Kerala High Court
Prof. Raju Kuruvilla vs State Of Kerala on 26 February, 2020
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
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.3476 OF 2017(H)
PETITIONER:
PROF. RAJU KURUVILLA, AGED 71 YEARS
MANAGER CORPORATE MANAGEMENT OF SCHOOLS,ST.
THOMAS VALIYAPALLY EDAVAKA,RANNY,
PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM PIN-695001
2 STATE POLICE CHIEF,
POLICE HEADQUARTERS, VAZHUTHAKADU,
THIRUVANANTHAPURAM PIN-695010
3 DISTRICT POLICE CHIEF
PATHANAMTHITTA, MAKKAMKUNNU,
PATHANAMTHITTAPIN-689645
4 CIRCLE INSPECTOR OF POLICE
RANNI, PIN-689672, PATHANAMTHITTA DIST.
W.P.(C) No.3476 of 2017 & con. cases
2
5 STUDENTS FEDERATION OF INDIA (SFI)
RANNI TALUK UNIT REPRESENTE DBY ITS TALUK
SECRETARY, ROBIN J.THAMBI,
C/O. SECRETARY, CPI(M) AREA COMMITTEE OFFICE,
THOTTAMON, RANNY, PATHANAMTHITTA PIN-689672
6 KERALA STUDENTS UNION (KSU)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
PRESIDENT,FEBIN CHETHAKKAL, C/O. PRESIDENT,
CONGRESS(I) BLOCK COMMITTEE, PAZHAVANGADI,
RANNY, PATHANAMTHITTA PIN-689672
7 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP)
RANNI TALUK UNIT,REPRESENTED BY ITS
SECRETARY,LEBIN BAIJU, C/O. MANDALAM PRESIDENT,
BJP, THAMARASSERIL BUILDING, MAMUKKU,
PAZHAVANGADI RANNY,
PATHANAMTHITTA PIN-689672
SRI. C.P SUDHAKARA PRASAD AG AND
SRI. P.P. THAJUDEEN SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).21770/2017(U) AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.21770 OF 2017
PETITIONER:
BHAVAN'S N A PALKHIVALA ACADEMY FOR ADVANCED
LEGAL STUDIES & RESEARCH (BHAVAN'S PALSAR)
P.B. NO.8, RAMANATTUKARA PO,KOZHIKODE-
676633,REP. BY ITS PRINCIPAL.
BY ADVS.
SRI.SHYAM PADMAN
SRI.C.M.ANDREWS
SMT.BOBY M.SEKHAR
RESPONDENTS:
1 SUB INSPECTOR OF POLICE, FEROKE
FEROKE, KOZHIKODE.676631.
2 SUB INSPECTOR OF POLICE
THENHIPALAM, MALAPPURAM,673636.
3 COMMISSIONER OF POLICE
KOZHIKODE.673001.
4 DEPUTY SUPERINTENDENT OF POLICE
MALAPPURAM, MALAPPURAM-673573.
W.P.(C) No.3476 of 2017 & con. cases
4
5 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.695001.
6 SARJAS A.T
8TH SEMESTER, AGED 25, S/O HUSSAIN KOYA
A.T,14/51, CHAKKERI KADUPARAMBU, ARAKKINAR PO,
CALICUT.673028.
7 AKSHAY BABURAJ
8TH SEMESTER, AGED 22, S/O BABURAJ, KANNAMKULAM
KALARAIKKAL (H),CHENTRAPPINNI PO,
THRISSUR.680687.
8 NAVNEETH MN.
6TH SEMESTER, AGED 20, MUKUNDARAJ K,
NAVATHARA HOUSE,VELIMUKKU PO, POTTAMMAL,
MALAPPURAM-676317.
9 ANFAS C.K
4TH SEMESTER, AGE 24, S/O ASHRAF, KELANKANDIYIL
HOUSE, KAKKATTIL PO, KOZHIKODE.673507.
10 FASAL M.P
4TH SEMESTER, AGE 24, MOIDEEN KOYA, CHAPPANGAYL
HOUSE, PARAMBIL PO,
PARAMBIL BAZAR, KOZHIKODE. 673012.
11 MIDHUN KRISHNA K
4TH SEMESTER KOTTEKKOT HOUSE,
PATHAIKKARA POST, PERINTHALMANNA,
MALAPPURAM,679322.
12 ASIF RAHMAN M, 2TH SEMESTER, AGE 19,
S/O ABBDULKHADER M, MEZHUVANGAL NEDIYANAD,
NARIKKUNI PO, KOZHIKODE. 673585.
W.P.(C) No.3476 of 2017 & con. cases
5
13 JINEESH LAL M
8TH SEMESTER, AGE 25, S/O SHANMUGHAN M,
MELEVADAKKENI (H),FAROOK COLLEGE
PO,KOZHIKODE.673632.
14 JAMSHEER K
2TH SEMESTER, AGE 28, S/O EBRAHIM
MP.KEEREERAKATH, CHUZHALI PO, KANNUR.670631.
15 SAREER AKRAM C.T
8TH SEMESTER, AGE22, S/O ZAKIR HUSSAIN
CT,21/116A, "SOLACE, G.S.A ROAD,KALLAI,
KOZHIKODE.673003.
16 MOHAMMED SHAREEF PAINATTIL
8TH SEMESTER, AGE 28, S/O SHAREEF
PAINATTIL,PAINATTIL HOUSE, KARUMBIL, VENNIYOUR
PO,MALAPPURAM -676508.
17 BALRAJ A.S
8TH SEMESTER, AGE 25, S/O BABYRAJ M,KARTHIKA
HOUSE, VALLIKUNNU,MALAPPURAM-673314.
R1, R6 BY ADV. SRI.NIRMAL. S
R1, R7 BY ADV. SMT.VEENA HARI
OTHER PRESENT:
C.P SUDHAKARA PRASAD AG AND P.P. THAJUDEEN SR
GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.23272 OF 2017
PETITIONER:
MARTHOMA PRIVATE INDUSTRIAL TRAINING INSTITUTE
CHERUKOLE.P.O., KOZHENCHERRY REPRESENTED BY ITS
ADMINISTRATOR, K.CHERIAN MATHEWAGED 85 YEARS,
S/O. K.G. CHERIANRESIDING AT KURUNTHOTTICKAL
HOUSE, MELUKKARA.P.O.KOZHENCHERRY
BY ADVS.
SRI.CHERIAN GEE VARGHESE
SRI.P.HARIDAS
SRI.P.C.SHIJIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPT. OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
2 DISTRICT POLICE CHIEF
PATHANAMTHITTA- 689 645
3 DEPUTY SUPERINTENDENT OF POLICE
PATHANAMTHITTA- 689 645
4 CIRCLE INSPECTOR OF POLICE
KOZHENCHERRY- 689 650
W.P.(C) No.3476 of 2017 & con. cases
7
5 SUB INSPECTOR OF POLICE
ARANMULA- 689 650
6 UNIT SECRETARY
STUDENTS FEDERATION OF INDIA(SFI), MARTHOMA
PRIVATE INDUSTRIAL TRAINING INSTITUTE,
CHERUKOLE.P.O., ALSO AT COMMUNIST PARTY OF
INDIA(MARXIST)(CPIM), KOZHENCHERRY AREA
COMMITTEE, 689650
7 UNIT SECRETARY
KERALA STUDENTS UNION(KSU), MARTHOMA PRIVATE
INDUSTRIAL TRAINING INSTITUTE, CHERUKOLE.P.O.,
ALSO AT INDIAN NATIONAL CONGRESS, KOZHENCHERRY
BLOCK COMMITTEE- 689 656
8 UNIT SECRETARY
AKHILA BHARATIYA BIDHYARTHI PARISHAD (ABVP),
MARTHOMA PRIVATE INDUSTRIAL TRAINING INSTITUTE,
CHERUKOLE.P.O.ALSO AT OFFICE OF AKHILA
BHARATHIYA VIDYARTHI PARISHAD(ABVP),
KOZHENCHERRY-689 650
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.23308 OF 2017
PETITIONER/S:
ST. MARY'S COLLEGE OF COMMERCE & MANAGEMENT
STUDIES
THURUTHIPLY, VALAYANCHIRANGARA P.O. ALLAPRA,
PERUMBAVOOR, ERNAKULAM DIST. PIN- 683 556 REP.
B Y ITS MANAGER T.T. JOY, AGED 65 YEARS, S/O
THARAU, RESIDING AT THOMBARA HOUSE,
THIRUTHUPILLY, PERUMBAVOOR
BY ADV. SRI.JOSEPH M.P.
RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE
PERUMBAVOOR- 683 556, ERNAKULAM DIST.
