Kerala High Court
The Kerala Law Academy Law College vs The State Of Kerala
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
MONDAY, THE 5TH DAY OF JUNE 2017/15TH JYAISHTA, 1939
WP(C).No. 2034 of 2017 (D)
--------------------------
PETITIONERS/PETITIONERS:
1. THE KERALA LAW ACADEMY LAW COLLEGE
REPRESENTED BY ITS PRINCIPAL,PEROORKADA,
THIRUVANANTHAPURAM-695 005.
2. DR.LAKSHMI NAIR,
PRINCIPAL,THE KERALA LAW ACADEMY LAW COLLEGE,
PAROORKADA,THIRUVANANTHAPURAM-695 005.
BY ADVS.SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.V.VIJULAL
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2. DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS,VAZHUTHAKKADU,
THIRUVANANTHAPURAM-695 014.
3. INSPECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM RANGE, NANDAVANAM,
THIRUVANANTHAPURAM-695 033.
4. THE COMMISSIONER OF POLICE,
OFFICE OF CITY POLICE COMMISSIONER,VAZHUTHAKKADU,
THIRUVANANTHAPURAM-695 014.
5. DEPUTY COMMISSIONER OF POLICE,
OFFICE OF DEPUTY COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM-695 034.
6. CIRCLE INSPECTOR OF POLICE,
OFFICE OF CIRCLE INSPECTOR OF POLICE,
PEROORKADA,THIRUVANANTHAPURAM-695 005.
7. THE SUB-INSPECTOR OF POLICE,
PEROORKADA POLICE STATION,THIRUVANANTHAPURAM-695 005.
8. HARICHANDAN(V F),
SECRETARY,SFI UNIT,THE KERALA LAW ACADEMY LAW
COLLEGE,PEROORKADA,THIRUVANANTHAPURAM-695 005.
9. CHRISTY(V F),
PRESIDENT,KSU UNIT,THE KERALA LAW ACADEMY LAW
COLLEGE,PEROORKADA,THIRUVANANTHAPURAM-695 005.
10. ABIJITH PUNCHAKARY(IV F),
PRESIDENT,ABVP UNIT,THE KERALA LAW ACADEMY LAW
COLLEGE,PEROORKADA,THIRUVANANTHAPURAM-695 005.
WP(C).No. 2034 of 2017 (D) :: 2 ::
11.VIVEK.(III F),
PRESIDENT,AISF UNIT,THE KERALA LAW ACADEMY LAW
COLLEGE,PEROORKADA,THIRUVANANTHAPURAM-695 005.
12.MANZOOR BAFAKI THANGAL(III DAY),
PRESIDENT,MSF UNIT,THE KERALA LAW ACADEMY LAW
COLLEGE,PEROORKADA,THIRUVANANTHAPURA-695 005.
Addl.R13.AVINASH SAGAR, AGED 22 YEARS,
S/O KUNJU MOHAMMED NAZAR, RESIDING AT FLAT 1-B1,
HEERA GOLDERN HILLS, SURYAKANTHI LANE, MUSEUM P.O.,
THIRUVANANTHAPURAM.
Addl.R14.SNEHA SURESH, AGED 21, D/O G.SURESH KUMAR,
CHERUKULATHU HOUSE, ANANTHAPALLI P.O., PANNIVIZHA,ADOOR.
Addl.R15.GEETHU KRISHNA,AGED 21, D/O V. GOPAKUMAR,
RESIDING AT GOKULAM, BANGLAMKUNNU, NILAMEL P.O., KOLLAM.
Addl.R16.LUBANA NAZAR, AGED 21,
D/O K.K.NAZAR, NAZA HOUSE, TJRA 168,
SASTHAMANGALAM P.O., THIRUVANANTHAPURAM.
Addl.R17.LAKSHMI V.S , AGED 20
D/O M.G.VIJAYAKUMAR, MANJALLOOR P.O., PATHANAPURAM.
Addl.R18.DR.MOHANRAJ, AGED 55
S/O LATE.JANARDHANAN, VISWAMAI, ULLOOR,
THIRUVANANTHAPURAM-695 011.
Addl.R19.SREEKUMAR K.C, AGED 38
S/O K.K CHANDRAN NAIR, KOLATH PUTHENPURA,
PIRAVOM P.O, ERNAKULAM-686 664.
Addl.R20.DR.ANIL.B , AGED 42
S/O BALAKRISHNAN NAIR, KARTHIKA, OOKODE,
THIRUVANANTHAPURAM-695 020.
Addl.R21.M.B. VINOD , AGED 46
S/O K.P.MADHAVAKURUP, HOUSE NO.16, KARTHIKA,
CHITHRA NAGAR, MANACAUD, THIRUVANANTHAPURAM.
(Additional R13 to R21 are impleaded as per order
dated 31.1.2017 in I.A.No.1569/17 & 1570/17)
R8 BY ADV. SRI.T.B.HOOD
R8 BY ADV. SMT.M.ISHA
R8 BY ADV. SRI.AMAL KASHA
R10 BY ADV. SRI.DINESH R.SHENOY
R10 BY ADV. SMT.K.K.JYOTHILAKSHMY
R10 BY ADV. SRI.A.JOSEPH GEORGE
R10 BY ADV. SRI.EBIN MATHEW
RADDL13-R17,R 18-R21 BY ADV. SRI.SREEKANTH S.NAIR
RADDL ADDL13-R17,R 18-R21 BY ADV. SRI.S.JATHIN DAS
R9,R 11,R 12 BY ADV. SRI.S.SREEKUMAR (SR.)
