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Kerala High Court

P.T.Prabhakaran vs The Sub Inspector Of Police on 21 November, 2013

Author: Manjula Chellur

Bench: Manjula Chellur, A.M.Shaffique

       

  

  

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                             PRESENT:

                  THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
                                                    &
                       THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                MONDAY,THE 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935

                                 WP(C).No. 32313 of 2013 (L)
                                 ----------------------------------------

PETITIONERS:
---------------------

        1. P.T.PRABHAKARAN,
            S/O.P.N.THANKAPPAN, PLASSERIL HOUSE,
            VANNAPPURAM P.O,THODUPUZHA.

        2. K.M.JALAL,
            KOOVAKKATTIL HOUSE, MULAVOOR P.O., MUVATTUPUZHA.


            BY ADV. SRI.BIJU .C. ABRAHAM.


RESPONDENTS:
-----------------------


        1. THE SUB INSPECTOR OF POLICE,
            KARIMKUNNAM POLICE STATION - 685 586.

        2. THE CIRCLE INSPECTOR OF POLICE,
            THODUPUZHA - 685 584.

        3. THE DEPUTY SUPERINTENDENT OF POLICE,
            THODUPUZHA - 685 584.

        4. THE PRINCIPAL,
            GOVERNMENT POLYTECHNIC COLLEGE, PURAPUZHA - 685 583.

        5. STUDENTS FEDERATION OF INDIA (SFI),
            GOVERNMENT POLYTECHNIC COLLEGE,
            PURAPUZHA UNIT, REPRESENTED BY ITS SECRETARY - 685 583.

        6. KERALA STUDENTS' UNION,
            (KSU), GOVERNMENT POLYTECHNIC COLLEGE,
            PURAPUZHA UNIT, REPRESENTED BY ITS PRESIDENT.

        7. AKHILA BHARATHIYA VIDYARTHI PARISHAD (ABVP),
            GOVERNMENT POLYTECHNIC COLLEGE,
            PURAPUZHA UNIT, REPRESENTED BY ITS PRESIDENT - 685 583.


            R1 TO R4 BY SPL.GOVERNMENT PLEADER SRI. SUJITH MATHEW JOSE,
            R5 BY ADVS. SRI.P.P.THAJUDEEN,
                           SMT.C.SEENA.


            THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
            ON 03-02-2014, THE COURT ON THE SAME DAY DELIVERED
            THE FOLLOWING:

Prv.

W.P.(C).NO.32313/2013-L:


              APPENDIX


PETITIONERS' EXHIBITS:


EXHIBIT P1 : TRUE COPY OF THE COMPLAINT DATED 21.11.2013 SUBMITTED BY
              THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 : TRUE COPY OF THE COMPLAINT DATED 10.12.2013 SUBMITTED BY
              THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 : TRUE COPY OF THE MINUTES HELD ON 10.12.2013 AUTHORIZING THE
              PETITIONERS TO FILE THIS WRIT PETITION.


RESPONDENTS' EXHIBITS: NIL.




                                             //TRUE COPY//




                                             P.A. TO JUDGE.

Prv.



                    MANJULA CHELLUR,C.J.
                                 &
                       A.M.SHAFFIQUE, J.
                = = = = = = = = = = = = = = = =
                    W.P.(c) No.32313 of 2013
           = = = = = = = = = = = = = = = = = = = = =
             Dated this the 3rd day of February, 2014

                           JUDGMENT

Manjula Chellur,CJ Petitioners are the Vice President and Executive member of Parent-Teachers Association of Government Polytechnic College, Purapuzha, Idukki district. In the polytechnic concerned most of the students who are pursuing technical courses belong to economically backward classes. Students' Union calling for strike is putting the students in peril who are seriously pursuing their education. They have even resorted to violent action by damaging the properties of the college. Therefore, petitioners had to approach this Court in order to see that students who were genuinely pursuing education should not be disturbed by loosing academic days.

2. The entire situation seems to be, some of the students of 5th respondent are supported and some are not supported by 6th W.P.(c) No.32313 of 2013 2 and 7th respondent, which resulted in internal disputes between 5th,6th and 7th respondent members, ultimately disturbing the atmosphere in the college. One after the other, respondents 5 to 7 are resorting to strike which is disturbing the education of genuine students who are pursuing education in the college.

3. Learned Counsel for the petitioners submits, after interim order dated 27.12.2013, in this writ petition, the classes are being run smoothly without any disturbance. Learned Government Pleader also supports the contention of the writ petitioners.

In the light of the above circumstances, the interim order dated 27.12.2013 is made absolute.

MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE.

sj 4/02