2 THE SUB INSPECTOR OF POLICE
PERUMBAVOOR POLICE STATION,
PERUMBAVOOR- 683 556, ERNAKULAM
3 SREECHIT SIVAN
MUTHIYERIKUNNEL HOUSE, VENGOLA VILLAGE,
ALLAPRA P.O. PERUMBAVOOR- 683 556, ERNAKULAM
4 VISHNU SURESH
S/O SURESH, CHAYAT HOUSE,
W.VENGOLA, ERNAKULAM- 683 556
W.P.(C) No.3476 of 2017 & con. cases
9
5 VIVEK
S/O SURESH, CHAYAT HOUSE,
W.VENGOLA, ERNAKULAM- 683 556
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR GP
R1, R4 BY ADV. SRI.S.MANU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.23860 OF 2017
PETITIONER:
BROOK INTERNATIONAL SCHOOL
REPRESENTED BY ITS PRINCIPALFR.DR.G.ABRAHAM
THALOTHIL, RAJAGIRI, SASTHAMCOTTA P.O., KOLLAM.
BY ADVS.
SRI.P.S.SREEDHARAN PILLAI
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
SRI.T.K.SANDEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695 010.
3 DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA P.O.,
KOLLAM - 691 532.
4 SUB INSPECTOR OF POLICE
SASTHAMCOTTA, KOLLAM, PINCODE - 690 521.
W.P.(C) No.3476 of 2017 & con. cases
11
5 STUDENTS FEDERATION OF INDIA (SFI)
AREA SECRETARY, OFFICE OF COMMUNIST PARTY OF
INDIA (M),BHARANIKAVU, SASTHAMKOTTA P.O.,
KOLLAM, PINCODE - 690 521.
6 ALL INDIA STUDENTS FEDERATION (AISF)
AREA SECRETARY, OFFICE OF COMMUNIST PARTY OF
INDIA (M)BHARANIKAVU, SASTHAMKOTTA P.O.,
KOLLAM,PINCODE - 690 521.
7 AKHILA BHARATHEEYA VIDYARTHI PARISHAD (AVBP)
SECRETARY, MANDALAM COMMITTEE, KUNNATHOOR,
KOLLAM - 690 540.
8 KERALA STUDENTS UNION (KSU)
SECRETARY, BHARANIKAVU, SASTHAMKOTTA P.O.,
KOLLAM PINCODE - 690 521.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.24192 OF 2017
PETITIONER:
PRINCIPAL, DON BOSCO COLLEGE
SULTHAN BATHERY, WAYANAD DISTRICT-673592,BY ITS
PRESENT PRINCIPAL DR. FR.JOY ULLATTIL.
BY ADVS.
SRI.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695010.
3 SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
PUTHOOR VAYAL P.O., KALPETTA, WAYANAD-673121.
4 SUB INSPECTOR OF POLICE
SULTHAN BATHERY POLICE STATION,
SULTHAN BATHERY, WAYANAD-673592.
W.P.(C) No.3476 of 2017 & con. cases
13
5 JISHNU VENUGOPAL
S/O.P.V.VENUGOPAL, PURAKKDI HOUSE,
MEENANGADI P.O., WAYANADU DISTRICT.
6 ARSHID K.P.
S/O.K.P.ABOOBAKER, KARIYATHUMPOYIL HOUSE,
VYTHIRI P.O., WAYANAD.
7 FEBIN
S/O.SULAIMAN, WARD 25/17 MUNDARAYIN HOUSE,
CHEERAL P.O., WAYANAD-673595.
8 LIJO JOHNY
S/O.JOHNY, WARD 13/17 AYYAMVELIL HOUSE, KUPPADI
P.O., WAYANAD-673592.
9 HARIKRISHNAN
S/O.JAYAPRAKASAN, WARD 31/17 KARIKULATHU HOUSE,
KALLUR, NOOLPUZHA P.O., WAYANADU-673592.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.24421 OF 2017
PETITIONER:
A.P.SAJUKUMAR, AGED 48 YEARS
S/O.K.PRABHAKARAN,(THE PRESIDENT), PARENT
TEACHER ASSOCIATION,GOVT. HIGHER SECONDARY
SCHOOL, KULATHUMMAL,KATTAKKADA, RESIDING AT
CHATHAYAM,GANAPATHYAMKUZHI, ARYANAD
P.O.,THIRUVANANTHAPURAM 695 125.
BY ADV. SMT.KEERTHI SOLOMON
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARAIT,
THIRUVANANTHAPURAM 695 001.
2 THE SECRETARY
DEPARTMENT OF EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 THE PRINCIPAL
GOVERNMENT HIGHER SECONDARY SCHOOL,
KULATHUMMAL, KATTAKADA, THIRUVANANTHAPURAM.
W.P.(C) No.3476 of 2017 & con. cases
15
4 THE SUPERINTENDENT OF POLICE RURAL
POOJAPURA JUNCTION, THIRUVANANTHAPURAM 695 012.
5 THE CIRCLE INSPECTOR OF POLICE
KATTAKADA POLICE STATION,THIRUVANANTHAPURAM -
695 572.
6 THE SUB INSPECTOR OF POLICE
KATTAKADA POLICE STATION,
THIRUVANANTHAPURAM 695 572.
7 UNIT SECRETARY
STUDENTS FEDERATION OF INDIA (KATTAKADA UNIT),
NEAR GOVERNMENT HOSPITAL,
KATTAKADA,THIRUVANANTHAPURAM - 695 572.
8 UNIT SECRETARY
KERALA STUDENTS UNION (KATTAKADA UNIT),
OFFICE NEAR CHRISTIAN COLLEGE,
KATTAKADA,THIRUVANANTHAPURAM 695 572.
9 UNIT SECRETARY
AKHILA BHARATHIYA VIDYARTHI PARISHATH
(KATTAKADA UNIT), OFFICE AT KATTAKADA
JUNCTION,THIRUVANANTHAPURAM 695 572.
10 UNIT SECRETARY
ALL INDIA STUDENTS FEDERATION (KATTAKADA UNIT)
NEAR KSRTC BUS STAND, KATTAKADA,
THIRUVANANTHAPURAM 695 572.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.24629 OF 2017
PETITIONER:
M.M.A. HIGHER SECONDARY SCHOOL, MARAMON
REPRESENTED BY ITS MANAGER REV. C.V
SIMONMARAMON P.O, KOZHENCHERRY,PATHANAMTHITTA
689 548
BY ADV. SRI.N.N.SASI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY HOME SECRETARY
SECRETARIAT BUILDING, TRIVANDRUM.
2 CIRCLE INSPECTOR OF POLICE
KOZHENCHERRY, KOZHENCHERRY P.O,
PATHANAMTHITTA 689 641
3 SUB INSPECTOR OF POLICE
KOIPPURAM, PULLAD P.O, KOZHENCHERRY,
PATHANAMTHITTA
4 STUDENTS FEDERATION OF INDIA (S.F.I)
S F I LOCAL COMMITTEE, KOZHENCHERRY,REPRESENTED
BY ITS SECRETARY DONIYC/O. C.P.I(M) LOCAL
COMMITTEE OFFICENEAR GOVT. HOSPITAL,
KOZHENCHERRY 689 641
W.P.(C) No.3476 of 2017 & con. cases
17
5 KERALA STUDENTS UNION (K.S.U)
K.S.U MANDALAM COMMITTEE,
KOZHENCHERRY,REPRESENTED BY ITS UNIT PRESIDENT,
SREELALC/O. ADV. JOHN PHILIPOSE, KOTTAKKATHETTU
HOUSE,KOZHENCHERRY EAST P.O,
KOZHENCHERRY,PATHANAMTHITTA 689 641
6 AKHIL BHARATHIYA VIDHYARTHI PARISHAT(A.B.V.P)
NAGAR UNIT, KOZHENCHERRY, REPRESENTED BY ITS
NAGAR SECRETARY ANAND SANKAR, C/O SECRTARY, BJP
KARYALAYAM,COLLEGE ROAD, KOZHENCHERRY 689 641
7 ALL INDIA STUDENTS FEDERATION (AISF)
REPRESENTED BY ITS SECRETARY, SHINS V.
NAIRC.P.I LOCAL COMMITTEE OFFICE,KOZHENCHERRY,
PATHANAMTHITTA DISTRICT 689 641
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.24913 OF 2017
PETITIONER:
LAKEFORD SCHOOL, KOLLAM
KAVANAD, KOLLAM, REPRESENTED BY ITS CHAIRMAN,
K.AMRITHA LAL, AGED 65 YEARS, S/O V.G.KUNJU
PANICKER, AMRITHAM, THAYASSERI, KOLLAM -691007.
BY ADVS.
SRI.P.S.SREEDHARAN PILLAI
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
SRI.T.K.SANDEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT,
THIRUVANAHAPURAM, PIN-695001
2 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS,VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 010.
3 COMMISSIONER OF POLICE
KOLLAM CITY, KOLLAM-691 001
4 SUB -INSPECTOR OF POLICE
KAVANAD, PIN- 691003
W.P.(C) No.3476 of 2017 & con. cases
19
5 STUDENTS FEDERATION OF INDIA (SFI)
AREA SECRETARY, OFFICE OF COMMUNIST PARTY OF
INDIA (M) LOCAL COMMITTEE OFFICE, KAVANAD,
KOLLAM-691003.
