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Thouseem.N Nasarkunju vs State Of Kerala

High Court Of Kerala|02 June, 2014
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JUDGMENT / ORDER

The petitioner, who originally got admission for Bachelor of Ayurvedic Medicine and Surgery Course in the merit quota, in the Ahalia Ayurveda Medical College by the allotment made by the Entrance Commissioner, left the college subsequently and got admission to B.SC Course in Agriculture at Agricultural College, Vellayani.
2. She alleges that though she has approached the Principal and Manager, who are respondents 4 and 7 of the aforesaid college on 27.10.2011, 31.10.2011 and 11.11.2011 respectively, for transfer certificates and other documents and also for re-fund of the fees, the transfer of the aforesaid documents were withheld. According to the petitioner, she joined the Agricultural College by giving an undertaking that the transfer certificates and other documents would be submitted within five days. It is with this background, the petitioner has come up before this Court.
3. This Court by interim order dated 15.11.2011 directed respondents 5 and 6 to permit the petitioner to continue her studies at the Agricultural College, Vellayani, Thiruvananthapuram, if she has already joined the college.
4. Today when the matter came up for hearing, the learned counsel for 7th respondent submitted that as per Ext.R4(f) prospects which is produced along with the counter affidavit by the 4th respondent, the said college has the right to realise ₹75,000/- as liquidated damages and if the petitioner is ready and willing to pay the same, the balance caution deposit and other documents would be returned to the petitioner. The learned counsel for the petitioner has readily agreed with the same.
Therefore, the writ petition is disposed of permitting the 7th respondent to retain ₹75,000/- out of the total amount paid by the petitioner and to return the balance, if any, as well as the transfer certificates and other documents retained by the 7th respondent college within a period of three weeks from the date of receipt of a copy of this judgment.
krj Sd/-
A.V.RAMAKRISHNA PILLAI JUDGE
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Title

Thouseem.N Nasarkunju vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
02 June, 2014
Judges
  • A V Ramakrishna Pillai
Advocates
  • A Muhammed Sri
  • M Sajjad