Kerala High Court
C.M. Baby vs The Sub Inspector Of Police on 14 September, 2012
Author: A.M.Shaffique
Bench: 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
THURSDAY, THE 13TH DAY OF FEBRUARY 2014/24TH MAGHA, 1935
WP(C).No. 3610 of 2014 (A)
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PETITIONER :
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C.M. BABY
PRINCIPAL, MAR ELIAS COLLEGE, KOTTAPPADY P.O
KOTTAPPADY VILLAGE, KOTHAMANGALAM
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENTS :
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1. THE SUB INSPECTOR OF POLICE
KOTTAPPADY POLICE STATION, ERNAKULAM RURAL 680 505.
2. THE CIRCLE INSPECTOR OF POLICE,KURUPPUMPADY 683 545.
3. STUDENT'S FEDERATION OF INDIA(SFI),
MAR ELIAS COLLEGE,KOTTAPPADY UNIT,
REPRESENTED BY ITS SECRETARY 680 505.
4. KERALA STUDENTS' UNION(KSU)
MAR ELIAS COLLEGE, KOTTAPPADY UNIT
REPRESENTED BY ITS SECRETARY 680 505.
5. AKHILA BHARATHIYA VIDYARTHI PARISHATH(ABVP),
MAR ELIAS COLLEGE,KOTTAPPADY UNIT,
REPRESENTED BY ITS SECRETARY 680 505.
R1 & R2 BY SPL.GOVERNMENT PLEADER, SRI.SUJITH MATHEW JOSE.
R5 BY ADV. SRI.JOSEPH RONY JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3610 of 2014 (A)
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APPENDIX
PETITIONER'S EXHIBITS :
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EXHIBIT P1 TRUE COPY OF THE COMPLAINTS DATED 14/09/2012 FILED BY THE
PETITIONER ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 18/09/2012 FILED BY THE
MANAGER OF THE COLLEGE ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P3 THE PETITIONER FILED A COMPLAINT BEFORE THE 1ST
RESPONDENT ON 28/09/2013 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT,KOTHAMANGALAM DATED 8/10/2013.
EXHIBIT P5 TRUE COPY OF THE FIR IN CRIME NO 396/2013 OF KOTTAPPADY
POLICE STATION ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 28/1/2014 ALONG WITH
ENGLISH TRANSLATION.
EXHIBIT P7 TRUE COPY OF THE FIR IN CRIME NO 52/2014 OF KOTTAPPADY
POLICE STATION ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P8 TRUE COPY OF THE FIR IN CRIME NO 51/2014 OF KOTTAPPADY
POLICE STATION ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 30/1/2014 CALLING STRIKE
ISSUED BY THE 4TH RESPONDENT ALONG WITH ENGLISH
TRANSLATION.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 30/1/2014 CALLING STRIKE BY
THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS :
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NIL
/TRUE COPY/
PA TO JUDGE
Manjula Chellur, C.J. & A.M. Shaffique, J.
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W.P.(C) No. 3610 OF 2014
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Dated this the 13th day of February, 2014
JUDGMENT
Manjula Chellur, C.J.
The Principal of Mar Elias College, Kottappady is before us seeking police protection complaining illegal activities of students belonging to respondent unions 3, 4 and 5. The material on record shows, in 2013 the management had to file a private complaint seeking action against the students who resorted to illegal activities and now so far as respondents 3, 4 and 5 since 30.09.2012 there is persistent and consistent disturbance to the regular classes being conducted, therefore they have approached this Court.
2. According to learned Government Pleader, when a complaint was received regarding disturbance of law and order in the College campus, Police investigated and cases were registered against the erring students. According to the Police, no such disturbance prevails as of now. This is categorically denied by the petitioner's Advocate contending that whenever an agitation of the students is supported by political party, Police decline to interfere and do the needful. WP(C) No. 3610 of 2014 -:2:-
3. Completion of academic year would mean regular classes have to be taken on regular basis. If classes were to be suspended on account of the activities of respondents 3, 4 and 5, College will not be able to complete the course for the academic year. This would again have an impact on the students who are genuinely pursuing their education. In the light of above observations we are of the opinion, petitioner is justified in approaching the Court, therefore, the Writ Petition is allowed with the following directions:
The respondent Police shall keep a strict vigilance on the activities of respondents 3 to 5 unions so far as the College in question. Whenever the Principal or Management of the College approaches the respondent Police, they shall immediately attend to and do the needful so as to have regular classes being run without any disturbance.
Manjula Chellur, Chief Justice.
A.M. Shaffique, Judge.
ttb/13/02 WP(C) No. 3610 of 2014 -:3:-