6 ALL INDIA STUDENTS FEDERATION (AISF)
SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA
(M) LOCAL COMMITTEE, ACHALUMMOODU, KOLLAM-PIN
CODE-691601
7 AKHILA BHARATHEEYA VIDYARTHI PARISHAD (ABVP)
SECRETARY, CHAVARA ASSEMBLY MADALAM, BJP
OFFICE, KAVANAD, KOLLAM-691003
8 KERALA STUDENTS UNION (KSU)
SECRETARY, CONGRESS CHAVARA MANDALAM COMMITTEE,
KAVANAD, KOLLAM-691003.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.24995 OF 2017
PETITIONER:
FR. BENNY SEBASTIAN, AGED 46 YEARS
MANAGER, CITADEL RESIDENTIAL SCHOOL,ETTICHUVADU
PO, RANNY, PATHANAMTHITTA (DIST),PIN 689675
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVNANTHAPURAM PIN 695001
2 DISTRICT POLICE CHIEF
PATHAAMTHITTA, MAKKAMKUNNU,PATHANAMTHITTA, PIN
689645
3 CIRLCE INSPECTOR OF POLICE
RANNI,PIN 689672, PATHANAMTHITTA DIST.
4 KERALA STUDENTS UNION (KSU)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
PRESIDENT, FEBIN CHETHAKKAL, C/O.PRESIDENT,
CONGRESS (I) BLOCK COMMITTEE,PAZHAVANGADI,
RANNY, PATHANAMTHITTA 689672
W.P.(C) No.3476 of 2017 & con. cases
21
5 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP)
RANNI TALUK UNIT, REPRESENTED BY ITS
SECRETARY,LEBIN BAIJU, C/O.MANDALAM PRESIDENT,
BJP,THAMARASSERIL BUILDING, MAMUKKU,
PAZHAVANGADI RANNY, PATHANAMTHITTA 689672
6 STUDENTS FEDERATION OF INDIA (SFI)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
SECRETARY, ROBIN J THAMBI,C/O.SECRETARY, CPI
(M) AREA COMMITTEE OFFICE, THOTTAMON, RANNY,
PATHANAMTHITTA 689672
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.25056 OF 2017
PETITIONER:
FR. MATHEWS SKARIAH, AGED 62 YEARS
MANAGER, S C HIGHER SECONDARY
SCHOOL,CHELLAKKADU P.O, RANNY,
PATHANAMTHITTA (DIST)PIN 689 675.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
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 DIST.
W.P.(C) No.3476 of 2017 & con. cases
23
4 KERALA STUDENTS UNION (KSU)
RANNI TALUK UNIT, REPRESENTED BYITS TALUK
PRESIDENT, FEBIN CHETHAKKAL, C/O.PRESIDENT,
CONGRESS (I) BLOCK COMMTTEE, PAZHAVANGADI,
RANNY, PATHANAMTHITTA 689 672.
5 AKHILA BHARATHIYA VIDYARTHI PARISHAT (ABVP)
RANNI TALUK, REPRESENTED BY ITS SECRETARY
LEBIN BAIJU, C/O.MANDALAM PRESIDENT, BJP,
THAMARASSERIL BUILDING, MAMUKKU, PAZHAVANGADI,
RANNY, PATHANAMTHITTA 689 672.
6 STUDENTS FEDERATION OF INDIA (SFI)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
SECRETARY ROBIN J. THAMI, C/O.SECRETARY,
CPI(M)AREA COMMITTEE OFFICE, THOTTAMON, RANNY,
PATHANAMTHITTA - 689 672.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.25079 OF 2017
PETITIONERS:
1 MAHATMA GANDHI COLLEGE
REPRESENTED BY ITS PRINCIPAL,
KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.
2 DR. M.R.SUDARSANAKUMAR
PRINCIPAL, MAHATMA GANDHI COLLEGE,
KESAVADASAPURAM, THIRUVANANTHAPURAM-695004.
BY ADVS.
SRI.R.T.PRADEEP
SRI. P.K.JANARDHANAN
SMT.M.BINDUDAS
SRI.SANJAY S.CHANDRAN
SRI.V.VIJULAL
SRI.VISHNU NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS,
VAZHUTHAKKADU,THIRUVANANTHAPURAM-695014.
W.P.(C) No.3476 of 2017 & con. cases
25
3 ADDITIONAL DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS,
VAZHUTHAKKADU,THIRUVANANTHAPURAM-695014.
4 ASSISTANT COMMISSIONER OF POLICE
OFFICE OF ASSISTANT COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM-695001.
5 CIRCLE INSPECTOR OF POLICE
OFFICE OF CIRCLE INSPECTOR OF POLICE,
PEROORKADA, PIN-695005.
6 THE SUB-INSPECTOR OF POLICE
PEROORKADA POLICE STATION, PIN-695005.
7 STUDENTS FEDERATION OF INDIA
THIRUVANANTHAPURAM DISTRICT COMMITTEE,
REPRESENTED BY ITS SECRETARY, PRATHIN SAJ
KRISHNA, DISTRICT COMMITTEE OFFICE, THYVILA
ROAD, SANTHI NAGAR, PULIMOODU,
THIRUVANANTHAPURAM-695001.
8 A.B.V.P. THIRUVANANTHAPURAM DISTRICT COMMITTEE
REPRESENTED BY ITS CONVENER, A.S.AKHIL,
DISTRICT COMMITTEE OFFICE, AYYAPPANKOVIL,
THAMPANOOR, THIRUVANANTHAPURAM-695001.
9 VARSHA
1ST DC (S2 MATHEMATICS), PRESIDENT, SFI UNIT,
MAHATMA GANDHI COLLEGE,KESAVADASAPURAM,
THIRUVANANTHAPURAM-695004.
R1, R7 BY ADV. SRI.T.B.HOOD
R1 BY ADV. SMT.M.ISHA
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
26
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.25325 OF 2017
PETITIONER:
FR. RENJITH ALUMKAL
MANAGER, ST. MARY'S SENIOR SECONDARY SCHOOL,
PAZHAVANGADI P.O9., RANNY,
PATHANAMTHITTA-689 673.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DISTRICT POLICE CHIEF
PATHANAMTHITTA, MAKKAMKUNNU,
PATHANAMTHITTA-689 645.
3 CIRCLE INSPECTOR OF POLICE
RANNI - 689 672, PATHANAMTHITTA DISTRICT.
4 KERALA STUDENTS UNION (KSU)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
PRESIDENT, FEBIN CHETHAKKAL, C/O. PRESIDENT,
CONGRESS (I) BLOCK COMMITTEE, PAZHAVANGADI,
RANNY, PATHANAMTHITTA.689672
W.P.(C) No.3476 of 2017 & con. cases
27
5 AKHILA BHARATIYA VIDYARTHI PARISHAT (ABVP)
RANNI UNIT, REPRESENTED BY ITS SECRETARY, LEBIN
BAIJU, C/O. MANDALAM PRESIDENT BJP,
THAMARASSERIL BUILDING, MAMUKKU, PAZHAVANGADI,
RANNY, PATHANAMTHITTA.689672
6 STUDENTS FEDERATION OF INDIA (SFI)
RANNI TALUK UNIT, REPRESENTED BY ITS TALUK
SECRETARY, ROBIN J THAMBI, C/O.SECRETARY, CPI
(M) AREA COMMITTEE OFFICE, THOTTAMON, RANNY,
PATHANAMTHITTA.689672
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
28
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.25368 OF 2017
PETITIONER:
THE MANAGER
BHARATA MATA COLLEGE, THRIKKAKARA P.O.,
COCHIN - 682 021.
BY ADVS.
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
RESPONDENTS:
1 THE COMMISSIONER OF POLICE
KOCHI CITY, OFFICE OF COMMISSIONER OF POLICE,
BANERJI ROAD, ERNAKULAM, KOCHI - 682 018.
2 THE CIRCLE INSPECTOR OF POLICE
CIRCLE OFFICE, KALAMASSERY, KOCHI - 683 104.
3 THE SUB INSPECTOR OF POLICE
THRIKKAKARA POLICE STATION, THRIKKAKARA P.O.,
KAKKANAD, KOCHI - 682 030.
4 AKSHAY SAJI
PONMELI HOUSE, KUNJANBAVA ROAD,
VYTTILA, KOCHI - 682 019.
W.P.(C) No.3476 of 2017 & con. cases
29
5 T.S. SULFIKKAR
THYKOOTTATHIL HOUSE, MYTHRIPURAM, THRIKKAKARA
P.O., VAZHAKKALA, KOCHI - 682 021.
R1, R4 BY ADV. SRI.S.SHYAM
R1 BY ADV. SRI.N.SUKUMARAN SR.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
30
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.25604 OF 2017
PETITIONER:
MARTHOMA EDUCATIONAL TRUST FOR TRAINING &
RESEARCH CENTRE
MANNANTHALA, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY
DR.M.Y.ABRAHAM KARIKKAM.
BY ADVS.
SRI.K.SIJU
SMT.RENY ANTO
RESPONDENTS:
1 DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA-691506.
2 DEPUTY SUPERINTENDENT OF POLICE
DY.S.P. OFFICE, PUNALUR, KOLLAM-691305.
3 SUB INSPECTOR OF POLICE
CHADAYAMANGALAM POLICE STATION,
CHADAYAMANGALAM P.O., KOLLAM-691534.
4 STUDENTS FEDERATION OF INDIA (SFI),
CHADAYAMANGALAM AREA COMMITTEE, EMS BHAVAN,
CHADAYAMANGALAM, REPRESENTED BY ITS SECRETARY,
MR.RENOSH, PIN-691534.
W.P.(C) No.3476 of 2017 & con. cases
31
5 HARI V.NAIR, AREA PRESIDENT,
ALL INDIA YOUTH FEDERATION (AIYF),
CHADAYAMANGALAM , KOLLAM DISTRICT-691534.
6 SAJAN V.O.
MANDALAM PRESIDENT, INDIAN NATIONAL CONGRESS,
CHADAYAMANGALAM , KOLLAM DISTRICT-691534.
7 BIJU PUTHAYAM
MANDALAM PRESIDENT, BHARATHEEYA JANATHA
PARTY(BJP),CHADAYAMANGALAM ,
KOLLAM DISTRICT, PIN-691534.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
32
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.25836 OF 2017
PETITIONERS:
1 PRINCIPAL,
MAR AUGUSTHINOSE COLLEGE, RAMAPURAM BAZAR P.O.,
KOTTAYAM - 686 576,BY ITS PRESENT PRINCIPAL,
DR.JOSEPH V.J.
2 MAR AUGUSTHINOSE COLLEGE
REPRESENTED BY ITS MANAGER,
RAMAPURAM BAZAR P.O.,KOTTAYAM - 686 576.
BY ADVS.
SRI.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 010.
3 SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE,
KOTTAYAM - 686001.
W.P.(C) No.3476 of 2017 & con. cases
33
4 SUB INSPECTOR OF POLICE
RAMAPURAM POLICE STATION, RAMAPURAM BAZAR
P.O.,KOTTAYAM - 686 576.
5 VISHNU.N.R
THERUTHATATH, EZANCHERY P.O. - 686657.
6 AMAL BABU
POONTHATANATHU, EZHANCHERY P.O. - 686657.
7 ABHIJITH RAJ
THERUTHATATH, EXANCHERY P.O. - 686657.
8 BALAMURALI.S
MAYAKATT (H), RAMAPURAM BAZAR P.O. - 686 576.
9 JOSE JOSEPH
ANATHARA, RAMAPURAM P.O.,
PALUVELI, KOTTAYAM - 686 576.
10 ALBIN AUGUSTIN
EDAMATHASSERIL, RAMAPURAM P.O.,
KOTTAYAM - 686 576.
11 ABIN.T.SHAJI
THANIKAL, RAMAPURAM P.O.,
KOTTAYA - 686576.
12 JERRY AUGUSTIN
VAZHAKAMALAYIL, CHAKAMPUZHA P.O. - 686 574.
13 ROBBY THOMAS
OODUPUZHA, RAMAPURAM BAZAR P.O.,
KOTTAYAM - 686 576.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.26344 OF 2017
PETITIONER:
ST.MARY'S E.M.PUBLIC SCHOOL
ULIYAKOVIL P.O., KOLLAM-691019.REPRESENTED BY
ITS PRINCIPAL,MS.MANJU RAJEEV, AGED 44 YEARS,
MR. RAJEEV S., RESIDING AT VRINDAVAN, KLRA-54,
MUNDAKKAL, KOLLAM-691001.
BY ADVS.
SRI.P.S.SREEDHARAN PILLAI
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
SRI.T.K.SANDEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695010.
3 COMMISSIONER OF POLICE
KOLLAM-691001.
4 SUB-INSPECTOR OF POLICE KOLLAM EAST
KOLLAM, KERALA, PIN CODE-691001.
W.P.(C) No.3476 of 2017 & con. cases
35
5 STUDENTS FEDERATION OF INDIA (SFI)
SECRETARY, CIP (M) DISTRICT COMMITTEE OFFICE,
POLAYATHODU, KOLLAM, KERALA-691010.
6 ALL INDIA STUDENTS FEDERATION (AISF)
SECRETARY, OFFICE OF COMMUNIST PARTY OF INDIA,
KADAPPAKADA P.O., (SUB POST OFFICE),
KOLLAM-691008.
7 AKHILA BHARATHEEYA VIDYARTHI PARISHAD (ABVP)
SECRETARY, OFFICE OF BJP DISTRICT COMMITTEE,
DEENADAYAL BHAVAN, T D TEMPLE,
ANANDAVALLESWARM, KOLLAM.
8 KERALA STUDENTS UNION KSU
SECRETARY, OFFICE OF DISTRICT CONGRESS
COMMITTEE, CANTONMENT SOUTH, MUNDAKKAL VILLAGE,
KOLLAM, KERALA 691001.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
36
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.27147 OF 2017
PETITIONER:
KARIKKAM INTERNATIONAL PUBLIC SCHOOL
KARIKKAM P.O., KOTTARAKKARA, 691531,
REPRESENTED BY ITS PRINCIPAL, NISHA V. RAJAN,
W/O K.ABYMON, AGED 37 YEARS, THENGUVILA,
PLAPPALLY P.O., KOTTARAKKARA, KOLLAM DISTRICT.
BY ADVS.
SRI.K.SIJU
SMT.RENY ANTO
RESPONDENT/S:
1 DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA-691506.
2 DEPUTY SUPERINTENDENT OF POLICE
DY.S.P. OFFICE, PUNALUR, KOLLAM-691305.
3 SUB INSPECTOR OF POLICE
KOTTARAKKARA POLICE STATION,
KOTTARAKKARA P.O., KOLLAM-691506.
4 STUDENTS FEDERATION OF INDIA (SFI),
KOTTARAKKARA AREA COMMITTEE, REPRESENTED BY ITS
AREA SECRETARY, KOTTARAKKARA-691506.
W.P.(C) No.3476 of 2017 & con. cases
37
5 THE PRESIDENT
MANDALAM COMMITTEE, INDIAN NATIONAL CONGRESS
(I), CONGRESS BHAVAN, KOTTARAKKARA-691506.
6 THE PRESIDENT
BHARATHEEYA JANATHA PARTY (BJP),
KOTTARAKKARA MANDALAM COMMITTEE, BJP
KARYALAYAM, KOTTARAKKARA-691506.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
38
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.27998 OF 2017
PETITIONER:
MES ASMABI COLLEGE
VEMBALLUR P.O., KODUNGALLUR - 680
671,REPRESENTED BY ITS PRINCIPAL.
BY ADVS.
SRI.BABU KARUKAPADATH
SMT.AMRIN FATHIMA
SRI.K.M.FAISAL (KALAMASSERY)
SRI.MITHUN BABY JOHN
SRI.J.RAMKUMAR
SMT.M.A.VAHEEDA BABU
SRI.P.U.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SUPERINTENDANT OF POLICE,
THRISSUR RURAL, THRISSUR - 680 001.
3 THE CIRCLE INSPECTOR OF POLICE,
KODUNGALLUR - 680 664.
W.P.(C) No.3476 of 2017 & con. cases
39
4 THE SUB INSPECTOR OF POLICE,
MATHILAKAM POLICE STATION,
KODUNGALLUR - 680 664.
5 STUDENTS FEDERATION OF INDIA
M.E.S ASMABI COLLEGE UNIT,REPRESENTED BY ITS
PRESIDENT, ANZAL K.K., 3RD BCA, AGED 20 YEARS,
S/O. FOUSIYA P.A, KATTUPARAMBIL HOUSE,
EDAVILANGU P.O., PIN - 680 123.
6 KERALA STUDENTS UNION,
M.E.S ASMABI COLLGE UNIT,REPRESENTED BY ITS
PRESIDENT, ISHAM NAJEEB, 3RD B.COM COMPUTER
APPLICATION,AGED 20 YEARS, S/O. MUHAMMED
NAJEEB,RESIDING AT PANDIKASHALA,
VALAPADU - 680 567.
7 ALL INDIA STUDENTS FEDERATION
M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS
VICE PRESIDENT, ARJUN V.T, 3RD BA MASS
COMMUNICATION,AGED 20 YEARS, S/O. BEENA,
VALIYAPRAMBIL, CHALANGADU P.O.,
KAIPAMANGALAM - 680 681.
8 AKHIL BHARATHIYA VIDYARTHI PARISHAD
M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS
PRESIDENT, AJITH P.S., 3RD BSC PSYCHOLOGY, AGED
20 YEARS, S/O. SUNIL KUMAR T.R, PUTHUR HOUSE,
LOKA MALESHWARAM, KODUNGALLUR - 680 664.
