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 MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Cont.Case(C).No.1286 of 2008(S) ------------------------------------------------------ ARISING OUT OF THE JUDGMENT IN W.P.(C).NO.15339/2007-A, DATED 23/05/2008. .................... PETITIONER/PETITIONER IN THE WP(C):- ------------------------------------------------------------- VIKRAM SARABHAI EDUCATIONAL TRUST & B.Ed. COLLEGE, KAIPAMANGALAM, THRISSUR DISTRICT, REPRESENTED BY ITS CHAIRMAN K.D.NEELAMBARAN, S/O.DAMODARAN, AGED 57 YEARS, RESIDING AT KAITHAVALAPPIL HOUSE, KAIPAMANGALAM BEACH, KAIPAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI.K.R.B.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL RESPONDENT/IST RESPONDENT IN THE WP(C):- ------------------------------------------------------------------------ DR.T.K.NARAYANAN, S/O.T.T.APPUNNY, AGED 53 YEARS, REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY OFFICE, THENHIPALAM, MALAPPURAM DISTRICT, RESIDING AT THENHIPALAM, MALAPPURAM DISTRICT. BY STANDING COUNSEL FOR CALICUT UNIVERSITY SRI.P.C.SASIDHARAN. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------- Cont. Case (Civil) No.1286 of 2008-S ---------------------------------------------------- Dated, this the 20th day of October, 2008 JUDGMENT H.L.Dattu, C.J. Inter alia, alleging that the respondent has disobeyed the orders and directions issued by this Court in W.P.(C) No.15339 of 2007 dated 23rd May, 2008, the petitioner in the writ petition is before us in this contempt petition. 2. The main grievance of the petitioner is that though there is a specific direction issued by this Court to grant provisional affiliation for starting B.Ed. College under the management of the petitioner Trust for the academic year 2007-2008, respondent has granted provisional affiliation only for the academic year 2008-2009. 3. After hearing the learned counsels for the parties and tentatively being of the opinion that the respondent has wilfully and deliberately disobeyed the directions issued by this court, for the purpose of framing charge, we had directed the Registrar of the University to be present before this court today. 4. Now, the Registrar has filed an affidavit offering COC No. 1286/2008 -2- unconditional apology to this Court and also has produced an order dated 17.10.2008, modifying their earlier order. 5. The order of the University reads as under: “UNIVERSITY OF CALICUT (Abstract) Affiliation - Provisional - for starting a new unaided B.Ed. college - Vikram Sarabhai B.Ed. College, Kaipamangalam, Thrissur (Dt.) for 2007-2008 - Sanctioned - Orders issued. --------------------------------------------------------------------------------- GENERAL AND ACADEMIC BRANCH-I No.GAI/D2/3737/07 Dated, Calicut University.P.O., 17.10.2008 -------------------------------------------------------------------------------- Read: University Order of even No.dated 06.08.2008. ORDER In the University Order read above, the academic year mentioned as 2008-2009 is substituted as 2007-2008. Orders are issued accordingly. Sd/- DEPUTY REGISTRAR (G&A I) For REGISTRAR”. 6. In view of this development, in our opinion, at this stage we need not have to take cognizance of the complaint filed by the complainant. Accordingly, we drop the contempt proceedings by placing on record the order passed by the University dated 17.10.2008. COC No. 1286/2008 -3- 7. In view of the order passed in the contempt petition, no further orders need be passed in I.A.No.633/2008 and I.A.No.634/2008 and therefore these applications are closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk.