Kerala High Court
V.K.Karunakaran Nair vs The Chairman on 23 August, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937
WP(C).No. 19879 of 2014 (H)
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PETITIONER(S):
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1. V.K.KARUNAKARAN NAIR, AGED 58 YEARS,
S/O.E.KUNHIRAMAN NAIR, PERIYATH, P.O.KUNDAMKUZHI,
VIA CHENGLA, KASARGOD DISTRICT.
2. K.MOHAMMED SAHIB, AGED 65 YEARS,
S/O.HASSAINAR, THOTTY, PALLIKARE P.O.
BAKEL FORT, KASARGOD DISTRICT.
3. HASHIM ALI P.V., AGED 53 YEARS,
S/O.T.A.MOIDEEN KUNHI, SHA-NI-VIHAR, P.O.MULLATHODY.
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENT(S):
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1. THE CHAIRMAN,
GOVERNING BODY, LBS CENTRE FOR SCIENCE & TECHNOLOGY,
NANDANAVANAM, PALAYAM, THIRUVANANTHAPURAM,
PIN: 695 032.
2. THE CHAIRMAN AND THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION, EXECUTIVE COMMITTEE,
LBS CENTRE FOR SCIENCE & TECHNOLOGY, NANDANAVANAM,
PALAYAM, THIRUVANANTHAPURAM, PIN: 695 033.
3. THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,
PIN: 695 001.
4. THE DIRECTOR,
LBS CENTRE FOR SCIENCE AND TECHNOLOGY, NANDAVANAM
PALAYAM, THIRUVANANTHAPURAM, PIN: 695 033.
5. THE PRINCIPAL,
LBS ENGINEERING COLLEGE, KASARAGOD, PIN: 671 001.
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WP(C).No. 19879 of 2014 (H)
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6. UNIVERSITY OF KANNUR,
REPRESENTED BY ITS REGISTRAR, KANNUR, PIN: 670 536.
R1,R2,R4,R5 BY ADVS. SRI.K.P.SUJESH KUMAR, SC,
SMT.K.K.RAZIYA, SC,
R3 BY GOVERNMENT PLEADER SRI.ABDUL SALAM
R6 BY SRI.V.A.MUHAMMED, SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-09-2015,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 19879 of 2014 (H)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: TRUE COPY OF JUDGMENT IN WPC NO.19871 OF 2013 DATED 23/8/2013 OF
THE HON'BLE HIGH COURT.
P2: TRUE COPY OF COVERING LETTER NO.1864/DCRB/KSD/13 DATED 5/1/2014
ISSUED BY DISTRICT POLICE CHIEF, KASARGOD TO THE 5TH RESPONDENT
AND FURNISHED DETAILS OF PENDING CRIMES.
P3: TRUE COPY OF REPRESENTATION DATED 18/5/2013 SUBMITTED BY THE 1ST
PETITIONER BEFORE 3RD RESPONDENT.
P4: TRUE COPY OF THE FORWARDING LETTER NO.PTA/01(A)/2014 DATED
8/2/2014 FORWARDING THE MINUTES OF THE MEETING DATED 6/2/2014.
P5: TRUE COPY OF LETTER NO.B11/4647/2011 DATED 12/7/2013 ISSUED BY THE
4TH RESPONDENT TO THE 5TH RESPONDENT.
P6: TRUE COPY OF ORDER G.O.(RT) NO.586/14/H.EDN. DATED 17/3/2014 ISSUED
TO THE 5TH RESPONDENT.
P7: TRUE COPY OF ELECTION NOTIFICATION NO.CUK/ACAD/SC/2010 DATED
30/11/2012 ISSUED BY THE REGISTRAR, CENTRAL UNIVERSITY OF KERALA,
KASARAGOD.
P8: TRUE COPY OF RELEVANT NEWS ITEM APPEARED IN MALAYALAM
NEWSPAPER NAMELY DESHABHIMANI DATED 28/8/14
P9: TRUE COPY OF RELEVANT NEWS ITEM APPEARED IN MALAYALAM
NEWSPAPER NAMELY MADHYAMAM DATED 28/8/14
P10: TRUE COPY OF RELEVANT NEWS ITEM APPEARD IN MALAYALA MANORAMA
DATED 29/8/14.
P11: TRUE COPY OF COVERING LETTER ISSUED BY THE STATION HOUSE
OFFICER, ADHUR
P12: TRUE COPY OF FIR IN CRIME NO.44/15 REGISTERED BY THE RAILWAY
POLICE KASARAGOD
P13: TRUE COPY OF NEWS ITEM APPEARED IN DESHABIMANI DAILY DATED 21/3/15
P13(A):TRUE COPY OF NEW ITEM APPEARED IN MALALYALA MANORAMA DAILY
DATED 22/3/15
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WP(C).No. 19879 of 2014 (H)
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P13(B):TRUE COPY OF NEWS ITEM APPEARED IN MADHRUBHUMI DAILY DATED
22/3/15.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No. 19879/2014
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Dated this the 30th Day of September, 2015
J U D G M E N T
The petitioners filed this writ petition in the year 2014 seeking relief to ban politics totally within the College Campus of the LBS College of Engineering, Kasaragod from the academic year 2014-14.
2. In fact, this Court passed an order on 11-12-2014, following the dictum laid down by this Court in Sojan Francis v. M.G.University [2003 (2) KLT 582] and Kerala Students Union v. Sojan Francis [2004 (2) KLT 378], directed respondents 4 and 5 to ensure that no election shall be conducted in the college in violation of the directions in the above judgments.
3. The learned counsel for the petitioners would submit that political parties are active in the college campus and no action has been taken by the 4th respondent to ban political activities in the college.
4. It is to be noted that based on an earlier direction of this Court in the judgment in W.P.(C).No.19871/2013, dated 23/08/2013, at the instance of the petitioners herein, the Government also ordered the college to implement Lyndoh Committee Report in compliance of the directions of the Hon'ble Supreme Court and thereby to frame necessary rules and regulations in respect of the students election in the college campus.
W.P.(C).No. 19879/2014 -:2:-
5. In view of the fact that the judgment in Sojan Francis's case (supra) forbid students from organising Students' Association, as there is no legal right to organise political activities in the college campus premises, there shall be a direction to respondents 4 and 5 to ensure that directions in Sojan Francis' case (supra) shall be followed strictly in the college campus of the college premises and ban all political activities in the college premises. College election also shall be conducted strictly in accordance with the report of the Lyndoh Committee.
The writ petition is disposed of as above. No costs.
Sd/-
(A.MUHAMED MUSTAQUE, JUDGE) ms