R9,R 11,R 12 BY ADV. SRI.THOMAS P.KURUVILLA
R9,R 11,R 12 BY ADV. SRI.R.GITHESH
R9,R 11,R 12 BY ADV. SRI.MANJUNATH MENON
R9,R 11,R 12 BY ADV. SMT.NIMMY JOHNSON
R1-R7 BY ADV. GOVERNMENT PLEADER SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05-06-2017 ALONG WITH W.P.(C)NOS.1876/17 & 924/17, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2034 of 2017 (D)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 15.01.2017
SUBMITTED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT
CIRCLE INSPECTOR REGARDING THE INCIDENTS OF 12.01.2017.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 15.01.2017
SUBMITTED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT
CIRLE INSPECTOR REGARDING THE INCIDENTS OF 15.01.2017.
EXHIBIT P3 TRUE COPY OF FIR NO.0092 OF 2017 OF PEROORKADA
POLICE STATION.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 17.01.2017 OF
2ND PETITIONER BEFORE ALL THE CONCERNED OF THE POLICE STATION.
RESPONDENTS' EXHIBITS:
EXT.R10(a): TRUE PHOTOCOPY OF RECEIPT DATED 18.1.2017 ISSUED
BY THE POLICE STATION, PEROORKADA.
EXT.R10(b): TRUE PHOTOCOPY OF THE COMPLAINT DATED 23.1.2017
FILED BEFORE THE KERALA STATE POLICE COMPLAINTS AUTHORITY.
EXT.R10(C): TRUE PHOTOCOPY OF PETITION DATED 25.1.2017 FILED
BEFORE THE STATE HUMAN RIGHTS COMMISSION.
EXT.R10(d): TRUE PHOTOCOPY OF COMPLAINT DATED 18.1.2017 FILED
BEFORE the VICE CHANCELLOR, KERALA UNIVERSITY.
EXT.R10(e): TRUE PHOTOCOPY OF COMPLAINT DATED 21.1.2017 FILED
BEFORE THE VICE CHANCELLOR, KERALA UNIVERSITY.
EXT.R10(f): TRUE PHOTOCOPY OF WRITTEN DEPOSITION GIVEN BY A
STUDENT BEFORE THE UNIVERSITY ENQUIRY COMMITTEE DATED
23.1.2017.
EXT.R10(g): TRUE PHOTOCOPY OF COMPLAINT FILED BY A STUDENT
SELVAM K. BEFORE THE CI OF POLICE.
EXT.R10(h): TRUE PHOTOCOPY OF COMPLAINT FILED BY A STUDENT
VIVEK V.G. BEFORE THE CI OF POLICE.
EXT.R10(i): PHOTOGRAPHS OF THE PANDALS OUTSIDE THE CAMPUS.
EXT.R10(j): PHOTOGRAPHS OF THE CHERIYAKADA RESTAURANT BEING
CONDUCTED BY THE 2ND PETITIONER IN THE ERSTWHILE CANTEEN
BUILDING IN THE LAW ACADEMY CAMPUS.
EXT.R9(a): TRUE COPY OF COMPLAINT DATED 23-1-2017 FILED BY
THE STUDENTS OF THE FIRST PETITIONER COLLEGE BEFORE THE POLICE
COMPLAINTS AUTHORITY.
EXT.R9(b): TRUE COPY OF COMPLAINT DATED 25-1-2017 FILED BY
THE STUDENTS OF THE FIRST PETITIONER COLLEGE BEFORE THE KERALA
STATE HUMAN RIGHTS COMMISSION.
EXT.R9(c): TRUE COPY OF REPORT DATED 27-1-2017 PASSED BY THE
SUB COMMITTEE AND PLACED BEFORE THE SYNDICATE, UNIVERSITY OF
KERALA ON 28-1-2017.
// TRUE COPY //
P.A. TO JUDGE
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I.A.Nos.1568, 1569 & 1570 of 2017 in
W.P.(C)No.2034 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 31st day of January,2017
ORDER
Antony Dominic, J. I.A.Nos.1569 & 1570 of 2017:
Heard. Allowed.
The petitioners therein are impleaded as additional respondents 13 to 21.
I.A.No.1568 of 2017:
Heard counsel for the petitioners, learned Government Pleader appearing for respondents 1 to 7, Sri.T.B.Hood, learned counsel appearing for respondent No.8, Sri.S.Sreekumar, learned counsel appearing for respondents 9, 11 and 12 and Sri.Dinesh Shenoy, learned counsel appearing for respondent No.10 apart from Sri.K.Ramkumar, learned counsel appearing for the remaining party respondents.
I.A.Nos.1568, 1569 & 1570 of 2017 in W.P.(C)No.2034 of 2017 : 2 : In this petition, the prayer made is to direct the official respondents to remove the sheds constructed on either side of the road leading to the 1st petitioner college, in order to essentially facilitate free ingress and egress to the college through its main gate. Though the counsel for the petitioner forcefully pressed for an order pointing out the existence of various sheds in front of the college gate and the obstruction that is caused by the followers of different political parties and students associations, it was uniformly submitted by the counsel appearing for the agitating students, represented by respondents 8 to 12, that the agitation continued by them is a peaceful one and that they have not and do not obstruct the ingress and egress to the college in any manner.
Now, that such a submission has come from the counsel appearing for the agitating students, we do not think that any further order is warranted at this stage. Therefore, we record the submission made by the counsel appearing on behalf of the I.A.Nos.1568, 1569 & 1570 of 2017 in W.P.(C)No.2034 of 2017 : 3 : agitating students and direct that in the event any law and order problem arises or a complaint to that effect is received from the petitioners, the official respondents shall take necessary action in order to facilitate free ingress and egress to the staff and willing students of the 1st petitioner college.
ANTONY DOMINIC JUDGE DAMA SESHADRI NAIDU JUDGE jes