9 MUSLIM STUDENTS FEDERATION
M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS
PRESIDENT, SYED THOUFEEQ THANGAL, 3RD BCA, AGED
20 YEARS, S/O. MOHSIN THANGAL, RESIDING
ATAYITTANDIYIL HOUSE, MATHILAKAM P.O.,
PUNNAKKA BAZAR, KODUNGALLUR.680664
W.P.(C) No.3476 of 2017 & con. cases
40
10 FRATERNITY MOVEMENT,
M.E.S ASMABI COLLEGE UNIT, REPRESENTED BY ITS
PRESIDENT, MUHAMMED VIDAD, 2ND BSC PHYSICS,
AGED 19 YEARS, S/O. ABDUL JAVAD A.,
VADYSSALAAM, AZHIKODE, CHEKKAKONAM P.O.,
KARAKULAM, TRIVANDRUM. 695001
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
41
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.28239 OF 2017
PETITIONER:
M.E.S. PONNANI COLLEGE
P.O PONNANI SOUTH, PIN - 679 586,
REPRESENTED BY ITSPRINCIPAL, DR. ABBAS T.P.
BY ADVS.
SRI.BABU KARUKAPADATH
SMT.AMRIN FATHIMA
SRI.K.M.FAISAL (KALAMASSERY)
SRI.MITHUN BABY JOHN
SRI.J.RAMKUMAR
SMT.M.A.VAHEEDA BABU
SRI.P.U.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT POLICE CHIEF
MALAPPURAM, MALAPPURAM DISTRICT - 676 505.
3 THE SUPERINTENDENT OF POLICE
MALAPPURAM DISTRICT - 676 505.
W.P.(C) No.3476 of 2017 & con. cases
42
4 CIRCLE INSPECTOR OF POLICE
PONNANI, MALAPPURAM DISTRICT, PIN - 679 577.
5 THE SUB INSPECTOR OF POLICE
PONNANI POLICE STATION,
MALAPPURAM DISTRICT, PIN - 679 577.
6 STUDENTS FEDERATION OF INDIA
M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS
SECRETARYJISHNU K, V SEM. COMPUTER SCIENCE,
AGED 20 YEARS, S/O. ACHUTHAN K, KANAKKATHARAYIL
HOUSE, KOORADA, THRIKKANAPURAMP.O, MALAPPURAM,
(25TH RESPONDENT HEREIN) 676 505.
7 KERALA STUDENTS UNION
M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS
PRESIDENT,MOHAMMAD FAIZAL C, GEOLOGY 5TH
SEMESTER, AGED 20 YEARS,S/O. SALIH C,
CHAVAKKADUKARANTE, PONNAI SOUTH - 679 586.
8 MUSLIM STUDENTS FEDERATION
M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS
PRESIDENT,ATHIF SADATH P.M, AGED 20 YEARS, S/O.
ABDUL LATHEEF P.M, P.M HOUSE, PONNANI NAGARAM -
679 583.
9 FRATERNITY MOVEMENT
M.E.S PONNANI COLLEGE UNIT, REPRESENTED BY ITS
PRESIDENT,JABIR V.M, AGED 19 YEARS, S/O.
ABOOBACKER R.V VAKKAT MARATHYIL HOUSE, P.O
PERUMPADAPPU - 679 580.
10 COMMUNIST PARTY OF INDIA (MARXIST)
REPRESENTED BY ITS AREA SECRETARY MR.
MUHAMMADUNNI A.K,JYM ROAD, KAILASAMKALAM,
THRIKKAVU, PONNANI - 679 577.
W.P.(C) No.3476 of 2017 & con. cases
43
11 SHARON C VAHAB
AGED 21 YEARS, S/O. ABDUL VAHAB M.V,
MUSILYAM VEETTIL, KUTTIKKAD, PONNANI P.O,
MALAPPPURAM - 679 577.
12 MOHAMMEDRAFI U.M
AGED 22 YEARS, S/O. BAVA, ULLIMARAKKARAKATH
HOUSE,NEAR HYDER PALLI, MALAPPURAM - 679 586.
13 RANEESH BIN ASHRAF M
AGED 18 YEARS, S/O. RAHEEM A, MULLAKKAL HOUSE,
P.O,THIRUNAVAYA - 676 301.
14 MUHAMMED RASHID P.P
AGED 20 YEARS, S/O. HAMZA P.O, PUTHUPARAMBIL
HOUSE,NEAR NAYADI COLONY, PONNANI SOUTH P.O,
MALAPPURAM-679 586.
15 SHAMEER C.T
AGED 20 YEARS, S/O. MUHAMMED MUSTHAFA,
CHAKKINGALTHODI HOUSE,VALAMBOOR P.O, - 679 325.
16 MUHAMMED BULAI P.V
AGED 19 YEARS, S/O. HABEEBU RAHMAN,
PUDU VEEDU,P.O, PONNAI - 679 577.
17 FADIL RAHMAN T.M
AGED 19 YEARS, S/O. FASALU RAHMAN,
THAREEKANAKATHMALIYEKKAL, PONNANI NAGARAM P.O,
- 679 583
18 MOHAMMED YOONUSE K.T
AGED 19 YEARS, S/O. SIRAJUDHEEN K.T,
KODANCHERITHARAKKAL HOUSE, PERUMPARAMBU P.O,
MANGATTOT - 679 576.
19 NADHEER K.A
AGED 19 YEARS, S/O. MOHAMED K.A,
KAIPPADATHAROTTIL,KAVANCHERI - 676 561.
W.P.(C) No.3476 of 2017 & con. cases
44
20 PRANAVU V.P
AGED 19 YEARS, S/O. PAVITHYRAN V.K,
VELLANI HOUSE, KADAVANAD, KADAVANAD P.O,
PONNANI - 679 586.
21 SOURAV KRISHNA K
AGED 20 YEARS, S/O. SURESH K. NAIR,
KUTTERIYIL HOUSE,THRIKKANAPURAM P.O,
THAVANUR - 679 573.
22 HARIS P. AGED 22 YEARS, S/O. SHEREEF PARAMBIL,
PARAMBIL HOUSE,NEAR K.S.R.T.C BUS STAND,
PONNANI SOUTH, PONNAI - 679 586.
23 HANEEN P, AGED 19 YEARS, S/O. ABDULLAH P.
PADINJARAKATH HOUSE, BIYYAM, PONNANI - 679 586.
24 SHARIKH JOWHAR, AGED 20 YEARS,
S/O. HANEEFA M.H, MUKRIYAKATH HOUSE,
VELIANKODE - 679 586.
25 JISHNU K, AGED 20 YEARS, S/O. ACHUTHAN K,
KANAKKATHARAYIL HOUSE, KOORADA, THRIKKANAPURAM
P.O, MALAPPURAM - 679 577.
26 MOHAMED SHAMIL AV
AGED 19 YEARS, S/O. SADARUDHEEN A.V,
ATHAKKAVEETTIL HOUSE,GYM ROAD, PONNANI P.O,
MALAPPURAM - 679 577.
27 MOHAMED SHABEER O.K
AGED 20 YEARS, S/O. BASHEER O.K, OTTAKATH
HOUSE,PURANGU, PALLIPPADI, PONNANI - 679 584.
28 NITHIN DEV P.K, AGED 20 YEARS,
S/O. KUNHUNNY P.R, PAYYADA HOUSE, PERUMANNUR
P.O, CHALISSERI, PALAKKAD, PIN - 679 536.
W.P.(C) No.3476 of 2017 & con. cases
45
29 MOHAMMED SHAHID, AGED 20 YEARS,
S/O. MOHAMMED ASHRAF,(V SEM. BBA),
NALAKATH HOUSE, PALLAPURAM, PONNAI - 679 577.
30 VAISAK V.M, AGED 20 YEARS, S/O. MANIKANDAN V,
(V SEM BBA), VALAVATH HOUSE,PUDU PONNAI,
PONNANI SOUTH P.O, PIN - 679 586.
31 AKHIL T.P., AGED 20 YEARS,
S/O. SULFICKER ALI T.P, (V SEM .GEOLOGY).,
THACHAPARAMBAN, MUNDENKARA, EDAVANNA - 676 541.
32 SANDEEP P BALAN
AGED 19 YEARS, S/O. GEETHA, PUKKYIL
HOUSE,CHERUVAIKKARA,BIYYAM P.O, PIN - 679 576
33 ASHIQUE BAVA P.P
AGED 19 YEARS, S/O. KUNHI BHAVA, PALLPARAMBIL
HOUSE,NEAR M.I BOYS SCHOOL, PONNANI P.O,
MALAPPURAM (DIST)- 679 586.
34 SHAMEER AHAMMED E.V
AGED 19 YEARS, S/O. SHAMSUDHEEN E.V, (III SEM.
ENGG),EKKOORATHVALAPPIL HOUSE, SUKAPURAM P.O,
NADUVATTOM EDAPPAL - 679 576
35 ANFAS P
AGED 19 YEARS, S/O. ABU, PIKKINTE HOUSE,
BALAVADI ROAD,ANAPPADI, PONNANI SOUTH - 679
586.
