Kerala High Court
Deepa. B.S vs Protector Of Emigrants, Trivandrum on 20 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6421 OF 2024
PETITIONER:
DEEPA. B.S.
AGED 48 YEARS
D/O. P.S. BALESWARI MANAGING DIRECTOR, IPMS ACADEMY
PRIVATE LIMITED, THYCAUD, THIRUVANANTHAPURAM DISTRICT.
RESIDING AT T.C.5/2761, KAILAS, LOYOLA ROAD, CHERUVAKKAL,
SREEKARYAM P.O., THIRUVANANTHAPURAM DISTRICT., PIN -
695017
BY ADV SHAJIN S.HAMEED
RESPONDENT:
PROTECTOR OF EMIGRANTS, TRIVANDRUM,
OFFICE OF THE PROTECTOR OF EMIGRANTS, 5TH FLOOR NORKA
CENTRE, THYCAUD P.O., THIRUVANANTHAPURAM DISTRICT., PIN -
695014
SRI.GIRISH KUMAR.V., CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6421 OF 2024
2
JUDGMENT
Even though the petitioner challenges Ext.P6
communication, whereby, her institution has been
ordered to be shut down by the respondent, he
concedes that he has preferred Ext.P7 before the
said Authority, explaining her version; and thus
alternatively prays that it be directed to be
taken up and disposed of, without any avoidable
delay; and further that, until such time, all
further action, pursuant to Ext.P6 be ordered to
be deferred.
2. In response to the afore submissions of
the petitioner, as made by her learned counsel -
Sri.Shajin S.Hameed, the learned Central
Government Counsel - Sri.V.Gireesh Kumar,
submitted that, if the petitioner only requires
Ext.P7 to be taken up and disposed of by the
WP(C) NO. 6421 OF 2024
respondent, there does not appear to be any legal
impediment in doing so; but prayed that this
Court may not make any affirmative declarations
in favour of the petitioner and leave it to the
said respondent to take an appropriate decision
thereon, as per law. He added that, until such
time as this is done, further action pursuant to
Ext.P6 will not be taken forward.
In view of the afore submissions, I allow
this writ petition and direct the respondent to
take up Ext.P7 and dispose of the same, after
affording an opportunity of being heard to the
petitioner, thus culminating in an appropriate
order and necessary action, as expeditiously as
is possible, but not later than one month from
the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore
is done and the resultant order communicated to
WP(C) NO. 6421 OF 2024
the petitioner, all further action pursuant to
Ext.P6 will stand deferred and will be taken
forward only depending upon the decision to be
arrived at.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 6421 OF 2024
APPENDIX OF WP(C) 6421/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 PHOTOCOPY OF THE TRUST DEED EXECUTED ON
14/03/2014.
Exhibit-P2 PHOTOCOPY OF THE CERTIFICATE OF INCORPORATION
ISSUED BY THE ASSISTANT REGISTRAR OF
COMPANIES.
Exhibit-P3 PHOTOCOPY OF THE LETTER DATED 27/12/2022
ISSUED BY THE DIRECTORATE OF COLLABORATIVE
PROGRAMMES, ALGAPPA UNIVERSITY.
Exhibit-P4 PHOTOCOPY OF THE CERTIFICATE DATED 04/05/2017
ISSUED BY THE BHARATHIAR UNIVERSITY,
COIMBATORE.
Exhibit-P5 PHOTOCOPY OF THE CERTIFICATE DATED 08/02/2024
ISSUED BY THE BHARAT SEVAK SAMAJ.
Exhibit-P6 PHOTOCOPY OF THE COMMUNICATION DATED
24/01/2024 ISSUED BY THE RESPONDENT.
Exhibit-P7 PHOTOCOPY OF THE REPRESENTATION DATED
25/01/2024 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENT.
