Kerala High Court
Urmila Gopan vs T.R.Shamsudheen on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
CONTEMPT CASE(C) NO. 299 OF 2021(S) IN WP(C)15212/2019
PETITIONERS/PETITIONERS IN WPC:
1 URMILA GOPAN, AGED 19 YEARS, D/O GOPAKUMAR,
KAILAS BHAVAN, VYTILLA P.O., ERNAKULAM-682 019.
2 SAJIDH K.S., AGED 18 YEARS, PETITIONER NO.31 IN WPC
S/O.SUBAIR K.A., KANDATHIN KARAYIL HOUSE,
KARIMANOOR P.O., IDUKKI - 685 581.
3 ANANDAKRISHNAN. S, AGED 19 YEARS, PETITIONER NO.43 IN WPC
S/O SAJU BHARATHAN, EVOOR NORTH, CHEPPADU P.O., ALAPPUZHA-690 507.
4 JOSNAMOL, AGED 19 YEARS, PETITIONER NO.13 IN WPC
D/O JOSE PETER, KODUVELIPARAMBIL HOUSE, NEAR ASSISSI,
ALUVA P.O., ERNAKULAM-683 101.
5 ABHIJITH P.S., AGED 19 YEARS, PETITIONER NO.16 IN WPC
S/O SAJEEV P.K., PARACHALIL HOUSE, KOMBANAD P.O.,
ERNAKULAM-683 546.
6 ANSIL. H, AGED 19 YEARS, PETITIONER NO.17 IN WPC
S/O HANEEFA K.M., KODIYANTHATTU HOUSE, MANNANCHERRY P.O.,
ALAPPUZHA-688 538.
7 SHALIMA JOY, AGED 19 YEARS, PETITIONER NO.22 IN WPC
D/O JOY THOMAS, CHAKKALACKAL HOUSE, HOUSE NO.8/1803,
CHULLICKAL, COCHIN-682 005.
8 AARYAN RAJ, AGED 19 YEARS, PETITIONER NO.25 IN WPC
S/O G.RAJENDRAN NAIR, CHAITHRAM HOUSE, MATHILAKAM,
CHERTHALA P.O., ALAPPUZHA-688 524.
9 LEOBA YEDHUKULAN, AGED 19 YEARS, PETITIONER NO.34 IN WPC
D/O K.V.YEDHUKULAN, KALLUVEETTIL, ANANDAPURAM,
KOMBARA, KOCHI-682 018.
P.T.O.
10 BLESSEN BABU, AGED 20 YEARS, PETITIONER NO.38 IN WPC
S/O BABU DANIEL, DENSON COTTAGE, PULIYOOR P.O.,
CHENGANNUR, ALAPPUZHA-689 510.
11 SOORAJ SANIL, AGED 19 YEARS, PETITIONER NO.44 IN WPC
S/O SANIL KUMAR, VINAYAKA BHAVAN, NEELESWARAM P.O.,
KOTTARAKKARA-691 505.
12 MEREENA MARIAM JIBU, AGED 20 YEARS, PETITIONER NO.45 IN WPC
D/O JIBU JOSE, PADAYATHU PUTHAN VEEDU, PARACODE P.O.,
ADOOR, PATHANAMTHITTA.
13 VISHAL P.R, AGED 18 YEARS, PETITIONER NO.46 IN WPC
S/O A.R.RAJENDRAN NAIR, PAMPA HOUSE, MELPADAM P.O.,
MANNAR, ALAPPUZHA-689 627.
14 ANITH ANIL, AGED 19 YEARS, PETITIONER NO.47 IN WPC
S/O ANIL KUMAR, AISWARYA HOUSE, CHALANCHERRY ROAD,
THEVARA, COCHIN-682 013.
15 ANN MARY K.A, AGED 18 YEARS, PETITIONER NO.53 IN WPC
D/O. ANJILOSE MARTIN K.S, KALLUPURAKKAL HOUSE,
KOONAMMAVU P.O., ERNAKULAM- 683 518.
16 ANZAR RAHIM, AGED 20 YEARS, PETITIONER NO.57 IN WPC
S/O ABDUL RAHIM, KANDANKERIL HOUSE, MALAMEL BHAGOM,
ALAPPUZHA-690 572.