36 HASER ABUBACKER, AGED 20 YEARS, S/O. ABOOBACKER
(VSEM.B.COM), THALIKASSERY HOUSE,
KALOOR P.O, VADAKKEKAD - 679 562.
37 MOHAMMED ABDUL MAJEED M
AGED 20 YEARS, S/O. ABDUL MAJEED,
MANAHAMBRAYAKPH, ESWARAMANGALAM,
PONNANI - 679 573.
W.P.(C) No.3476 of 2017 & con. cases
46
R1 BY SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE
GENERAL
R1 BY ADV. SRI.K.K.RAVINDRANATH ADDL.ADVOCATE
GENERAL
R1, R6 BY ADV. SRI.P.K.KHALEEMUDHEEN
R1 BY ADV. SRI.C.V.MANUVILSAN
R1 BY ADV. SMT.K.VIDYA
R1 BY ADV. SRI.VINODE V. LUKA
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
47
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.986 OF 2018
PETITIONER:
M.E.S. KALLADI COLLEGE
MANNARKKAD COLLEGE P.O.,
PALAKKAD DISTRICT, PIN - 678 583,
REPRESENTED BY ITS PRINCIPAL,
DR.O.P.SALAHUDHEEN.
BY ADVS.
SRI.BABU KARUKAPADATH
SRI. K.M.FAISAL
SRI.E.M.ABDUL KHADER
SMT.AMRIN FATHIMA
SRI.MITHUN BABY JOHN
SRI.RAHUL ROY
SMT.M.A.VAHEEDA BABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT POLICE CHIEF
PALAKKAD DISTRICT - 678 583.
3 CIRCLE INSPECTOR OF POLICE
MANNARKKAD, PALAKKAD DISTRICT,PIN - 678 582.
W.P.(C) No.3476 of 2017 & con. cases
48
4 THE SUB INSPECTOR OF POLICE
MANNARKKAD, PALAKKAD DISTRICT PIN - 678 582.
5 STUDENTS FEDERATION OF INDIA
M.E.S. KALLADI COLLEGE UNIT,REPRESENTED BY ITS
SECRETARY,GEORGE THOMAS, S/O.THOMAS J.,AGED 19
YEARS, VITH SEMESTER BBA,THENGUMPALLIL,
THIRUVIZHAMKUNNU P.O.,PALAKKAD - 678 601.
6 ALL INDIA STUDENTS FEDERATION
M.E.S. KALLADI COLLEGE UNIT,REPRESENTED BY ITS
SECRETARY,ABDUL RAZAK M., AGED 20 YEARS,
S/O.ABBAS, (VITH SEM BA HISTORY),MANACHITHODI
HOUSE, CHANGALEERI,PIN - 678 582, THE 9TH
RESPONDENT HEREIN.
7 ANURAG
AGED 20 YEARS, SFI MANNARKKAD AREA
SECRETARY,S/O.KUNJUNNI, KURINATTIL HOUSE,
VELLARAMKUNNU,THENKARA, MANNARKKAD P.O. - 678
582.
8 MUHAMMED FAUMIN FARASH
AGED 20 YEARS, S/O.HAMZA, (VITH SEM, B.SC.
MATHS),KALLADI HOUSE, PULLISSERY P.O.,
MANNARKKAD - 678 582.
9 ABDUL RAZAK M.
AGED 20 YEARS, S/O.ABBAS, (VITH SEM. B.A.
HISTORY),MANACHITHODI HOUSE, CHANGALERI, PIN -
678 582.
10 MUHAMMED NISHAB E.
AGED 20 YEARS, S/O.MUHAMMED E., (VITH SEM.
ARABIC & ISLAMIC HISTORY),ERAYATHRA HOUSE,
THRIKKALOOR P.O.,CHIRAKKALPADI - 678 593.
W.P.(C) No.3476 of 2017 & con. cases
49
11 AKSHAY M.P.
AGED 20 YEARS, S/O.SURESH M.P., (IVTH SEM.
B.SC. FOOD TECHNOLOGY),NANMA HOUSE, VATTAKKANDI
PARAMBA,NELLIKKODE P.O., PIN - 673 016.
12 SREEJITH P.C.
AGED 20 YEARS, S/O.CHANDRASEKHARAN,
(VITH SEM. B.SC. PHYSICS),PALLIKKARA HOUSE,
MUNDOOR P.O.,PIN - 678 592.
13 AJMAL P.P., AGED 20 YEARS, S/O.MARAKKAR P.P.,
(VITH SEM. B.A. ENGLISH),
PANIKKARU PARAMBIL HOUSE, TIPPU NAGAR,
MANNARKKAD P.O.,PIN - 678 582.
14 SHANIF K., AGED 19 YEARS, C/O.RAFEEK,
KANNAKKANCHERI VEEDU,THIRUVIZHAMKUNNU,
PALAKKAD, PIN - 678 582.
15 HAMEED, AGED 60 YEARS, S/O.VEERAN,
THATTAMPALLI HOUSE, MANNARKKAD COLLEGE P.O.,
PALAKKAD DISTRICT - 678 583.
16 MANSOOR, AGED 37 YEARS, S/O.KALATHIL
MUHAMMED,MUNICIPAL COUNSELOR,
MANNARKKAD MUNICIPALITY,PIN - 678 582.
17 ANJASH CHOLAKKAL, AGED 20 YEARS,
S/O.ABDUL AZEEZ C.,
(VITH SEM. B.COM. CO-OPERATION),
CHOLAKKAL HOUSE, THACHINGANADAM,
MALAPPURAM - 679 325.
18 THARIQ A., AGED 19 YEARS, S/O.ABDUL KALAM,
(1ST SEM PHYSICS), AFIYATH HOUSE,
KANNAMKUNDU ROAD, ALANALLUR P.O.,PIN - 678 601.
W.P.(C) No.3476 of 2017 & con. cases
50
19 AKHIL K.
AGED 20 YEARS, S/O.JAYACHANDRAN C.,
(VITH SEM B.A. MASS COMMUNICATION),
URIYIL HOUSE, KALLADIKKODE P.O.,
PALAKKAD - 678 596.
20 AKHIL KRISHNA P., AGED 19 YEARS,
S/O.RAMAKRISHNAN, (IVTH SEM BB.A.),
PADINJARETHIL HOUSE, KULAPPADAM,
KUMARAMPUTHOOR P.O.,PALAKKAD, PIN - 678 583.
R1, R5 BY ADV. SRI.M.SASINDRAN
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
51
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.10125 OF 2018
PETITIONER:
TRINITY LYCEUM HIGHER SECONDARY SCHOOL
FATHIMA ROAD, KOLLAM-691013, KERALA,
REPRESENTED BY ITS PRINCIPAL (ON DEPUTATION)
REV. DR. SILVIE ANTONY
BY ADVS.
SRI.M.T.SURESHKUMAR
SMT.BHAVANA VELAYUDHAN
SRI.N.BIJA KRISHNA
SRI.P.R.JAYASANKAR
SRI.A.MANOJ JOSEPH
SRI.R.RANJITH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
THE DEPARTMENT OF HOME SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS,VELLAYAMBALAM,
THIRUVANANTHAPURAM695010
3 THE COMMISSIONER OF POLICE
KOLLAM-691001
W.P.(C) No.3476 of 2017 & con. cases
52
4 CIRCLE INSPECTOR OF POLICE
CONTROL OFFICE, KOLLAM DISTRICT691001
5 SUB INSPECTOR OF POLICE
KOLLAM WEST POLICE STATION,
KOLLAM DISTRICT-691013
6 STUDENTS FEDERATION OF INDIA (SFI)
REPRESENTED BY ITS DISTRICT SECRETARY,NS
SMARAKA MANDIRAM,POLAYATHODU,KOLLAM,PIN690521
7 KERALA STUDENTS UNION (I) (KSU)
REPRESENTED BY THE PRESIDENT,KOLLAM DISTRICT
COMMITTEE,CONGRESS BHAVAN, KOLLAM,PIN-690521
8 ALL INDIA STUDENTS FEDRATION (A.I.S.F)
REPRESENTED BY ITS SECRETARY,
KOLLAM DISTRICT COMMITTEE, MN SMARAKAM,
CHINNAKKADA, KOLLAM,PIN-691001
9 AKHILA BHARATIYA VIDYARTHI PARISHAD (ABVP)
REPRESENTED BY ITS SECRETARY,KOLLAM JILLA
SAMITHI,RSS VIBHAG KARYALAYAM,OTTAKKAL ROAD,
OLAYIL,THEVALLY KOLLAM-691009
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
53
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.23718 OF 2018
PETITIONERS:
1 PRINCIPAL
JANARDHANAPURAM HIGHER SECONDARY SCHOOL,
OTTASEKHARAMANGALAM, OTTASEKHARAMANGALAM P.O.,
THIRUVANANTHAPURAM-695 125.
2 HEADMASTER
JANARDHANAPURAM HIGHER SECONDARY SCHOOL,
OTTASEKHARAMANGALAM, OTTASEKHARAMANGALAM P.O.,
THIRUVANANTHAPURAM-695 125
BY ADVS.
