IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 18623 of 2006(S) ---------------------------------------- PETITIONER(S): ------------------------- C.S. CHANDRAN NAIR, CHARIVUPARAMBIL VEEDU, KIZHAKKUPURAM, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. SYNDICATE OF MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 4. MANAGER, SAHODARAN AYYAPPAN SMARAKA SNDP YOGAM COLLEGE, SNDP YOGAM OFFICE, KOLLAM. 5. PRINCIPAL, SAHODARAN AYYAPPAN SMARAKA SNDP YOGAM COLLEGE, SNDP YOGAM OFFICE, KOLLAM, KIZHAKKUPURAM, KONNI, PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER FOR R1 ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2&3 SRI.N.N.SUGUNAPALAN (SR.) FOR R4 & 5 SRI.S.SUJIN FOR R4 & 5 SRI.MAHESH V RAMAKRISHNAN FOR R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18623/2006 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION FILED BY THE CONVENER OF THE COLLEGE SAMRAKSHANA SAMITHI. EXT.P2: COPY OF THE JUDGMENT DTD. 1/07/2004 N WP(C) NO.14645/2004. EXT.P3: COPY OF THE REPORT SUBMITTED BY THE DEPUTY REGISTRAR OF THE UNIVERSITY AND A SECTION OFFICER. EXT.P4: COPY OF THE ORDER DTD. 4/08/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DTD. 1/10/2004 IN WP(C) NO.23658/2004. EXT.P6: COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 26/04/2005 IN ITEM NO.39/50/2941. EXT.P7: COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD. 29/04/2005. EXT.P8: COPY OF THE JUDGMENT DTD. 22/12/2005 IN WP(C) NO. 14676/2005. EXT.P9: COPY OF THE JUDGMENT DTD. 8/2/2006 IN WRIT APPEAL NO.235/2006. EXT.P10: COPY OF THE ORDER NO.A1/1/564/2004 DTD. 8/06/2006 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(A): PHOTOGRAPH OF THE PRESENT BUILDING OF THE RESPONDENT COLLEGE AT CHERUMUKKU WITH THE PLAY GROUND. EXT.R5(B): COPY OF THE ORDER DTD. 22/12/2008 ISSUED BY THE M.G. UNIVERSITY. /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C).No.18623 of 2006 ------------------------------------- Dated 21st January, 2009 JUDGMENT Koshy, Ag.C.J . This petition is filed as a Public Interest Litigation. According to the petitioner, he is the Convenor of Sahodaran Ayyappan Smaraka SNDP Yogam College Samrakshana Samithi. Third respondent Syndicate of Mahatma Gandhi University gave permission to shift the Sahodaran Ayyappan Smaraka SNDP Yogam College from the present premises to a new place at a distance of about 10 Kms. Earlier when this matter came up before this court, this court directed the Syndicate to consider the matter after conducting inspection etc. and by Ext.P10 order the Syndicate considered the matter in detail. An inspection commission was sent. Detailed report of the inspection commission was also considered. After considering the above, it was decided to retain the college in the present premises. Following is the operative portion of Ext.P10 order: “The Syndicate as per reference (6) above, considered the whole matter in detail and based on the recommendations of the re-inspection team and considering the practical difficulty that may W.P.(C)No.18623/2006 2 be caused to the student community in shifting the campus again to Attachakkal, resolved to grant permission to retain the site at Cherrimukku as the main campus of SAS SNDP Yogam College, Konni. The Syndicate also resolved that the Management shall acquire more landed property at Cherimukku at the earliest, preferably within a period of one year, so as to provide more facilities to the college and thereby extend maximum conveniences to the students. The Syndicate further resolved that the 15 acres of land the College had at Attachakkal shall also be developed as a satellite campus of the college by constructing Hostels for the students and also by starting new Departments etc. for the college.” We are of the view that the decision taken by the University, an autonomous body, after considering the entire facts need not be interfered by this court by exercising jurisdiction under Article 226 of the Constitution of India. The writ petition is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks