Citation : 2024 Latest Caselaw 13254 Ker
Judgement Date : 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 7443 OF 2012
PETITIONERS:
1 K.R. VISWAMBHARAN (DECEASED)
S/O.K.V.ACHUTHAN, KAAVIL HOUSE, ANCHUMANA ROAD,
EDAPPALLY P.O COCHIN 24 (VICE CHANCELLOR KERALA
AGRICULTURAL UNIVERSITY VALLANIKARA THRISSUR DISTRICT)
2 P.M. KOMALAM
W/O LATE K.R. VISWAMBHARAN, KAAVIL, 37/1911, ANJUMANA ROAD,
EDAPPALLY PO, KOCHI - 682 024
3 ABHIRAMAN VISWAMBHARAN
S/O LATE K.R. VISWAMBHARAN, KAAVIL, 37/1911, ANJUMANA ROAD,
EDAPPALLY PO, KOCHI - 682 024
4 AKHILA VISWAMBHARAN
D/O LATE K.R. VISWAMBHARAN, KAAVIL, 37/1911, ANJUMANA ROAD,
EDAPPALLY PO, KOCHI - 682 024 (ADDL. P2 TO P4 ARE IMPLEADED AS
PER ORDER DATED 25.08.2023 IN I.A. NO.1/2023)
BY ADVS.
SRI.S.SUBHASH CHAND
SRI.SHINDO VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
AGRICULTURAL(FARMS) DEPARTMENT GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM - 695 001
2 THE CHANCELLOR
THE KERALA AGRICULTURAL UNIVERSITY, KERALA RAJ BHAVAN
THIRUVANANTHAPURAM - 695 001
3 THE SECRETARY TO GOVERNOR
KERALA RAJ BHAVAN, THIRUVANANTHAPURAM - 695 001
4 THE KERALA AGRICULTURAL UNIVERSITY
MAIN CAMPUS, KAU P.O, VALLANIKKARA, THRISSUR - 680 656
REPRESENTED BY ITS REGISTRAR.
WP(C) NO. 7443 OF 2012
2
5 THE REGISTRAR
KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS
KAU P.O., VELLANIKKARA, THRISSUR - 680 656
BY ADVS.
SRI. ANTONY MUKKATH, SR.GP
SRI. ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
SRI. SURYA BINOY, SC, KERALA AGRICULTURAL
UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 7443 OF 2012
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.7443 of 2012
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Exts. P9 and P10;
ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 2, 3, 4 & 5 to refrain from enforcing Exts. P9 and P10 against the petitioner;
iii) To issue a declaration that the petitioner is entitled in law to draw pay and allowances admissible to the post of Vice Chancellor of Kerala Agricultural University as per UGC/ICAR scale as provided under Exts. P2, P3, P4 P5, P6 and P7 and any denial of the same is arbitrary and WP(C) NO. 7443 OF 2012
unconstitutional rendering the same liable to be struck down by this Hon'ble Court; and
iv) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs"
2. When this writ petition came up for
consideration, the learned counsel appearing for the
petitioner submitted that, the writ petition can be
closed with liberty to agitate the proceedings, if any,
initiated subsequently against the legal heirs. The
liberty is granted.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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