2025:KER:30224 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 13810 OF 2025 PETITIONERS: 1 JISHNA S., AGED 20 YEARS, D/O. MINIMOL P., PALAKKAL HOUSE, MUNDAKKAI P.O., MEPPADI, WAYANAD(B. TECH., CSE S8), PIN – 688535. 2 JOSEPH ABRAHAM SANITH, AGED 21 YEARS, S/O. ASISH MATHEW, KONATH HOUSE, GOTHURUTH P.O., PARAVOOR, ERNAKULAM(B. TECH, CSE S8), PIN – 683512. 3 VYSHNA S., AGED 22 YEARS D/O. SASIKUMAR K., PALAKKAL HOUSE, MUNDAKKAI P.O., MEPPADI, WAYANAD, (B. TECH., CSE S8), PIN - 673577 4 KRISHNAPRATHEEK K.K., AGED 21 YEARS S/O. KARUNAKARAN K.K., KIZHAKKANOODAN HOUSE, P.O. ARIPALAM, KALAPARAMBU, THRISSUR, (B. TECH., CSE S6), PIN – 680688. 5 ATHUL KRISHNADAS, AGED 20 YEARS S/O. DASAN, PULINGAMPILLY HOUSE, CHARUKUDAPURAM, N. KUTHATHODE P.O., ALAPPUZHA, (DIPLOMA EEE S6), PIN – 683594. 6 ANAI BIJU, AGED 22 YEARS S/O. BIJU, VATTAPARAMBIL HOUSE, THATHAPILLY, N. PARAVOOR, ERNAKULAM, (DIPLOMA EEE S6),PIN – 683520. WP(C) NO. 13810 OF 2025 2 2025:KER:30224 7 AJITH P.S., AGED 23 YEARS, S/O. SAJI P.R., PUTHENPARAMBIL HOUSE, ANAKKARA, IDUKKI, (DIPLOMA ME S6), PIN – 685512. 8 MOHAMMED FADIL, AGED 21 YEARS S/O. HARIS, PERIYAT HOUSE, THRICHATTUKULAM P.O., CHERTHALA, ALAPPUZHA, (DIPLOMA MECH. S4), PIN – 688535. 9 SAJU T.B., AGED 53 YEARS S/O. BALAKRISHNAN, THUNDATHIL HOUSE, MULAVUKADU P.O., ERNAKULAM, THE VICE-CHAIRMAN, PARENT TEACHER ASSOCIATION (PTA), SREE NARAYANA GURU INSTITUTE OF SCIENCE & TECHNOLOGY (SNGIST), MANNAM, PARAVOOR, ERNAKULAM, PIN – 682504. BY ADVS. VIVEK MENON RANCE R. RESPONDENTS: 1 KOTAK MAHINDRA BANK LTD., KANAKA DHAMODAR BUILDING, VEEKSHNAM ROAD, KOCHI, REPRESENTED BY ITS BRANCH MANAGER, PIN – 682035. 2 AUTHORIZED OFFICER, KOTAK MAHINDRA BANK LTD., 402 AND 403, SAMSOM TOWERS, 4TH FLOOR, PANTHEON ROAD, EGMORE, CHENNAI, PIN – 600008. 3 GURUDEVA TRUST, REG. NO. 65/IV/2001,SNGIST CAMPUS, MANJALI, THEKKETHAZHAM, MANNAM P.O.,NORTH PARAVUR, ERNAKULAM, PIN ,REPRESENTED BY ITS SECRETARY, PIN – 683520. WP(C) NO. 13810 OF 2025 3 2025:KER:30224 4 SREE NARAYANA GURU DHARMA TRUST, (REG. NO. 48/98), P.O. MALA, THRISSUR, REPRESENTED BY ITS CHAIRMAN, PIN – 680732. 5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, AMBADI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR, PIN – 695016. 6 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE), NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN – 110069. BY ADVS. PHILIP T.VARGHESE ANIL KUMAR SREEDHARAN Rajesh T.R Sajith Kumar V. THOMAS T.VARGHESE(K/000516/1995) ACHU SUBHA ABRAHAM(K/001758/1999) V.T.LITHA(K/278/2006) K.R.MONISHA(K/915/2013) JIJO PAUL(K/1009/2023) ANJALI SUNIL(K/532/2024) ANJALI G.KRISHNAN(K/439/2008) GUNAVARDHANAN M.N.(K/406/2010) BIJOY S.(K/000376/2023) JALAJAMANI K.R.(K/496/1999) SRI. K.R.GANESH, SC, SRI.SAJITH KUMAR V., SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13810 OF 2025 4 2025:KER:30224 JUDGMENT This writ petition has been filed by certain students and the Parent Teacher Association of the Sree Narayana Guru Institute of Science & Technology, which is managed by the 3rd respondent Trust. To put the facts in a short compass, the 3rd respondent Trust had availed credit facilities from the 1st respondent Bank. On default being committed, proceedings have been initiated under the provisions of the SARFAESI Act. A reading of the counter affidavit filed by the 1st respondent Bank suggests that right from the time when the Bank initiated proceedings in the year 2019, 22 rounds of litigations have been conducted by the 3rd respondent, persons associated with the 3rd respondent, students etc. This Court has been passing orders permitting the students to write examinations. The Division Bench by Ext.P2 order had permitted the Bank