17 NISHIN K.K, AGED 22 YEARS, PETITIONER NO.59 IN WPC
S/O SADANANDAN K.K, KUZHIKKADAN KUNNETH, KANNADIPOYIL P.O.,
BALUSSERY, KOZHIKODE-673 612.
18 THOMAS KURIAKOSE, AGED 19 YEARS, PETITIONER NO.60 IN WPC
S/O T.T.KURIAKOSE, VALLAMKUZHIYIL HOUSE, KOOTHATTUKULAM P.O.,
ERNAKULAM-686 662.
19 JAYASREE. P, AGED 18 YEARS, PETITIONER NO.61 IN WPC
D/O PANDI. P, CHITTATHUKATTIL HOUSE, EDAYAPPURAM,
ALUVA P.O., ERNAKULAM-683 101.
P.T.O.
20 KARTHIK RETHEESH, AGED 20 YEARS, PETITIONER NO.58 IN WPC
S/O RETHEESH KUMAR, RETHEESH BHAVANAM, THRIKKUNNAPUZHA P.O.,
PATHIYANKARA, ALAPPUZHA-690 515.
21 MUSHTHAQ MOHAMMED, AGED 19 YEARS, PETITIONER NO.32 IN WPC
S/O MOHAMMED, NOORA MANZIL, VANDANAM P.O., ALAPPUZHA.
22 REJO THOMAS KADUKKARA, AGED 19 YEARS, PETITIONER NO.23 IN WPC
S/O THOMAS GEORGE, KADUKKARA HOUSE, VENMONY P.O., CHENGANNUR-689
507.
23 DON JOSEPH, AGED 25 YEARS, PETITIONER NO.40 IN WPC
S/O JOSEPH JOHN, KOIPURAM HOUSE, KURISUMOOD P.O.,
CHANGANACHERRY, KOTTAYAM DISTRICT.
24 AJAY KRISHNA, AGED 19 YEARS, PETITIONER NO.41 IN WPC
S/O MANOJ KUMAR, THADAHIL HOUSE, THULAPPALLY P.O.,
NARANAMTHODU, PATHANAMTHITTA-686 510.
25 SANJAI. S, AGED 19 YEARS, PETITIONER NO.4 IN WPC
S/O SURESH, SUBASH, KUNDATHIL HOUSE, MANNANCHERRY,
ALAPPUZHA-683 110.
26 MUHAMMED MUHSIN, AGED 20 YEARS, PETITIONER NO.27 IN WPC
S/O MUJEEB T.K, THOTTIPARAMBIL HOUSE, VENGALLUR P.O.,
THODUPUZHA, IDUKKI DIST.
27 ABHISHEK. M.R, AGED 19 YEARS, PETITIONER NO.30 IN WPC
S/O RAJESH M.R, MAYILENNAKUZHIL HOUSE, MULANTHURUTHY P.O.,
ERNAKULAM-682 314.
28 THANSEEM RASHEED, AGED 21 YEARS, PETITIONER NO.31 IN WPC
S/O RASHEED. U, CHEERAMATH HOUSE, KANNAMPALLY BHAGOM,
KAYAMKULAM P.O., ALAPPUZHA-690 502.
29 MOHAMMED SANJIND SIRAJ, AGED 20 YEARS, PETITIONER NO.36 IN WPC
S/O C.V.SIRAJ, RAHMAN COTTAGE, MUNDOK, MAHE, PIN-673 310.
BY ADVOCATE SMT.SHERLY THOMAS.
P.T.O.
RESPONDENT/RESPONDENT NO.3:
MR.T.R. SHAMSUDHEEN, CHAIRMAN,
THE COCHIN INSTITUTE OF SCIENCE AND TECHNOLOGY, ETTAPALLY,
MANNATHOOR P.O., MUVATUPUZHA, ERNAKULAM-686 723,
PRESENT ADDRESS: MR.T.R.SHAMSUDEEN, AGED 30 YEARS,
S/O MR.K. RAHEEM, 1C7/24 F, THOPPILTHODI HOUSE, CHERUR DESOM,
VIYYUR VILLAGE, THRISSUR TALUK, CHERUR P.O., THRISSUR-680 008.
ADV. SMT.K.N.RAJANI FOR RESPONDENT
This Contempt of court case (civil) having come up for orders on
07.04.2022, the court on the same day passed the following:
RAJA VIJAYARAGHAVAN V, J.
