Kerala High Court
M/S. Pazhassi Raja Nss College vs The Commissioner Of Police on 4 January, 2016
Author: A. Hariprasad
Bench: K.T.Sankaran, A.Hariprasad
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938
WP(C).No. 1082 of 2016 (I)
PETITIONER:
M/S. PAZHASSI RAJA NSS COLLEGE
MATTANNUR, KANNUR, REPRESENTED BY
ITS PRINCIPAL DR. K.SANKAR.
BY ADVS.SRI.P.CHANDRASEKHAR
SRI.S.PRASANTH
SRI.SOORAJ T.ELENJICKAL
SRI.P.A.MOHAMMED SHAH
SMT.UMA
SRI.K.NANDAKUMAR
SMT.V.A.HARITHA
SMT.P.M.MAZNA MANSOOR
RESPONDENTS:
1. THE COMMISSIONER OF POLICE, KANNUR- 670 003.
2. THE SUB INSPECTOR OF POLICE
MATTANNUR POLICE STATION, KANNUR DISTRICT 670 702.
3. THE STUDENTS FEDERATION OF INDIA
PAZHASSI RAJA NSS COLLEGE UNIT,
REPRESENTED BY ITS SECRETARY, PIN 670 702
4. ABOO SALIH. A.,VI SEMESTER BA (ENGLISH),
M/S. PAZHASSI RAJA NSS COLLEGE,
MATTANNUR, KANNUR 670 702.
5. ABHINASH. P.K., VI SEMESTER BA (HISTORY),
M/S. PAZHASSI RAJA NSS COLLEGE,
MATTANNUR, KANNUR 670 702.
6. AMAL NARAYAN, VI-SEMESTER BA (ECONOMICS),
M/S. PAZHASSI RAJA NSS COLLEGE,
MATTANNUR, KANNUR 670 702.
SENIOR GOVERNMENT PLEADER SRI.C.P.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.05.2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1082 of 2016 (I)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF THE PHOTOGRAPHS
EXT.P2: TRUE COPY OF THE ORDER ISSUED TO 4TH RESPONDENT DATED
04.01.2016.
EXT.P3: TRUE COPY OF THE ORDER ISSUED TO 5TH & 6TH RESPONDENTS
DATED 04.01.2016.
EXT.P4: TRUE COPY OF THE REQUEST TO THE 2ND RESPONDENT DATED
06.01.2016 (WITH ENGLISH TRANSLATION).
EXT.P5: TRUE COPY OF THE REQUEST TO THE 2ND RESPONDENT DATED
06.01.2016.
EXT.P6: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE
THE SUPERINTENDENT OF POLICE,KANNUR AND 2ND
RESPONDENT DATED 07.01.2016.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
AHZ/
K.T.SANKARAN &
A. HARIPRASAD, JJ.
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W.P.(C) No.1082 of 2016 (I)
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Dated this the 18th day of May, 2016
JUDGMENT
K.T.Sankaran, J.
The petitioner is Pazhassi Raja NSS College represented by its Principal. It is stated that the College has a total strength of 1300 students and 105 teaching and non-teaching staff.
2. It is stated that in 2012, the third respondent (The Students Federation of India) erected a flag pole and a flag inside the campus. It is stated that respondents 4 to 6 are the active workers of the third respondent. The averment in the Writ Petition is that the erection of the flag pole by the third respondent led to erection of similar flag poles by the Kerala Students Union (KSU) and the Akhila Bharateeya Vidyarthi Parishad (ABVP). Clashes among the students took place in the College on several occasions. There was an understanding among all that all the flags will be removed. Accordingly, KSU as well as ABVP removed the flags on 3.9.2015, but the third respondent refused to remove the flag and after much W.P.(C) No.1082 of 2016 (I) :: 2 ::
persuasion the third respondent also removed the flag. It is stated that contrary to the understanding, the third respondent again erected a flag pole and hoisted its flag on 14.12.2015. The other students unions also attempted to erect their flags. The third respondent called for an indefinite strike from 4.1.2016. It is alleged in the Writ Petition that the members of the third respondent with the assistance of outsiders barged into the cabin of the Principal, destroyed the furniture and manhandled the Principal in their effort to persuade the Principal to allow political activities in the campus. The College council suspended respondents 4 to 6 for their alleged misbehaviour, by the order dated 4.1.2016. Suspension of respondents 4 to 6 aggravated the situation which led to the closure of the College on 6.1.2016. Ultimately, the Principal had to seek for police assistance. Later, the Writ Petition was filed for the following reliefs:
"(i) To issue a writ of mandamus or other appropriate writ direction or order directing the 1st and 2nd respondents to afford adequate protection to the Petitioner institution, its Principal, staff and students so as to resume the academic activities immediately from the threat and unlawful activities of the respondents 3 to 6.
W.P.(C) No.1082 of 2016 (I)
:: 3 ::
(ii) To issue a writ of mandamus or other appropriate writ direction or order directing the respondents 1 and 2 to remove all obstructions to the ingress and egress to and from the petitioner institution caused by the respondents 3 to 6 and their supporters and to further direct to grant sufficient protection to remove the flags and posters erected by the 3rd respondent and also to aid the petitioner to maintain the peaceful atmosphere inside the campus by preventing any type of demonstration or blockages inside the college campus by the respondents 3 to 6.
(iii) To grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case;
and
(iv) Allow the writ petition with costs."
3. When the Writ Petition came up for admission on 12.1.2016, a Division Bench of this Court passed the following order:
"Issue notice to respondents 3 to 6. Learned Government Pleader appears for respondents 1 and 2.
Petitioner is an institution which has come up in the writ petition seeking police protection against the W.P.(C) No.1082 of 2016 (I) :: 4 ::
strike and violence by respondents 3 to 6 who are the students of the college. Petitioner's case is that the college is closed from 06/01/2016 on account of the violentic activities undertaken by respondents 3 to 6 of entering into the room of the Principal and obstructing the normal functioning of the college. It is further submitted that the Principal was detained for three hours by the students.
Having regard to the aforesaid factual circumstances, we direct the 2nd respondent to ensure that no obstruction is being created in the smooth functioning of the college by respondents 3 to 6."
4. Learned Government Pleader submitted that after passing the interim order dated 12.1.2016 peace was restored in the College and the petitioner could run the College smoothly till the College was closed for summer vacation. Learned counsel for the petitioner submitted that the flag poles have been removed and at present there is no tensed situation in the College campus. However, the learned counsel submitted that after reopening the College again the same questions may arise, which may result in unhappy incidents and clashes between groups of students. W.P.(C) No.1082 of 2016 (I)
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5. There is no appearance for the respondents. The apprehension voiced by the petitioner cannot be ruled out as irrelevant, taking into account the past incidents which took place since 3.9.2015. We are of the view that sufficient protection shall be provided to the petitioner to run the College smoothly and to protect the safety of the students and the staff and the properties of the College.
Accordingly, the Writ Petition is allowed. Respondents 1 and 2 shall afford adequate police protection to the petitioner, its Principal and Staff for the smooth functioning of the College. Since the flag poles have been removed now, any further attempt to erect flag poles should be prevented and for that purpose, sufficient protection shall be provided by respondents 1 and 2.
K.T.SANKARAN Judge A. HARIPRASAD Judge ahz/