Kerala High Court
Parents Teachers Association vs The State Of Kerala on 22 June, 2016
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938
WP(C).No. 10487 of 2016 (I)
----------------------------
PETITIONER :
---------------------
PARENTS TEACHERS ASSOCIATION,
UNIVERSITY COLLEGE OF ENGINEERING,
MUTTOM P.O., THODUPUZHA -685 587,
REPRESENTED BY ITS VICE PRESIDENT C.J.JOSE.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TECHNICAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE VICE CHANCELLOR,
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS,
KOTTAYAM -686 560.
3. MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, KOTTAYAM,
RPERESENTED BY THE REGISTRAR,PIN- 685 560.
4. UNIVERSITY COLLEGE OF ENGINEERING,
MUTTOM P.O., THODUPUZHA- 685 587,
REPRESENTED BY ITS PRINCIPAL.
5. THE DISTRICT POLICE CHIEF,
IDUKKI DISTRICT. PIN-685 001
6. THE CIRCLE INSPECTOR OF POLICE,
KANJAR, IDUKKI DISTRICT.
7. THE SUB INSPECTOR OF POLICE,
MUTTOM POLICE STATION,
IDUKKI DISTRICT, PIN-685 587.
2/-
-2-
WP(C).NO.10487/2016
8. STUDENTS FEDERATION OF INDIA (SFI),
UNIVERSITY OF COLLEGE OF ENGINEERING MUTTOM UNIT,
MUTTOM-685 587, REPRESENTED BY ITS UNIT SECRETARY.
9. KERALA STUDENTS UNION (KSU),
UNIVERSITY COLLEGE OF ENGINEERING MUTTOM UNIT,
MUTTOM -685 587, REPRESENTED BY ITS UNIT SECRETARY.
10. AKHILA BHARATHEEYA VIDYARTHI PARISHED (ABVP),
UNIVERSITY COLLEGE OF ENGINEERING MUTTOM UNIT,
MUTTOM -685 587, REPRESENTED BY ITS UNIT SECRETARY.
R1,R5 TO R7 BY SR GOVERNMENT PLEADER SRI.C.P.PRADEEP
R2 TO R4 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-08-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C).No. 10487 of 2016 (I)
----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------------------------
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 22/6/2016 SUBMITTED BY
SRI.C.J.JOSE, PTA VICE PRESIDENT.
EXHIBIT P1(A) TRUE COPY OF THE INFORMATION ISSUED BY THE PRINCIPAL OF
THE 3RD RESPONDENT COLLEGE DATED 9/3/2016 UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P2 TRUE COPY OF THE NEWSPAPER REPORT DATED 19/2/2016 IN
MATHRUBHOOMI DAILY.
EXHIBIT P2(A) TRUE COPY OF THE NEWSPAPER REPORT DATED 19/2/2016 IN
MANGALAM DAILY.
EXHIBIT P2 (B) TRUE COPY OF THE NEWSPAPER REPORT DATED 19/2/2016 IN
MALAYALA MANORAMA.
EXHIBIT P2(C) TRUE COPY OF THE NEWSPAPER REPORT DATED 19/02/2016 IN
DEEPIKA DAILY.
EXHIBIT P3 TRUE COPY OF THE FIR IN CRIME NO.48/2016 OF MUTTOM POLICE
STATION.
EXHIBIT P3(A) TRUE COPY OF THE FIR IN CRIME NO.49/2016 OF MUTTOM POLICE
STATION.
EXHIBIT P3(B) TRUE COPY OF THE FIR IN CRIME NO.50/2016 OF MUTTOM POLICE
STATION.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 7/3/2016 SUBMITTED BY
SRI.C.J.JOSE, PTA VICE PRESIDENT.
EXHIBIT P4(A) TRUE COPY OF THE INFORMATION ISSUED BY THE SUB INSPECTOR
OF POLICE, KANJAR POLICE STATION UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P5 TRUE COPY OF THE MINUTES OF MEETING OF THE PTA CONVENED
ON 22/2/2016 OBTAINED UNDER RIGHT TO INFORMATION ACT.
RESPONDENT(S)' EXHIBITS: NIL
------------------------------------------
/TRUE COPY/
P.A.TO JUDGE
sts
A.M. SHAFFIQUE, J.
-------------------------------------
W.P.(C) No. 10487 of 2016
--------------------------------------
Dated this the 16th day of August, 2016
JUDGMENT
Petitioner has approached this Court seeking for a declaration that union activities motivated by the political parties in the fourth respondent college are illegal and liable to be banned.
2. Even according to the petitioner, the issue is covered by the dictum laid down by this Court in Sojan Francis v. M.G. University [2003 KHC 458] and other judgments.
Having regard to the fact that appropriate orders had already been passed by this Court directing the competent authorities to take necessary action in the event of the classes being disrupted on account of various activities in the various colleges in the State of Kerala, I do not think that any further direction as sought for is required to be passed.
Sd/-
A.M. SHAFFIQUE JUDGE Scl/16.08.2016