Kerala High Court
Dr.Abraham V Kuriakose vs State Of Kerala on 30 September, 2019
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941
WP(C).No.20901 OF 2019(K)
PETITIONER:
DR.ABRAHAM V KURIAKOSE
AGED 58 YEARS,
MANAGER, ST. THOMAS COLLEGE OF ADVANCED
STUDIES, THOMPIKANDAM PO, EDAMURY, RANNY,
PATHANAMTHITTA (DISTRICT), PIN-689 676.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 DISTRICT POLICE CHIEF
PATHANAMTHITTA, MAKKAMKUNNU, PATHANAMTHITTA,
PIN-689 645.
3 CIRCLE INSPECTOR OF POLICE
RANNI, PIN-689 672, PATHANAMTHITTA DISTRICT.
4 KERALA STUDENTS UNION (KSU)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
PRESIDENT, REJO THOPPIL, C/O PRESIDENT,
CONGRESS (I) BLOCK COMMITTEE, PAZHAVANGADI
P.O., RANNY, PATHANAMTHITTA, PIN-689 673.
5 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP)
RANNI TALUK UNIT, REPRESENTED BY ITS SECRETARY,
UMESH, C/O. MANDALAM PRESIDENT, BJP, CHALLUNKAL
BUILDING, PAZHAVANGADI P.O, RANNY,
PATHANAMTHITTA, PIN-689 673.
WP(C).No.20901 OF 2019
2
6 STUDENTS FEDERATION OF INDIA (SFI)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
SECRETARY, RENJU THOTTAMON, C/O. SECRETARY,
CPI(M) AREA COMMITTEE OFFICE, THOTTAMON, RANNY,
PATHANAMTHITTA, PIN-689 672.
R1-3 BY GOVERNMENT PLEADER
SRI P.P.THAJUDHEEN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.09.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.20901 OF 2019
3
JUDGMENT
This writ petition is instituted seeking directions to respondents 1 to 3 to render adequate and meaningful police protection for the proper and free functioning of St.Thomas College of Advanced Studies, Thompikandam P.O., Edamury, Ranny, Pathanamthitta and also to prevent disruption of regular classes and instigation of acts of indiscipline by the activities of respondents 4 to 6 and their supporters.
2. It is seen that though notice was issued to respondents 4 to 6 by special messenger, they have not entered appearance. In the circumstances, this Court passed an interim order on 19.08.2019 which reads thus:
"The 3rd respondent shall enquire into the allegations and ensure that no outsiders are permitted to enter into the college without the permission of the Principal, who is the absolute authority in so far as the college is concerned.
The 3rd respondent shall file a report within three weeks from today."
Respondents 4 to 6 have not entered appearance even now. In the circumstances, I deem it appropriate to dispose of the writ petition WP(C).No.20901 OF 2019 4 making the interim order dated 19.8.2019 absolute. Ordered accordingly. There will also be a direction to respondents 2 and 3 to provide police protection sought for by the petitioner as and when requested for by him.
Sd/-
P.B.SURESH KUMAR, JUDGE.
mpm WP(C).No.20901 OF 2019 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 19.7.2019 SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 26.7.2019 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 13.2.2017 IN WPC 3476 OF 2017.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 31.7.2017 IN WPC 24995 OF 2017 AND CONNECTED CASES.
// TRUE COPY // P.,A TO JUDGE