Lohitha vs Kerala Agricultural University
2023 Latest Caselaw 6927 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                    WP(C) NO. 20390 OF 2023
PETITIONER/S:

            LOHITHA, AGED 24 YEARS
            D/O NEERAJA, HOUSE NO.5-233/1, BHARATHAMMITTA
            PAKKALA VILLAGE, ANDHRA PRADESH, PIN - 517112
            BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
    1     KERALA AGRICULTURAL UNIVERSITY
          KAU MAIN CAMPUS, KAU P.O VELLANIKKARA, THRISSUR-
          680656 REP BY ITS REGISTRAR, PIN - 680656
    2     VICE CHANCELLOR
          KERALA AGRICULTURAL UNIVERSITY KAU MAIN CAMPUS,
          KAU P.O VELLANIKKARA, THRISSUR, PIN - 680656
    3     REGISTRAR
          KERALA AGRICULTURAL UNIVERSITY KAU MAIN CAMPUS,
          KAU P.O VELLANIKKARA, THRISSUR, PIN - 680656
    4     DEAN
          COLLEGE OF AGRICULTURE VELLAYANI,
          THIRUVANANTHAPURAM, PIN - 695522
    5     SUPERINTENDENT
          WOMEN'S PRISON ATTAKULANGARA, THIRUVANANTHAPURAM,
          PIN - 695036
    6     CIRCLE INSPECTOR OF POLICE
          THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM,
          PIN - 695027
          BY ADV SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
          UNIVERSITY (KAU)
OTHER PRESENT:
          SRI.B.S.SYAMANTAK, GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   22.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 20390 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 20390 of 2023
                         =============================================================

                       Dated this the 22nd day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to forthwith permit the petitioner to appear for the Viva Voce examinations to be conducted from 24 th June on which day the Viva for Floriculture is scheduled and Viva for Biocontrol which is scheduled for 27th June 2023;

ii. issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 5th respondent to forthwith produce the petitioner before the College at Vellayani so as to enable her to appear for the Viva Voce examinations to be conducted from 24th June on which day the Viva for Floriculture is scheduled and Viva for Biocontrol which is scheduled for 27th June 2023;

iii. issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 6th respondent to afford necessary and adequate police protection to the petitioner so as to enable her to appear for the Viva Voce examinations to be conducted from 24 th June on which day the Viva for Floriculture is scheduled and Viva for Biocontrol which is scheduled for 27th June 2023;

W.P.(C). No. 20390 of 2023

iv. dispense with the production of translation of vernacular documents;

v. Issue any such other writ, appropriate order or direction. as this Hon'ble Court may deems fit and proper considering the facts and circumstances of the case." (sic)

2. The petitioner is admittedly a remanded accused in a

criminal case. The petitioner want to write an examination, which is

scheduled on 24th and 27th June 2023. This Court need not entertain a

writ petition, under Article 226 of the Constitution of India, in such

cases. The petitioner can approach the Court concerned with

appropriate application.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20390 of 2023

APPENDIX OF WP(C) 20390/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR NO.408/2023 DATED 25.5.2023 WITH FIS Exhibit P2 TRUE COPY OF THE ORDER DATED 17.6.2023 IN CRL MC NO.1653/2023 OF THE HON'BLE SESSIONS COURT, THIRUVANANTHAPURAM