-----------------------------------
Cont. Case (C) No. 945 of 2020
&
Cont. Case (C) No. 299 of 2021
-------------------------------------------
Dated this the 7th day of April, 2022
ORDER
The petitioners in these Contempt Cases were students who had secured
admission in various branches in the Cochin Institute of Science and Technology,
Mannathur. They had approached this Court contending that the College had
miserably failed to provide even the minimum facilities, infrastructure wise,
faculty wise and amenities wise, to enable them to pursue the course. They
had approached this Court being aggrieved by the refusal on the part of the
Principal in recommending their application for intercollege transfer to other self
financing colleges.
2. By judgment dated 31.5.2019 in W.P.(C) No.14156/2009 and
connected cases, this Court, after having considered the entire facts, had
disposed of the writ petitions by issuing directions. It was inter alia ordered that
the students shall be relieved in time and all the necessary documents shall be
released to enable them to join the new college in time.
Cont.Case (C) Nos.945/2020 &
299/2021
3. Though the matter was challenged in appeal, by filing W.A.No.1363
of 2019, the judgment of the learned Single Judge was not interfered with.
4. The learned counsel submits that in terms of the directions issued
by the learned Single Judge the amounts due to the college by way of fees have
already been remitted.
5. Contending that the respondent has wilfully flouted the directions
issued by this Court and has not released the certificates of the petitioners, they
have filed these contempt cases.
6. On 22.10.2020, this Court recorded the fact that 75 students are
yet to get the original certificates and the submission of the learned counsel that
huge amounts are being demanded for handing over the certificates was also
noted.
7. On 1.2.2021, the appearance of the respondent was ordered and
on 2.8.2021, he appeared in person.
8. Though the certificates of some of the students have been released
about 23 students, the details of which are mentioned below, the original SSLC
as well as Plus Two Certificates have not yet been released. According to the
Cont.Case (C) Nos.945/2020 &
299/2021
petitioners, the list of students who are yet to get the original certificates in
Cont. Case No. 299/2021 are as follows:
1. URMILA GOPAN (PETITIONER NO.1)
2. ANANDAKRISHNAN S. (PETITIONER NO.3)
3. JOSNAMOL (PETITIONER NO.4)
4. ANSIL H (PETITIONER NO.6)
5. AARYAN RAJ (PETITIONER NO.8)
6. SOORAJ SANIL (PETITIONER NO.11)
7. VISHAL P.R. (PETITIONER NO.13)
8. ANN MARY K.A. (PETITIONER NO.15)
9. ANZAR RAHIM (PETITIONER NO.16)
10. MUSHTHAQ MOHAMMED (PETITIONER NO.21)
11. REJO THOMAS KADUKKARA (PETITIONER NO.22)
12. AJAY KRISHNA (PETITIONER NO.24)
According to the petitioners, the list of students who are yet to get the
original certificates in Cont. Case No. 945/2020 are as follows:
1. SACHIN GEORGE (PETITIONER NO.1)
2. BODHAN D'SILVA (PETITIONER NO.2)
Cont.Case (C) Nos.945/2020 &
299/2021
3. K.ADARSH NAG (PETITIONER NO.6)
4. BADUSHA JALAL (PETITIONER NO.8)
5. KISHORE KURIAKOSE (PETITIONER NO.11)
6. ASHIKLAL K.L. (PETITIONER NO.18)
7. ABIN BINOY (PETITIONER NO.23)
8. ATHUL S.U. (PETITIONER NO.29)
9. FEBINA NASAR (PETITIONER NO.41)
10. FARSANA S.N. (PETITIONER NO.42)
11. MATHEW A KURIAN (PETITIONER NO.43)
9. When the matter came up for consideration on 27.01.2022, the
learned counsel appearing for the respondent had submitted before this Court
that she shall ensure that the certificates of the remaining students also shall be
released. Thereafter the case was posted on 25.02.2022 and 15.03.2022.
10. Having considered the submissions of the learned counsel appearing
for both sides, I find no justification on the part of the respondent in not
handing over the original certificate of the students which were handed over at
the time of admission. If the original certificates of the students whose details
are mentioned above, are not handed over on or before 17.5.2022, the
Cont.Case (C) Nos.945/2020 &
299/2021
respondent shall appear in person and show cause why he shall not be
proceeded against for wilfully flouting the directions issued by this Court.
Post on 18.05.2022.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DSV
07-04-2022 /True Copy/ Assistant Registrar
