University Of Kerala vs C Laileshwaran
2024 Latest Caselaw 9380 Ker

Kerala High Court

University Of Kerala vs C Laileshwaran on 3 April, 2024

Author: V.G.Arun

Bench: V.G.Arun

W.A.No.1022 of 2016                   1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

                                      &

                      THE HONOURABLE MR.JUSTICE V.G.ARUN

     WEDNESDAY, THE 3RD DAY OF APRIL      2024 / 14TH CHAITHRA, 1946

                             WA NO. 1022 OF 2016

   AGAINST THE ORDER/JUDGMENT DATED 09.03.2016 IN WPC NO.32360 OF
                    2014 OF HIGH COURT OF KERALA

APPELLANT:

              UNIVERSITY OF KERALA
              UNIVERSITY CAMPUS, THIRUVANANTHAPURAM - 695 035 REP.
              BY ITS REGISTRAR

              BY ADVS.
              SRI.BECHU KURIAN THOMAS (SR.)
              SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA
              SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA


RESPONDENTS:

      1       C LAILESHWARAN
              S/O CHELLAPPAN,HALASYA MADAM,
              VALIYARATHALA,OORUTTAMBALAM, NEYYATINKARA,
              THIRUVANANTHAPURAM 695 013

      2       THE KERALA LOK AYUKTA
              REP.BY ITS REGISTRAR, THIRUVANANTHAPURAM - 695 033

              BY ADVS.
              SRI.SAJITH KUMAR V.
              SMT.RENU. D.P., SC, LOK AYUKTA


OTHER PRESENT:

              ADV.ASWIN P.JOHN FOR ADV. THOMAS ABRAHAM SC FOR KERALA
              UNIVERSITY
 W.A.No.1022 of 2016              2

              SR.GP.K.P.HARISH

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.1022 of 2016                     3




                              A. J. Desai, C.J.
                                         &
                               V.G. Arun, J.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                            W.A.No.1022 of 2016
                  ---------------------------------------------
                   Dated this the 3rd day of April 2024


                                  JUDGMENT

V.G.Arun.J.

The writ appeal is filed aggrieved by the refusal of the learned

Single Judge to consider the prayer for quashing Ext.P1 complaint.

2. We heard the learned Counsel for the petitioner University and

the learned Counsel for the respondents.

3. Having gone through the records, including Ext.P3 order and

Ext.P5 judgment, we are of the definite opinion that the maintainability

of Ext.P1 complaint cannot be gone into, since that question stands

concluded by Ext.P3 order, as affirmed by the Division Bench vide Ext.P5

judgment.

4. The other grievance of the appellant, viz;regarding the directions

in Ext.P7 order, need not also be considered in proceedings under Article

226, in view of the liberty granted by the learned Single Judge to raise

the plea regarding impossibility of compliance of the directions before

the Lok Ayukta itself, by pointing out the intervening circumstances and

the introduction of the Kerala Public Service Commission (Additional

functions as respects the services under the Universities) Act,2015.

5. Hence, we find no reason to interfere with the impugned

judgment.

The writ appeal is accordingly dismissed.

Sd/-

A. J. Desai Chief Justice Sd/-

V.G. Arun Judge dpk