High Court Kerala High Court

Augustin.K.J vs The Vice Cancellor on 23 January, 2009

Kerala High Court
Augustin.K.J vs The Vice Cancellor on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2417 of 2009(K)


1. AUGUSTIN.K.J,AGED 55 YRS,
                      ...  Petitioner

                        Vs



1. THE VICE CANCELLOR,S.R.M.UNIVERSITY,
                       ...       Respondent

2. THE REGISTRAR, S.R.M.UNIVERSITY,

3. THE DIRECTOR (ENGINEERING AND TECHNOLOGY

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/01/2009

 O R D E R
                          ANTONY DOMINIC, J.
                         ==============
                     W.P.(C) NO. 2417 OF 2009 (K)
                   ====================

               Dated this the 23rd day of January, 2009

                             J U D G M E N T

The challenge in this writ petition is against Exts.P1 and P5. These

are two communications that the petitioner has received in Kochi informing

that his ward Sri.Arun Austin K, a student of SRM University, SRM Nagar,

Kattankulathur, Kancheepuram District, Tamilnadu did not possess the

minimum required attendance during the 5th and 7th semester and

therefore, he has been detained for lack of attendance without permitting

him to appear for University examinations. Admittedly, these are

communications issued by the Director (Engineering and Technology) and

by the Registrar of the said University.

2. In my view, apart from the receipt of these communications at

Cochin, which cannot be said to be an integral part of the cause of action

for the petitioner or his son, the cause of action in so far as this writ

petition is concerned arose totally within the jurisdiction of the High court

within whose jurisdiction the University is situated.

3. Therefore, in the light of the law laid down by the Apex Court

in State of Rajasthan and others v. M/s Swaika Properties and

WPC 2417/08
:2 :

another (AIR 1985 SC 1289), I am not persuaded to hold that this

Court has territorial jurisdiction to consider the matter.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp