IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 4394 OF 2022
PETITIONER:
CSB BANK LTD
ASSET RECOVERY BRANCH
(FORMERLY CATHOLIC SYRIAN BANK LTD).
CHITTUR ROAD, ERNAKULAM- 16
REPRESENTED BY ITS CHIEF MANAGER.
BY ADV S.EASWARAN
RESPONDENTS:
1 COMMISSIONER OF ENTRANCE EXAMINATIONS
5TH FLOOR, KSHB BUILDING,
SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
2 M/S.NOORUL ISLAM TRUST
AL-AZHAR CAMPUS , PERUMPILLICHIRA,
THODUPUZHA - 685605,
REPRESENTED BY ITS CHAIRMAN K.M.MOOSA
3 K M MOOSA
CHAIRMAN
MS.NOORUL ISLAM TRUST,
S/O.LATE MYTHEEN,
KOTTAKUNUNEL HOUSE, RANDAR, MUVATTUPUZHA - 686 673.
4 P M RAJEENA
TREASURER
MS.NOORUL ISLAM TRUST,
W/O.K.M.MOOSA,
KOTTAKUNNEL HOUSE, RANDAR P.O.,
MUVATTUPUZHA - 686 673.
5 K M MIJAS
SECRETARY
MS.NOORUL ISLAM TRUST,
KOTTAKUNNEL HOUSE, RANDAR P.O.,
MUVATTUPUZHA - 686 673.
WP(C) NO. 4394 OF 2022 2
6 K.M.PAIJAS
TRUSTEE
MS.NOORUL ISLAM TRUST,
KOTTAKUNNEL HOUSE, RANDAR P.O.,
MUVATTUPUZHA - 686 673.
7 ASIYA SALIM S
W/O KM MIJAS
TRUSTEE
MS.NOORUL ISLAM TRUST,
KOTTAKUNNEL HOUSE, RANDAR P.O.,
MUVATTUPUZHA - 686 673.
8 K M MEERAN MOULAVI
SON OF LATE KUNJUPILLA,
KAKKATTU HOUSE,RANDAR P.O.,
MUVATTUPUZHA - 686 673.
9 P.M.ANUS
SON OF LATE P.K.MOHAMMED,
MATTAKOMBANAL HOUSE,
PARANANI P.O., ERATTUPETTA - 686 121.
10 K.M.AMEENA
WIFE OF LATE MYTHEEN,
KOTTAKUNNEL HOUSE, RANDAR P.O.,
MUVATTUPUZHA - 686 673.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.M.PEER MOHAMMED KHAN
SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)
GIRISH KUMAR V.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4394 OF 2022 3
JUDGMENT
The petitioner has extended credit facilities to the 2 nd respondent Trust which runs the Al-Azar Dental College, Thodupuzha. Under the terms of the agreement between the petitioner and the 2nd respondent Trust, any amount of fee that is collected from the students admitted to the College by the Commissioner for Entrance Examinations has to be remitted first to the account maintained with the petitioner Bank for that purpose. It is submitted that the petitioner was forced to approach this Court praying for certain directions to the Entrance Commissioner regarding release of the fee collected on account of the fact that the Debts Recovery Tribunal was not sitting.
2. The learned counsel appearing for the 2 nd respondent Trust would submit that it has no objection to a direction being issued to the Commissioner for Entrance Examinations to transfer the entire amount collected towards fees from students admitted to the College to the account maintained by the petitioner Bank for this purpose.
3. The learned Government Pleader appearing for the Commissioner for Entrance Examination says that in so far WP(C) NO. 4394 OF 2022 4 academic year 2021-2022 is concerned, the amount collected as fee from the students is yet to be transferred to the respective Colleges.
4. Though, normally, this Writ Petition would have been ordered directing the petitioner to to approach the Tribunal for appropriate reliefs, considering the fact that parties are in agreement, I am of the opinion that for this academic year a direction can be issued as prayed for in the Writ Petition without relegating the parties to the Tribunal. Accordingly this Writ Petition will stand disposed of directing the Commissioner for Entrance Examinations, Thiruvananthapuram to remit the amount of fee collected from students admitted to the Al-Azar Dental College, Thodupuzha for academic year 2021-2022 to account No.0176-02777872-195001 maintained with the Thodupuzha Branch of the petitioner Bank as expeditiously as possible and at any rate within a period of 6 weeks from the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P.
JUDGE ats WP(C) NO. 4394 OF 2022 5 APPENDIX OF WP(C) 4394/2022 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PROCEEDINGS DATED 19.7.2019 IN OA 288 OF 2018 ON THE FILES OF DEBT RECOVERY TRIBUNAL-II ERNAKULAM.
EXHIBIT P2 COPY OF THE IA NO 1024 OF 2020 IN OA 288 OF 2018 ON THE FILES OF DRT-II ERNAKULAM.
EXHIBIT P3 COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT HEREIN TO IA NO 1024 OF 2020 IN OA 288 OF 2018 BEFORE THE DRT-II ERNAKULAM.
EXHIBIT P4 COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENTS 3 TO 10 HEREIN TO IA 1024 OF 2020 IN OA 288 OF 2018 BEFORE THE DRT-II ERNAKULAM.
EXHIBIT P5 COPY OF THE ORDER DATED 18.2.2021 IN IA NO 1024 OF 2020 IN OA 288 OF 2018 ON THE FILES OF THE DRT-II ERNAKULAM.
EXHIBIT P6 COPY OF THE LETTER DATED 26.3.2021 ADDRESSED TO THE 1ST RESPONDENT BY THE PETITIONER.
EXHIBIT P7 COPY OF THE ORDER DATED 16.12.2021 IN SLP 10911 OF 2021 PASSED BY THE SUPREME COURT OF INDIA. EXHIBIT P8 COPY OF THE INTERIM ORDER DATED 30.3.2021 IN WP 8446 OF 2021 ON THE FILES OF THIS HON'BLE COURT