEGE OF SCIENCE AND TECHNOLOGY, CHADAYAMANGALAM P.O., AYUR, KOLLAM DISTRICT, KERALA REPRESENTED BY ITS SECRETARY. 2. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. 3. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.BECHU KURIAN THOMAS R2 & R3 BY ADV. SRI.M.RAJAGOPALAN NAIR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 537 OF 2008 and C.M. Appl.No. 259 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2011 JUDGMENT Antony Dominic, J. This appeal has been filed by the 3rd respondent in W.P.(C) No.22069 of 2007 aggrieved by the directions in the impugned judgment. Along with the appeal, C.M. Appl.No. 259 of 2008 has been filed seeking condonation of delay of 99 days. To the application for condonation delay, counter affidavit has been filed by the 1st respondent. In paragraphs 4 and 5 of the affidavit it is stated thus: “4. It is pertinent to mention in this context that by virtue of the impugned judgment the learned Single Judge had directed the Competent Authority in the University to issue formal orders granting affiliation for the course MSc (Electronics) within an outer period of 3 weeks. As per the said judgment, the Syndicate of the University in its meeting held on 26.09.2007 decided to grant affiliation to the course Msc(Electronics). Pursuant to the said order taken by the Syndicate, the University issued formal orders granting affiliation to the said course thereby complying with the judgment in its entirety. The formal order was issued by the WA No. 537 of 2008 -:2:- University on 07.01.2008 and the same was issued consequent to all the procedural formalities. For the purpose of reference I am producing a copy f the order dated 07.01.2008 issued by the University granting affiliation to the College and the same may be marked as Annexure A. 5. Pursuant to Ann.A order, we paid all the required fee and charges and thereafter commenced the course for the year 2007-08 itself and 4 batches have already undergone/undergoing their course of study in the College for Msc(Electronics). It is in this context that the present application to condone the delay and the writ appeal may be appreciated.” 2. From the above averments in the affidavit, it is obvious that the directions in the judgment have already been implemented by the appellants themselves. In view of the such subsequent developments, we see no reason to examine the contention raised in the appeal. While we condone the delay as sought for, the appeal itself is dismissed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WA No. 537 of 2008 -:3:-