IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 36788 of 2008(D) --------------------------------------- PETITIONERS: --------------------- 1. NASEEM.P.M, W/O.MOHAMMED ZAFFAR, AGED 25 YEARS, 'SHAFI MANZIL', KALOOR, KOCHI-17. 2. TINKU SASI, S/O.V.P.SASI, AGED 19 YEARS, RESIDING AT SREEBHAVAN HOUSE, MARIATHURUTH.P.O, KOTTAYAM,GENERAL SECRETARY, GOVERNMENT AYURVEDA COLLEGE, THRIPUNITHURA. BY ADV. SRI.P.M.HABEEB. RESPONDENTS: ----------------------- 1. THE PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, THRIPUNITHURA., 2. THE DIRECTOR, AYURVEDA MEDICAL EDUCATIONAL DEPT., AROGYA BHAVAN, THIRUVANANTHAPURAM. 3. MAHATMA GANDHI UNIVERSITY, REP.BY ITS REGISTRAR, UNIVERSITY CAMPUS, KOTTAYAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY,HEALTH DEPARTMENT, THIRUVANANTHAPURAM. R1, R2 & R4 BY GOVT. PLEADER SMT. M.R. SREELATHA. R3 BY ADV. SRI. T.A. SHAJI, SC. M.G. UTY., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36788/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER TO THE R.1. DTD. 29/09/2008 SENT BY THE PETITIONER. EXT.P.2: COPY OF THE LETTER NO. A1/3575/08 DTD. 25/09/2008 TO THE R.2. EXT.P.3: COPY OF THE LETTER SENT BY THE P.2. TO THE R.1. EXT.P.4: COPY OF THE REMINDER TO THE R.2. DTD. 31/10/2008 BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No.36788 of 2008 ------------------------------------ Dated this the 16th day of January, 2009 JUDGMENT The dispute in this writ petition is regarding the exact amount of penalty that the petitioner is liable to pay for the delayed surrender of the hostel room. It would appear that the respondents have calculated the amount to be paid as penalty and stated that she has to pay a sum of Rs.4,588/-, which according to the petitioner is excessive. Thereupon, she took up the matter with the principal of the college as per Exhibit P1dated 22/09/2008. By Exhibit P2, it is seen that the Principal has taken up the matter with the second respondent for settling the dispute. Though Exhibit P2 is dated 25/09/2008, there has been no response from the Director in this matter. Petitioner submits that she is liable to pay only Rs.922/- , if the amount is calculated in terms of college calender. It is in view of the pendency of the dispute, non-liability certificate has not been issued. As a result of which, she is not in a position to obtain registration to practice as an Ayurveda Doctor. W.P.(C) No.36788/2008 2 From the documents produced by the petitioner, it is seen that the principal has taken up the matter before the Director. Therefore, it is for the Director to decide the issue and it is also for the Director to grant registration to the petitioner. In view of the above, it is ordered that the petitioner shall produce a copy of this judgment before the second respondent, who shall thereupon take a decision on Exhibit P2 request made by the Principal for settling the controversy regarding the amount payable by the petitioner. Decision on Exhibit P2 shall be taken expeditiously as possible at any rate within two weeks of receipt of copy of this judgment. ANTONY DOMINIC, JUDGE scm