IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 34850 of 2010(E) -------------------------- PETITIONER(S) :- ----------------------- DR. P.MOHAMMED, AGED 55 YEARS, S/O. P.N. VEERAN, SERENE, ADIVARAM,P.O.FAROOK COLLEGE, KOZHIKODE DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN ABRAHAM M.GEORGE SRI.P.G.PRAMOD SRI.RAHUL KANDAMPULLY RESPONDENT(S) :- ------------------------- 1. THE UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM – 676 505. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM – 676 505. 3. REGISTRAR AND RETURNING OFFICER FOR CONDUCTING ELECTION TO SYNDICATE, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM – 676 505. 4. DR. T.K.NARAYANAN, REGISTRAR IN CHARGE, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM-676505. 5. DR. M.R. VIKRAMAN, PRINCIPAL, N.S.S.COLLEGE OF ENGINEERING, PALAKKAD-678001. 6. DR. K.VIJAYAKUMAR, PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THRISSUR-680001. R1 TO R4 BY STANDING COUNSEL MR.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 34850 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the undated Electoral Roll of the Senate Members published by the 3rd respondent on 19.10.2010. Ext.P2 :- Copy of the Election Notification dated 30/10/2010, issued by the 3rd respondent. Ext.P3 :- Copy of the Nomination paper submitted by the petitioner. Ext.P4 :- Copy of the undated Electoral Roll obtained by the petitioner from the 3rd respondent. Ext.P5 :- Copy of the relevant portion of the Malayala Manorama Daily dated 18.11.2010. Ext.P6 :- Copy of the request dated 18.11.2010 by the petitioner to the 3rd respondent. Ext.P7 :- Copy of the Electoral Roll dated 22.12.2009 by the 3rd respondent. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------------------- W.P(C) NO.34850 OF 2010 --------------------------------------------------------- Dated this the 30th day of November, 2010 JUDGMENT This writ petition was filed with the complaint that though petitioner had submitted his nomination for election to the Syndicate of the 1st respondent University, his nomination was wrongly rejected. The matter came up for admission on 19.11.2010 and on the insistence of the counsel for the petitioner, the case was posted to 22.11.2010 for the Standing Counsel of the University to obtain instructions. 2. Accordingly, the standing counsel obtained instructions and on 22.11.2010, arguments were heard in detail and thereafter this court passed an interim order directing that the petitioner's nomination be provisionally accepted and he be permitted to contest the election, subject to the result of the writ petition. 3. Today, when the matter came up, counsel on W.P(C) NO.34850 OF 2010 2 behalf of the petitioner reported that this writ petition has become infructuous and sought dismissal of the writ petition. 4. Counsel for the University submits that in compliance with the interim order, petitioner's nomination was accepted and he was permitted to contest. It is also submitted that the petitioner did not get any vote. This therefore shows that, in the election which was contested by him, even the petitioner did not vote for himself. Hence it is obvious that the petitioner has misused this Court and made the process a mockery. Having regard to all these and taking note of the submission made on behalf of the petitioner that this writ petition has become infructuous I dismiss this writ petition. In the circumstances, I direct the petitioner to pay Rs.5,000/- as costs to the respondent University. ANTONY DOMINIC, JUDGE dmb