Kerala High Court
Principal vs The District Police Chief on 6 August, 2015
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937
WP(C).No. 21742 of 2015 (P)
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PETITIONER :-
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PRINCIPAL, MSM COLLEGE, KAYAMKULAM.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
RESPONDENTS :-
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1. THE DISTRICT POLICE CHIEF,
ALAPPUZHA - 688 081.
2. DEPUTY SUPERINTENDENT OF POLICE,
KAYAMKULAM - 690 502.
3. THE CIRCLE INSPECTOR OF POLICE,
KAYAMKULAM - 690 502.
4. THE KERALA STUDENTS UNION
CONGRESS BHAVAN NEAR KSRTC REPRESENTED BY ITS
UNIT PRESIDENT AFSIN, KAYAMKULAM - 690 502.
5. THE KERALA STUDENTS FEDERATION,
CPM AREA COMMITTEE OFFICE, KAYAMKULAM
OPPOSITE GOVT.HOSPITAL, PIN - 690 502
REP BY ITS PRESIDENT HARIJIT
6. THE ALL INDIA STUDENTS FEDERATION CPI COMMITTEE OFFICE
NATIONAL HIGH WAY KAYAMKULAM UNIT, PIN - 690 502
REPRESENTED BY ITS UNIT PRESIDENT MAHESH.
7. THE CAMPUS FRONT OF INDIA
SDPI OFFICE, NEAR VEGETABLE MARKET, KAYAMKULAM - 690 502
REPRESENTED BY ITS UNIT PRESIDENT ASHKAR
R5 BY ADV. SRI.K.SHAJ
SRI.RENJIT GEORGE
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21742 of 2015 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS :-
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EXT.P1 :- TRUE COPY OF THE JUDGMENT DTD 17/6/2015 IN WPC NO
21752/2013 OF THIS HON'BLE COURT.
EXT.P2 :- TRUE COPY OF THE REPRESENTATION DTD 6/7/2015 SUBMITTED
BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXT.P3 :- TRUE COPY OF THE ORDER DTD 10/7/2015 IN CONT CASE NO
993/2015 OF THIS HON'BLE COURT.
EXT.P4 :- TRUE COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI
DAILY DTD 11/7/2015.
EXT.P4(A) :- TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P4.
RESPONDENT(S)' EXHIBITS :- NIL
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//TRUE COPY//
P.A. TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
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W.P.(C) No. 21742 OF 2015
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Dated this the 6th day of August, 2015
JUDGMENT
Shaffique, J.
The petitioner has approached this Court inter alia seeking the following relief:
"i. Issue a writ of mandamus or other appropriate writ order or direction commanding to the respondents 1 to 3 to afford adequate police protection to the petitioner's college by directing them to remove the members of respondents 4 to 7, 100 mts away from the college premises and interdict their use of megaphone."
2. It is contended that the members of respondents 4 to 7 Unions have erected a structure in front of the College and in the guise of conducting demonstration, they are taking law into their hands and are creating nuisance and disturbance to the functioning of the college. They are also using megaphones and using filthy language against the College Management, Principal etc. Petitioner submits that when there was an instance by which the Police vehicle hit on the structure erected by the agitators, under the said guise the members of the Unions have blocked the National Highway for about an WP(C) No. 21742 of 2015 -:2:- hour and police ultimately had to re-construct the temporary shed/structure. It is at that stage the petitioner has approached this Court and made the request to remove the members of respondents 4 to 5 Unions 100 mtrs away from the college premises and interdict the use of megaphones.
3. Though notice was ordered to respondents 4 to 7, only 5th respondent has appeared before this Court. Learned counsel for the 5th respondent submits that they have not created any obstruction. They are only conducting a peaceful demonstration. They are not using megaphones or any other devise and they have not used any unparliamentary language as alleged by the petitioner. They have also not obstructed any person in any manner and functioning of the College has not been obstructed.
4. Learned Government pleader on instructions would submit that police had acceded to the demand for re-erecting the shed on account of certain special circumstances, but after the judgment of this Court in W.P.(C) No. 21752 of 2013 (Ext.P1), no untoward incident had been reported and the College is smoothly functioning. As far as the agitators are concerned, they have put WP(C) No. 21742 of 2015 -:3:- up a temporary shed, but it is not in front of the college gate, and it in no way obstructs the movement of men or vehicles and is not obstructing the gate also.
5. Having regard to the aforesaid factual situation we are of the view that the interference of police will be required only if there is any kind of nuisance or obstruction by the members of respondents 4 to 7 Unions. However, Police has to ensure that no megaphones or similar devices are used by the members of respondents 4 to 7 Unions and if any nuisance is caused to the public or to the college authorities, the police shall take necessary action and if nuisance continues, the police shall take necessary steps to remove the shed from the area in question.
With the above observation, the Writ Petition is closed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/07/08