to take possession of the secured assets and had directed the APJ Abdul Kalam Technological University to take steps to shift the students within two weeks from 05.09.2024. This Court also directed that the All India Council for Technical Education shall also give necessary approval for the action of the University. Even today, the Bank has not been able to take physical possession of the secured assets and it WP(C) NO. 13810 OF 2025 5 2025:KER:30224 is proposing to take physical possession tomorrow (08.04.2025). It is at this juncture that the petitioners have approached this Court seeking the following reliefs:- (i) to issue a writ in the nature of Mandamus or such other writ, direction or order commanding the 1st & 2nd respondents to refrain from taking possession of the buildings and properties of SNGIST till the courses of petitioners 1 to 8 are over or till the exams scheduled vide Exts.P7, P7(a) & P7(b) Notifications are over; (ii) to issue a writ in the nature of Mandamus or such other writ, direction or order direct the respondents 1 & 2 not to interfere with the peaceful functioning of the Educational institutions under SNGST till the relocation of the students of SNGIST in terms of Ext. P3 judgment is completed. 2. The learned counsel appearing for the 3rd respondent would submit that the 4th respondent Trust is proposing to take over the 3rd respondent Trust and necessary resolutions have been passed by the 3rd respondent for taking over of the Trust by the 4th respondent. 3. The learned counsel appearing for the 4th WP(C) NO. 13810 OF 2025 6 2025:KER:30224 respondent submits that the 4th respondent has set apart a sum of Rs.60 Crores for taking over the 3rd respondent. However, to a pointed question from the Court as to whether the amounts due to the 1st respondent Bank can be deposited by the 4th respondent before this Court, the learned counsel for the 4th respondent states that the 4th respondent is immediately not in a position to deposit the amounts. 4. The learned Senior Counsel appearing for the petitioners would submit that the petitioners, who are students and the Parent Teacher Association, are not interested in challenging the proceedings initiated by the 1st respondent Bank under the SARFAESI Act and are only interested in ensuring that the career of students is not affected and their course is not interrupted by the act of the respondent Bank in taking possession of the secured assets. 5. The learned counsel appearing for the 1st respondent Bank submits that even if the Bank takes possession of the secured assets, the Authorized Officer of the respondent Bank will ensure that the petitioners who are students of the college will be permitted to write their current semester examinations at the college. Taking the aforesaid submission of the learned counsel for WP(C) NO. 13810 OF 2025 7 2025:KER:30224 the respondent Bank into consideration, I am of the opinion that this writ petition can be ordered by recording the submission of the learned counsel appearing for the respondent Bank and refusing to interfere with the steps taken by the respondent Bank to take physical possession of the secured assets. I make it clear that any arrangement made by the respondent Bank for ensuring that the petitioners, who are students will be permitted to take their current semester examination in the college in question will not prevent the respondent Bank from continuing with the proceedings initiated against the 3rd respondent, in accordance with the law. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 13810 OF 2025 8 2025:KER:30224 APPENDIX OF WP(C) 13810/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT DATED 09.07.2024 IN W.P.