SRI.R.T.PRADEEP
SRI.K.C.HARISH
RESPONDENTS:
1 THE STATE OF KERALA
CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR GENERAL OF POLICE
POLICE HEADQUAERTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014
W.P.(C) No.3476 of 2017 & con. cases
54
3 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA, THIRUVANANTHAPURAM-695 121
4 CIRCLE INSPECTOR OF POLICE
OFFICE OF CIRCLE INSPECTOR OF POLICE,
VELLARADA, THIRUVANANTHAPURAM-695 125
5 SUB INSPECTOR OF POLICE
ARYANCODE POLICE STATION,
THIRUVANANTHAPURAM-695 125
6 CHANDRABABU T.
SECRETARY LOCAL COMMITTEE, CPI (M)
RESIDING AT PULLATHOOR MANNADI VEEDU, KUNDAMAM,
MANDAPATHINKADAVU, OTTASEKHARAMANGALAM P.O.,
THIRUVANANTHAPURAM-695 125
7 SAMKUTTY C. PRESIDENT MANDALAM COMMITTEE
CONGRESS (I), RESIDING AT VATTAKUZHI VEEDU,
PLAMPAZHANJI, MANCHAMCODE P.O.,
THIRUVANANTHAPURAM-695 125
8 ATTOOR ANIL SECRETARY
MANDALAM COMMITTEE, BJP, RESIDING AT PRASANTH
VILASOM, ATTOOR, MANCHAMCODE P.O.,
THIRUVANANTHAPURAM-695 125
9 K. RAMACHANDRAN NAIR
SECRETARY, LOCAL COMMITTEE, CPI, RESIDING AT
SREERAGAM, OTTASEKHARAMANGALAM P.O.,
THIRUVANANTHAPURAM-695 125
10 ADDL. R10 ANANTHU SHAJI
S/O SHAJI, SREE BHAVAN, KALLARATHALA,
OTTASEKHARAMANGALAM, ARYANCODE,
THIRUVANANTHAPURAM-695125.
W.P.(C) No.3476 of 2017 & con. cases
55
11 ADDL. R11 ANOOP
S/O RAVEENDRAN, KARIMANNARAKONAM, ARYANCODE,
THIRUVANANTHAPURAM-695125.
12 ADDL. R12 FAHAD
S/O MUSTHAFA, KARIMCHEMPANAD, ARYANCODE,
THIRUVANANTHAPURAM-695125.
13 ADDL. R13 RAGUL
S/O RADHAKRISHNAN, ARUVIKUZHI, ARYANCODE,
THIRUVANANTHAPURAM-695125.
ADDL. R10 TO R13 ARE IMPLEADED AS PER ORDER
DATED 23.07.2018 IN I.A. NO. 13157/18.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
56
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.20536 OF 2019(N)
PETITIONERS:
1 ADV.PRAKASH.P.THOMAS, AGED 45 YEARS
S/O. THOMAS, PRESIDENT, PARENT-TEACHERS
ASSOCIATION, SCS HIGHER SECONDARY SCHOOL,
THIRUVALLA-689 101.
2 REJI VARUGHESE
PRINCIPAL, SCS HIGHER SECONDARY SCHOOL,
THIRUVALLA-689 101.
3 GEETHA T. GEORGE
HEADMISTRESS, SCS HIGHER SECONDARY SCHOOL,
THIRUVALLA-689 101.
BY ADVS.
SRI.VARUGHESE M EASO
SRI.VIVEK VARGHESE P.J.
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA DISTRICT-689645.
2 THE DEPUTY SUPERINTENDENT OF POLICE
THIRUVALLA, OFFICE OF THE DEPUTY SUPERINTENDENT
OF POLICE, PATHANAMTHITTA DISTRICT-689 101.
W.P.(C) No.3476 of 2017 & con. cases
57
3 THE STATION HOUSE OFFICER
CIRCLE INSPECTOR OF POLICE, THIRUVALLA POLICE
STATION, PATHANAMTHITTA DISTRICT-689 101.
4 STUDENTS FEDERATION OF INDIA
PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SECRETARY, EMS MANDIRAM,
CPI(M), DISTRICT OFFICE, KANNAMKARA,
PATHANAMTHITTA DISTRICT-689 645.
5 ALL INDIA STUDENTS FEDERATION
PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS
PRESIDENT, CPI OFFICE, KANNAMKARA,
PATHANAMTHITTA-689 645.
6 AKHILA BHARATHIYA VIDYARTHI PARISHAD
PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS
PRESIDENT, KESHAVA SMRITHI, KALLARAKADAVU,
PATHANAMTHITTA DISTRICT-689 645.
7 KERALA STUDENTS UNION
PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS PRESIDENT, RAJIV BHAVAN,
DISTRICT CONGRESS COMMITTEE OFFICE,
PATHANAMTHITTA DISTRICT-689 645.
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
58
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.20726 OF 2019(M)
PETITIONERS:
1 THE PRINCIPAL, SREE SANKARA COLLEGE,
KILIMANOOR, NAGARAOOR P.O., THIRUVANANTHAPURAM.
2 THE PRINCIPAL, SREE SANKARA VIDYAPEETOM
COLLEGE, KILIMANOOR, NAGARAOOR P.O.,
THIRUVANANTHAPURAM.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
RESPONDENTS:
1 THE CIRCLE INSPECTOR OF POLICE
ATTINGAL POLICE STATION, ATTINGAL,
THIRUVANANTHAPURAM-695 101.
2 THE SUB INSPECTOR OF POLICE,
NAGAROOR POLICE STATION, NAGAROOR, KILIMANOOR,
THIRUVANANTHAPURAM-695 601.
W.P.(C) No.3476 of 2017 & con. cases
59
3 R.NITHIN AJAY,
DISTRICT COMMITTEE MEMBER, AKHIL BHARATIYA
VIDYARTHI PARISHAD, NAGAR OFFICE, DURGA MANDIR,
KILIMANOOR P.O., THIRUVANANTHAPURAM-695 601.
4 RAHUL.B., PRESIDENT, KERALA STUDENTS UNION,
SREE SANKARA COLLEGE NAGAROOR UNIT, NAGAROOR,
KILIMANOOR, THIRUVANANTHAPURAM-695 601.
5 SREERAG, PRESIDENT.,
STUDENTS FEDERATION OF INDIA,
SREE SANKARA COLLEGE UNIT, NAGAROOR,
KILIMANOOR, THIRUVANANTHAPURAM-695 601.
R4 BY ADV. SRI.V.JOHN MANI
R4 BY ADV. SRI.S.JAYANT
R4 BY ADV. SHRI.VARGHESE SABU
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
60
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA,
1941
WP(C).No.24075 OF 2019(H)
PETITIONER:
ST.ALOYSIUS COLLEGE
EDATHUA VILLAGE, KUTTANAD TALUK,
ALAPPUZHA DISTRICT. REPRESENTED BY ITS MANAGER,
FR. MATHEW CHOORAVADY, AGED 64 YEARS,
S/O CHACKO ANTONY RESIDING AT DIOCESE,
ST. ALOYSIUS COLLEGE, EDATHUA.
BY ADV. SMT.V.VIJITHA
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PINCODE - 695001
2 SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
ALAPUZHA.
3 SUB INSPECTOR OF POLICE
EDATHUA POLICE STATION, CHANGANASSERY,
EDATHUA, ALAPUZHA.
W.P.(C) No.3476 of 2017 & con. cases
61
4 STUDENT FEDERATION OF INDIA
ST. ALOYSIUS COLLEGE UNIT, REPRESENTED BY ITS
UNIT SECRETARY ALAN KURIAKOSE, AGED 19 YEARS,
S/O. LISAMMA THOMAS, OLAKKAPADIYIL,
CHANGANAKARY P. O., EDATHUA, ALAPUZHA - 689573
5 KERALA STUDENTS UNION
ST. ALOYSIUS COLLEGE UNIT, REPRESENTED BY ITS
UNIT PRESIDENT, VYSAKH K. P., AGED 20 YEARS,
S/O. PRASAD KANNIEKONIL, KUNTHIRICKAL P. O.,
EDATHUA, ALAPUZHA - 689573
6 AKHILA BHARATH VIDYARTHI PARISHATH
ST. ALOYSIUS COLLEGE UNIT,
REPRESENTED BY ITS UNIT SECRETARY SANDEEP,
AGED 21 YEARS, S/O. SATHOSH, SANDEEP BHAVANAM,
THAKAZHY, ALAPUZHA - 688867
BY SRI. C.P SUDHAKARA PRASAD AG
BY SRI. P.P. THAJUDEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2020, ALONG WITH WP(C).3476/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3476 of 2017 & con. cases
62
P.B.SURESH KUMAR, J.
