2025:KER:28395 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 29041 OF 2024 PETITIONERS: 1 ST. MARY'S COLLEGE MANARCAUD REPRESENTED BY THE MANAGER, MANARCAUD, MALAM P.O., KOTTAYAM, PIN - 686019 2 PRINCE ELIAS AGED 60 YEARS MANAGER, ST. MARY’S COLLEGE, MALAM, MANARCAD, KOTTAYAM – 686 019, RESIDING AT PAZHAYADATHUVAYALIL HOUSE, MALAM P.O, MANARCAD, KOTTAYAM, PIN - 686019 BY ADV ACHUTH KYLAS RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN - 686560 3 THE SUPERINTENDENT OF POLICE KOTTAYAM, PIN - 686002 4 THE STATION HOUSE OFFICER MANARCAUD POLICE STATION, MANARCAUDE, PIN - 686019 5 FR.KURIAKOSE ABRAHAM KARUKAYIL HOUSE, MALAM P.O. MANARCAD, KOTTAYAM, PIN - 686019 2025:KER:28395 WP(C). No.29041 of 2024 2 6 GEORGE VARGHESE CHIRAKKAATTU HOUSE, MANARCAD P.O., KOTTAYAM, PIN - 686019 7 VARGHESE IPE MUTHALUPADIYIL, MANARCAD P.O., KOTTAYAM, PIN - 686019 BY ADVS. SANTHARAM.P REKHA ARAVIND(K/2130/1999) P.G.GOKULNATH(K/000170/2017) P.K.SURESH KUMAR (SR.)(S-793) OTHER PRESENT: GP SRI B S SYAMANTHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28395 WP(C). No.29041 of 2024 3 Dated this the 2nd day of April, 2025 JUDGMENT The learned counsel appearing for the petitioners submits that the writ petition may be dismissed as withdrawn, without prejudice to the right of the petitioner to file a fresh writ petition to challenge the order that has been passed. Recording the above submission, the writ petition is dismissed as withdrawn. Sd/- mtk/ 2.04.25 C.S.DIAS, JUDGE 2025:KER:28395 WP(C). No.29041 of 2024 4 APPENDIX OF WP(C) 29041/2024 PETITIONER EXHIBITS Exhibit P-1 THE TRUE COPY OF THE MINUTES AND BYELAW REG. NO. K.303/2003 OF THE ST. MARY’S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY Exhibit P-2 THE TRUE COPY OF THE AMENDED BYELAW OF THE SOCIETY. Exhibit P-3 THE TRUE COPY OF THE JUDGMENT DATED 22.11.2023 PASSED BY THIS HON’BLE COURT IN W.P.(C). NO. 16981 OF 2023 Exhibit P-3(a) THE TRUE COPY OF THE INTERIM ORDER DATED 17.08.2023 IN W.P.(C) NO. 16981 OF 2023 PASSED BY THIS HON’BLE COURT Exhibit P-4 THE TRUE COPY OF THE JUDGMENT DATED 10.01.2024 IN W.A NO. 2205 OF 2023 Exhibit P-5 THE TRUE COPY OF THE INTERIM INJUNCTION DATED 11.03.2024 PASSED BY THE MUNSIFF COURT, KOTTAYAM IN I.A NO.1/2024 OF O.S NO. 48/2022 Exhibit P-6 THE TRUE COPY OF THE JUDGMENT DATED 05.04.2024 PASSED BY THIS HON’BLE COURT IN W.P.(C) NO. 12443 OF 2024 Exhibit P-7 THE TRUE COPY OF THE JUDGMENT DATED 21.06.2024 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A NO. 824 OF 2024 Exhibit P-8 THE TRUE COPY OF THE COMMUNICATION VIDE ACB1/1/3011/2022 DATED 16.07.2024 ISSUED BY THE UNIVERSITY Exhibit P-9 THE TRUE COPY OF THE COMMUNICATION DATED 19.07.2024 ISSUED BY THE PETITIONERS TO THE UNIVERSITY 2025:KER:28395 WP(C). No.29041 of 2024 5 Exhibit P-10 THE TRUE COPY OF ORDER NO. 6684/AC B 1/2024/MGU DATED 23.07.2024 ISSUED BY THE UNIVERSITY Exhibit P-11 THE TRUE COPY OF THE POLICE COMPLAINT NO. SMC/MO/42/2024-25 DATED 19.07.2024 BEFORE THE 4TH RESPONDENT SUBMITTED BY THE PETITIONERS Exhibit P-12 THE COPY OF THE EXT P-11 HAS BEEN FORWARDED TO THE 3RD RESPONDENT AND DGP ALSO. THE TRUE COPY OF THE COMPLAINT DATED 19.07.2024 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P-13 THE TRUE COPY OF THE COMPLAINT DATED 19.07.2024 SUBMITTED BEFORE THE DGP Exhibit P-14 THE TRUE COPY OF THE POLICE COMPLAINT VIDE NO. SMC/MO/46/2024-25 DATED 20.07.2024 BEFORE THE 4TH RESPONDENT Exhibit P-15 THE TRUE COPY OF THE COMPLAINT BEFORE THE 4TH RESPONDENT DATED 21.07.2024 RESPONDENT EXHIBITS Exhibit R5(a) True copy of a reply dated 14.03.2023 issued by the Mahatma Gandhi University under RTI Act Exhibit R5(b) True copy of the Judgment dated 26.08.2020 in W.P 14977/2020 Exhibit R5(c) True copy of the plaint dated 24/01/2022 in O.S No.48/2022 on the files of the Munisff’s Court, Kottayam Exhibit R5(d) True copy of the interim order dated 17.08.2023 in W.P (C ) No. 26913/2023 Exhibit R5(e) True copy of the order in I.A 2/2024 in CMA 20/2024 dated 11.04.2024 passed by 2025:KER:28395 WP(C). No.29041 of 2024 6 the Additional District Judge-V, Kottayam Exhibit R5(f) true copy of order dated 06.02.2023 in I.A No. 1/2022 in O.S No. 748/2022 Exhibit R5(g) true copy of notice nil dated for convening extra ordinary general body meeting Exhibit R5(h) true copy of General Body attendance book dated 17.03.2024 Exhibit R5(i) True copy of the minutes of the St.Marys Jacobite Syrian Charitable and Educational Society, Manarcaud held on 17.03.2024 Exhibit R5(j) True copy of the representation dated 08.07.2024 given by the permanent staff of the college to the trustees of the church