(C)NO. 7621 OF 2024 Exhibit P2 TRUE PHOTOCOPY OF THE JUDGMENT DATED 05.09.2024 IN W.A.NO. 1112 OF 2024 & W.A.NO. 1081 OF 2024. Exhibit P3 TRUE PHOTOCOPY OF THE ORDER DATED 01.11.2024 IN UNNUMBERED R.P. (FILING NO. 1145 OF 2024) & UNNUMBERED R.P. (FILING NO. 1148 OF 2024) & I.A.NO. 1 OF 2024 IN UNNUMBERED R.P. (FILING) NO. 1145/2024 & I.A.NO. 1/2024 IN UNNUMBERED R.P.(FILING) NO. 1148/2024. Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.11.2024 IN W.P.(C)NO. 41282 OF 2024 Exhibit P5 TRUE PHOTOCOPY OF THE COMMUNICATION/LETTER BEARING NO.KTU/ASST 7(ACADEMIC)/3649 OF 2020 DATED 15.01.2025 ISSUED BY THE 5TH RESPONDENT UNIVERSITY TO THE PRINCIPAL OF SNGIST Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED NIL TO THE VICE-CHANCELLOR OF THE 5TH RESPONDENT. Exhibit P7 TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO. KTU-EX-VI#2/2829/2022 DATED 22.03.2025 ISSUED BY THE 5TH RESPONDENT Exhibit P7(a) TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO. KTU/EX-II/1/5308/2018 DATED 11.03.2025 ISSUED BY THE 5TH RESPONDENT Exhibit P7(b) TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO.D1/366/2025/CTE DATED 17.03.2025 ISSUED BY THE 5TH RESPONDENT. WP(C) NO. 13810 OF 2025 9 2025:KER:30224 Exhibit P8 TRUE PHOTOCOPY OF THE LETTER DATED 28.03.2025 ISSUED BY THE PRINCIPAL OF THE COLLEGE TO THE 9TH PETITIONER. Exhibit P9 TRUE PHOTOCOPY OF THE NOTICE DATED 25.03.2025 ISSUED BY THE ADVOCATE COMMISSIONER TO THE 3RD RESPONDENT. RESPONDENT EXHIBITS Exhibit R1 TRUE COPY OF THE WRIT PETITION FILED AS W.P.(C). NO. 771/2023 DATED 09.01.2023 WITH ITS EXHIBITS Exhibit R1(a) TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C). NO. 771/2023 DATED 10.01.2023 Exhibit R1 (b) TRUE COPY OF THE INTERIM ORDER IN W.P. (C) NO. 771/2023 DATED 20.02.2023 Exhibit R1 (c) TRUE COPY OF THE INTERIM ORDER PASSED IN W. A. NO. 606/2023 DATED 20.03.2023 Exhibit R1 (d) TRUE COPY OF THE ORDER IN WA NO 606/2023 DATED 27.03.2023 Exhibit R1 (e) TRUE COPY OF JUDGMENT IN W.A. NO. 606/2023 DATED 17.11.2023 Exhibit R1 (f) TRUE COPY OF JUDGMENT IN WP (C) NO. 30379/2019 DATED 16.11.2021 Exhibit R1 (g) TRUE COPY OF JUDGMENT IN WP (C) NO. 6535/2021 DATED 07.01.2022 Exhibit R1 (h) TRUE COPY OF THE DEMAND NOTICE THAT WAS ISSUED BY 2ND RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT DATED 09.01.2021 Exhibit R1 (i) TRUE COPY OF THE POSSESSION NOTICE DATED 04.03.2022 ISSUED BY THE 2ND RESPONDENT WP(C) NO. 13810 OF 2025 10 2025:KER:30224 Exhibit R1 (j) TRUE COPY OF THE ORDER IN M.C. NO. 520/2022 DATED 24.08.2022 Exhibit R1 (k) TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 15.09.2022 Exhibit R1 (l) TRUE COPY OF THE ORDER IN IA NO.2169/2022 PASSED BY THE DEBTS RECOVERY TRIBUNAL NO.1 ERNAKULAM, DATED 10.10.2022 Exhibit R1 (m) TRUE COPY OF THE JUDGMENT IN OP(DRT) NO. 402/2022 WAS DISPOSED DATED 19.10.2022 Exhibit R1 (n) TRUE COPY OF THE ORDER IN OP(DRT) NO. 433/2022 DATED 02.12.2022 Exhibit R1 (o) TRUE COPY OF THE JUDGMENT IN OP (DRT) NO. 433/2022 DATED 16.12.2022 Exhibit R1 (p) TRUE COPY OF THE ORDER IN W.P. (C) NO. 28766/2023 DATED 25.08.2023 Exhibit R1 (q) TRUE COPY OF THE CIRCULAR OF RESERVE OF BANK OF INDIA RBI/2020-21/20 DOR. NO. BP. BC/7/21.04.048/2020-21 DATED 06.08.2020 Exhibit R1(r) TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 27347/2024 DATED 31.07.2024 Exhibit R1(s) TRUE COPY OF THE ORIGINAL PETITION O.P. NO. 2/2024 BEFORE THE SUB COURT AT NORTH PARAVUR DATED 05.03.2024 Exhibit R1(t) TRUE COPY OF THE INTERIM APPLICATION IN O.P. NO. 2/2024 BEFORE THE SUB COURT AT NORTH PARAVUR DATED 05.03.2024 Exhibit R1(u) TRUE COPY OF THE JUDGMENT W.P. (C) NO. 36797/2024 DATED 05.11.2024