Kerala High Court
Mukhathala Gramodharana Trust vs University Of Kerala on 10 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 14261 OF 2025 1
2025:KER:41013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO. 14261 OF 2025
PETITIONER:
MUKHATHALA GRAMODHARANA TRUST,
MUKHATHALA P.O., KOLLAM,
REPRESENTED BY ITS PRESIDENT, M. SAJEEV,
S/O MOHAMMED KASIM, MUKULAVILA HOUSE, CHENDAPOOR,
DECENT JUNCTION P.O, KOLLAM, PIN - 691577.
BY ADVS.
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENTS:
1 UNIVERSITY OF KERALA,
REPRESENTED BY REGISTRAR, PALAYAM.P.O,
THIRUVANANTHAPURAM, PIN - 695034.
2 UIT MUKHATHALA,
(INSTITUTION CONDUCTED BY THE UNIVERSITY OF
KERALA) MUKHATHALA P. O., KOLLAM - REPRESENTED BY
ITS PRINCIPAL, PIN - 691577.
3 PRINCIPAL,
UIT MUKHATHALA
(INSTITUTION CONDUCTED BY THE UNIVERSITY OF
KERALA) MUKHATHALA P.O., KOLLAM, PIN - 691577.
BY ADV.
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14261 OF 2025 2
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 14261 of 2025
-------------------------
Dated this the 10th day of June, 2025
JUDGMENT
1. The petitioner Trust runs N. Chellappanpillai Memorial High
School, Mukhathala, Kollam district. The said School is situated on
1.2990 hectares of land in Sy. No. 85/7, Block No. 23 of
Thrikovilvattom Village. It is also stated that the said School has
altogether 19 divisions.
2. In the year 2013, the University of Kerala approached the
petitioner Managing Committee to start the regional centre of the
Kerala University for conducting the courses of BCA and B.Com at
Mukhathala. The Managing Committee, being gracious enough and
committed to education, allowed the University to start its regional
centre within the compound of the School and the University
occupied 4 classrooms.
3. The initial understanding for time being but, despite twelve
years have been gone by, the respondent University has not vacated
the 4 classrooms being occupied by them to run their regional centre.
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On the last date of posting of this writ petition, this Court directed
the University to file an affidavit of the Registrar of the University
stating therein that by what date the University would vacate the
School premises.
4. In pursuance to the said direction, an affidavit of the Registrar
of the University has been filed wherein it is stated that the
University will shift its regional centre to Upasana Nursing College,
near Decent Junction within a period of fifteen days from today.
Paragraph No. 3 of the said affidavit reads as under;
3. It is humbly submitted that the 3rd respondent, Principal, UIT
Mukhathala as per letter dated 04/06/2025 has informed that the
District Panchayath authorities has not taken any steps to hand over
the building in the 5th ward of Elampallur Grama Panchayat, which was
found suitable for the functioning of UIT Mukhathala. Hence, they
found the building of Upasana Nursing College, near Decent Junction,
for the functioning of UIT Mukhathala and also informed that the UIT will
be shifted to the building of Upasana nursing college within 15 days.
5. This Court, considering the fact that the regional centre of the
respondent University has been functioning in the current place for
more than twelve years, grants two months time to the respondent
University to vacate the four class rooms and exit from the campus
of the School. If the University fails to vacate the premises of the
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School within a period of two months from today, the Vice Chancellor
and Registrar of the respondent University shall be held for
committing the contempt of the Court.
With the aforesaid direction and undertaking that the
University will vacate the School premises within a period of two
months, the present writ petition is hereby closed.
Sd/-
D. K. SINGH
JUDGE
Svn
2025:KER:41013
APPENDIX OF WP(C) 14261/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF POSSESSION CERTIFICATE DATED
06.06.2024 ISSUED TO THE PROPERTY OF THE
SCHOOL
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS
NO.AD.AVII.2.9004/2013 DATED 07.06.2013 OF
UNIVERSITY OF KERALA
EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE NOTICE
NO.B4/833/15 DATED 22.04.2015
EXHIBIT P4 TRUE COPY OF LETTER NO.B3/4139/2020 DATED
14.08.2020 OF THE DEPUTY DIRECTOR OF
EDUCATION KOLLAM TO THE MANAGER M G T HS
MUKHATHALA
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 16.09.2022
ISSUED BY PETITIONER TO THE VICE CHANCELLOR
OF KERALA UNIVERSITY WITH COPY TO 1ST AND 2ND
RESPONDENTS
EXHIBIT P6 TRUE COPY OF THE LETTER NO.ADMAVII/2022/UOK/1
DATED 22.07.2023 OF 1ST RESPONDENT TO THE 2ND
RESPONDENT ALONG WITH TYPED COPY
EXHIBIT P7 TRUE COPY OF THE LETTER NO.M1/30/2023-24
DATED 17.01.2024 SUBMITTED BY PETITIONER TO
1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF INTERIM ORDER IN
WP(C).NO.22241/2024 DATED 12.07.2024
EXHIBIT P9 TRUE COPY OF THE STATEMENT FILED BY THE 2ND
RESPONDENT IN WP(C).NO.22241/2024
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 18.07.2024 IN
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RESPONDENT ANNEXURES
ANNEXURE R1(A) THE TRUE COPY OF THE MINUTES OF THE SYNDICATE
MEETING HELD ON 09/06/2023
ANNEXURE R1(B) THE TRUE COPY OF THE MINUTES OF THE SYNDICATE
MEETING HELD ON 14/08/2023
ANNEXURE R1(C) THE TRUE COPY OF THE MINUTES OF SYNDICATE
MEETING HELD ON 02/07/2024
ANNEXURE R1(D) THE TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 19/10/2024
ANNEXURE R1(E) THE TRUE COPY OF THE LETTER NO. 22889/ADM A
VII/2022/UOK DATED 05/02/2025
ANNEXURE R1(F) THE TRUE COY OF THE MINUTES OF THE SYNDICATE
MEETING HELD ON 17/03/2025
