Kerala High Court
Rajendran K.D vs The Sub Inspector Of Police on 28 April, 2016
Author: P.V.Asha
Bench: C.K.Abdul Rehim, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 18TH DAYOF JULY2016/27TH ASHADHA, 1938
WP(C).No. 22820 of 2016 (B)
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PETITIONER(S):
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1. RAJENDRAN K.D., AGED 58,
S/O. DAMODARAN, PRANAVAM,
CHINGAVANAM P.O., KOTTAYAM.
2. VINOD VISWANATHAN, AGED 47,
S/O. VISWANATHAN, VATTAMALA,
K. CHAPPATH P.O., IDUKKI.
BY ADVS.SRI.T.A.UNNIKRISHNAN,
SRI.K.K.AKHIL.
RESPONDENT(S):
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1. THE SUB INSPECTOR OF POLICE,
GANDHINAGAR POLICE STATION,
KOTTAYAM DISTRICT, PIN-686 008.
2. SHIBU KURUVILA, UNIT PRESIDENT,
STUDENTS FEDERATION OF INDIA (SFI),
THIRD YEAR BMRT STUDENT,
SCHOOL OF MEDICAL EDUCATION,
GANDHI NAGAR, KOTTAYAM, PIN-686 008.
3. MUHAMED SHANEEB,
UNIT PRESIDENT, KERALA STUDENTS UNION (KSU),
THIRD YEAR BMRT STUDENT,
SCHOOL OF MEDICAL EDUCATION,
GANDHI NAGAR, KOTTAYAM, PIN-686 008.
4. THE DIRECTOR,
SCHOOL OF MEDICAL EDUCATION,
GANDHI NAGAR, KOTTAYAM, PIN-686 008.
WP(C).No. 22820 of 2016 (B)
5. THE MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
KOTTAYAM, PIN-686 008.
R1 & R4 BY GOVT.PLEADER SRI.P.P. THAJUDEEN.
R2 BY ADVS. SRI.T.B.HOOD,
SMT.M.ISHA,
SRI.AMAL KASHA.
R5 BY ADV. ASOK M. CHERIAN, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18-07-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).No. 22820 of 2016 (B)
APPENDIX
PETITIONER'S EXHIBITS:-
P1 TRUE COPY OF THE MINUTES OF THE PARENT TEACHER'S
ASSOCIATION MEETING HELD ON 28-06-2014.
P2 TRUE COPY F THE UNIVERSITY ORDER NO. 247/SFIII/2016/ADMN
DATED 28-04-2016 ISSUED BY THE REGISTRAR OF MAHATMAGANDHI
UNIVERSITY.
P3 TRUE COPY OF THE REQUEST DATED 13-06-2016 SUBMITTED
BEFORE THE FIRST RESPONDENT.
P4 TRUE COPY OF THE REQUEST DATED 15-06-2016 SUBMITTED
BEFORE THE FIRST RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
C.K.ABDUL REHIM
&
P.V.ASHA, JJ.
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W.P.(C).No.22820 of 2016
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Dated this the 18th day of July, 2016
J U D G M E N T
C.K.ABDUL REHIM, J The petitioners are the parents of two students studying in the School of Medical Education, Gandhi Nagar, Kottayam, of which the 4th respondent is the Director. The Institution is a self-financing College run by the 5th respondent. The petitioners are the office bears of the Parent-Teachers Association of the Institution. It is stated that, more than 1300 students are studying in the said Institution for various Para-Medical courses. The petitioners are expressing grievances about the loss of classes in the Institution due to organised illegal agitations conducted by students' unions, headed by respondents 2 and 3. Further allegations are made to the extent that, respondents 2 and 3 organisations are supported by service organisations of employees working in the 5th W.P.(C).No.22820 of 2016 2 respondent University. It is also alleged that, the agitations being created with support of outside agencies. It is pointed out that the Institution was forced to close down on 13.06.2006 because of such agitations and it could be reopened only at the intervention of the Parent- Teacher's Association, after a few days. Now, new admissions to the Institution is going on and the respondents 2 and 3 unions are indulging in clashes between the students under the guise of canvasing new students to join their organisations. It is stated that, the 5th respondent had issued Ext.P2 order giving directions to the 4th respondent to take immediate steps to prevent the illegal activities of the students' unions. Based on Ext.P2, the 4th respondent had submitted a request to the 1st respondent to take necessary steps to provide sufficient Police surveillance for enabling the smooth conduct of classes in the Institution. But it is alleged that the Police authorities are not taking any effective steps, despite Exts.P3 and P4 complaints submitted. Hence the petitioners seek appropriate directions from this Court to W.P.(C).No.22820 of 2016 3 the 1st respondent to afford effective and meaningful protection for smooth functioning of the Institution.
2. Learned Standing counsel appearing for respondents 4 and 5 had supported the contentions of the petitioner, conceding the fact that smooth functioning of the Institution and the conduct of classes therein are disrupted due to the illegal activities of respondents 2 and 3. In a statement filed on behalf of respondents 4 and 5 it is conceded that, there were undue antecedents of violence in the Institution, and that the 4th respondent was compelled to seek Police assistance in maintaining peaceful atmosphere in the campus. It is stated that, since the scheduled counselling for the admission process is approaching, it is essential to have Police protection to ensure peaceful atmosphere in the campus.
3. Despite service of notice, nobody appeared for respondents 2 and 3. We are of the firm opinion that it is necessary to take effective steps to prevent any illegal activities of respondents 2 and 3 unions to the extent it interfere and disturb the peaceful functioning of the W.P.(C).No.22820 of 2016 4 Institution and the conduct of classes without loss of any working days. It is for the 1st respondent to take effective steps at the request of the 4th respondent, to maintain such peaceful atmosphere and to prevent any sort of unruly activities within the campus of the Institution.
4. Therefore the above writ petition is hereby disposed of by directing the 4th respondent to seek necessary assistance from the 1st respondent, as and when found necessary, for preventing any illegal activities. Needless to observe that if any such request is received, the 1st respondent shall take meaningful steps to afford adequate protection for the smooth functioning of the Institution and for conduct of the classes without any disruption.
Sd/-
C.K.ABDUL REHIM, JUDGE.
Sd/-
P.V.ASHA, JUDGE.
AS/19/07/2016