IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Con.Case(C).No. 444 of 2010(S) ------------------------------ (AGAINST THE ORDER IN W.P.(C)NO.32897 OF 2009) PETITIONER(S): PETITIONER ------------------------- MR.A.ABDURAHIMAN,S/O.MAKKAR PILLAY, AGED 72 YEARS,SECRETARY,KERALA CO-OPERATIVE HOSPITAL FEDERATION LTD,HAVING ITS REGIONAL OFFICE AT NETTUR(P.O),TELLICHERRY, PIN-670 105. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): RESPONDENT ------------------------- SRI.K.M.ABDU RASHEED,REGISTRAR, KANNUR UNIVERSITY,MANGATTUPARAMBA, KANNUR-670 567. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- Contempt Case (C)No.444 of 2010 ---------------------------- Dated 6th April, 2010 JUDGMENT Heard Sri.C.P.Mohammed Nias, learned counsel appearing for the petitioner and Sri.M.Sasindran, learned counsel appearing for the respondent. 2. By Annexure 4 interim order this Court had stayed Annexure 3 order in so far as it relates to levy of annual administration fee of Rs.5 lakhs. Annexure 3 order was produced and marked as Ext.P7 in W.P.(C)No.32897 of 2009. Annexure 3 order is dated 21.10.2009. Annexure 4 interim order was passed on 26.11.2009. It is evident from the pleadings that even before Annexure 4 interim order was passed, the petitioner has paid the sum of Rs.5 lakhs towards annual administration fee. The petitioner states that in view of Annexure 4 order, the respondent ought to have refunded the said sum or granted affiliation to the petitioner's institution. In my opinion, there is no merit in the said contention. In Annexure 4 order this Court did not direct the Kannur University to grant affiliation. This Court had only stayed the levy of annual administration fee. Since the petitioner had already paid the said COC.No.444/2010 2 amount before the interim order was passed, the petitioner's remedy is to either move this Court seeking refund of the annual administration fee or to seek further orders from this Court regarding grant of affiliation. Without prejudice to that right and the right of the respondent to oppose such requests, this contempt case is closed. P.N.RAVINDRAN Judge TKS