-----------------------------------------------
W.P. (C) Nos.3476, 21770, 23308, 23272, 23860,
24192, 24421, 24629, 24913, 24995, 25056, 25079, 25325,
25368, 25604, 25836, 26344, 27147,
27998 and 28239 of 2017,
W.P.(C) Nos.986, 10125 and 23718 of 2018
and
W.P.(C) Nos.20536, 20726 and 24075 of 2019
-----------------------------------------------
Dated this the 26th day of February, 2020
JUDGMENT
This batch of writ petitions involves a few important questions relating to the rights of educational institutions as also that of the students.
2. The writ petitions fall generally under two categories, the cases relating to schools and cases relating to colleges. Most of the writ petitions are instituted by the managements of the educational institutions and some by the parent teacher associations of the institutions concerned. Among the cases relating to schools, most of them relate to schools affiliated to the Central Board of Secondary W.P.(C) No.3476 of 2017 & con. cases 63 Education (CBSE) and some relate to aided schools. As far as the cases relating to the schools are concerned, the grievance voiced by the petitioners concerns the disruption of the academic activities caused by organizations of students functioning outside the campus on political lines. As far as the cases relating to the colleges are concerned, the grievance voiced by the petitioners concerns the disruption caused to the academic activities by the students in the campus with the aid of organizations of students functioning on political lines in the campus as also elsewhere. It is not necessary to refer to the facts of all cases, for the facts are more or less identical. I am therefore referring to the facts of one case relating to school and one case relating to college.
3. I shall refer to the facts in W.P.(C) No. 24995 of 2017 which relates to a school first. The writ petition is instituted by the management. The school is one affiliated to the CBSE where 2195 students are pursuing their studies from LKG to Class XII. It is stated that the school is one performing consistently well in academics and also in co-curricular activities and it had secured 100% pass in Grades X and XII during 2016-17. It is also stated that the students of the school are not involved in any political activities within the campus, W.P.(C) No.3476 of 2017 & con. cases 64 and organizations of students functioning in the State on political lines are not permitted to function or pursue their activities in the school campus. It is alleged that nevertheless, respondents 4 to 6 organizations of students functioning on political lines in the State have been disrupting the academic activities in the campus for participating the students of the school also in their agitations and protests carried on in the form of strikes purportedly for the benefit of the student community in general in the State. It is also alleged that on account of such disruptions, numerous academic days were lost and the quality of education has been affected adversely. It is also alleged specifically in most of the cases that on account of the disruptions of the aforesaid nature, the institutions concerned are not able to provide the minimum classes insisted to be provided to the students in terms of the stipulations of the CBSE to which the schools are affiliated. In addition, it is also alleged that such activities are affecting the general discipline and academic atmosphere in the school and also resulting in wastage of resources. It is stated that the modus operandi of respondents 4 to 6 organizations is that they would direct the institution to suspend the classes whenever they propose an agitation and if such directions are not adhered to by the school, the members and associates of the W.P.(C) No.3476 of 2017 & con. cases 65 associations would barge into the campus, threaten the management with dare consequences and at times, cause damage to properties as well and thereby compel the management to suspend the classes. It is stated by the petitioner that though activities of this nature are promptly informed to the police, the police would never interfere in the matter. The case set out by the petitioner in the writ petition is that the disruptive activities of respondents 4 to 6 are wholly unauthorised and violative of the fundamental rights guaranteed under the Constitution to the students, staff and management of the school. The petitioner, therefore, seeks directions to respondents 1 to 3 police officers to render adequate and effective police protection to the petitioner for running the school from the disruptive acts of respondents 4 to 6, their members and associates.
4. I shall now refer to the facts of W.P.(C) No. 21770 of 2017 which relates to a professional self-financing law college. The case set out by the petitioner in the writ petition is that at the time when classes were commenced, the Fee Regulatory Committee for professional colleges has not finally approved the fees payable by the students and consequently, the students had to be admitted for the courses on an undertaking that they would pay the fees fixed by the W.P.(C) No.3476 of 2017 & con. cases 66 Fee Regulatory Committee as and when such fixation is made. It is alleged that later, when the Fee Regulatory Committee fixed the fees payable by the students of the college, agitations began in the campus in connection with the fee fixed by the Fee Regulatory Committee. It is alleged by the petitioner that agitations were being carried on by the students under different political banners and the same, at one point of time, turned violent and led to disruption of classes in the campus. It is averred in the writ petition that the agitators have blocked the common access to the campus, put up sheds and banners in the campus and caused extensive damage to the assets of the college. It is also alleged that though a group of students in the campus were also involved in the so-called agitation, the disruptive activities were mainly carried on by the leaders of the organizations of students functioning on political lines. In this case also, it is alleged that though the police was informed about the disruptive activities, they declined to afford protection and consequently, the college had to be closed down, indefinitely for quite some time. The petitioner in the writ petition also therefore, seeks directions to the police to afford meaningful protection to the life of the students and staff members and also for the property of the college so as to run the college without the disruptive activities W.P.(C) No.3476 of 2017 & con. cases 67 of the organizations of students.
5. If the fee structure prescribed by the college is the cause for the student agitation in the college involved in W.P.(C) No. 21770 of 2017, the cause for student agitation in other matters are different. In one case, the agitation started with a demand to withdraw the disciplinary proceedings initiated against some students and in another, the agitation started with a demand for improving the infrastructure provided to the students in the campus. Similarly, in another case, the clash between two factions of the students belonging to two different organizations was the cause for the agitation. In one of the cases, it is alleged that disruption was on account of the problems created by the local leaders of political parties. The cases also involve cases similar to the one referred to in relation to schools.
6. In all these matters, it is seen that interim orders have been granted by this Court, and the colleges are functioning on the strength of the interim orders.
7. On 31.07.2017, having noticed that the disruptive activities of the student organizations are spreading like a wildfire and the same is affecting even children in the lower sections of the schools, this Court passed a common order in a few matters involved in this W.P.(C) No.3476 of 2017 & con. cases 68 batch, directing the State to file an affidavit offering concrete steps to prevent destructive activities in the campuses and for ensuring smooth conduct of classes.
8. Pursuant to the said interim order, the State Government has filed an affidavit in W.P.(C) No. 24192 of 2017. The affidavit does not refer to nor deal with the issues raised in the cases relating to schools. In the affidavit, it is admitted that untoward incidents as highlighted by the petitioners are being reported from a few institutions and the Government is taking the same very seriously. It is stated in the affidavit that the stand of the Government as regards the internal issues in the campuses is that the same are to be sorted out by taking recourse to the dispute resolution mechanisms evolved in terms of statutes or otherwise like College Council, Parent Teacher Association, Disciplinary Committee, Anti-ragging Cell, Grievance Redressal Cell etc. It is, however, stated in the affidavit that peaceful protests of students, teachers and other employees of the institutions in the campuses cannot be barred and the campuses shall be free and open for democratic protest, dialogues and discussions in a peaceful manner. It is also stated in the affidavit that the students should involve in issues affecting them without crossing the barriers of law. It W.P.(C) No.3476 of 2017 & con. cases 69 is however, stated that if the student activities cross the barriers of law, the Head of the institution can seek the assistance of the law enforcement agencies whenever and wherever situations warrant, the purpose of maintaining discipline in the campus and to foster academic excellence. As regards interference of external forces in the campus activities, it is stated in the affidavit that the same has to be dealt with in accordance with the law governing unlawful activities.
9. In W.P. (C) No.20726 of 2019 relating to the college, one of the organizations of students functioning on political lines in the State has also filed an affidavit. It is stated in the affidavit that the students must be free to choose their political views and ideology, and democratic rights shall not be curtailed with the aid of police protection.
10. Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned counsel for the organizations of students who were present at the time of hearing.
11. Having heard the learned counsel for the parties, the following questions are formulated for decision in these matters :
i) Do organizations of students, formed on political lines, have any right to compel students who do not W.P.(C) No.3476 of 2017 & con. cases 70 want to partake in their strikes and agitations to forego the academic and other activities in their campus.
ii) Do organizations of students, or for that matter the students, have any right to convene meetings other than official meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing their protests or dissent on any issues, political or otherwise, or for enforcement of their rights.
iii) The role of the police in matters relating to student unrest in the school and college campuses.
12. Question(i): It is established in these proceedings beyond doubt that organizations of students functioning on political lines in the State used to disrupt the academic and other activities in schools and in some colleges, the students of which do not owe allegiance to them, with a view to compel them to partake in their agitations and strikes by foregoing their academic and other activities in the campuses. In the light of the decision of the Apex court in Unni W.P.(C) No.3476 of 2017 & con. cases 71 Krishnan, J.P. v. State of A.P., (1993) 1 SCC 645, there cannot be any doubt that right to education is part of the right to life guaranteed under Article 21 of the Constitution. Further, Article 21A of the Constitution also guarantees to children of the age 6 to 14 a right for free and compulsory education. There cannot be any doubt that excellence in education can be achieved only when the teaching faculty in the educational institutions are able to discharge their duties in the manner in which they are required to do so. If the process of imparting education is obstructed or disturbed, the excellence in education cannot be achieved. In other words, if the process of imparting education is obstructed, the same would affect the right to education guaranteed to the students. In Vijayakumar v. State of Kerala 2004 (2) KLT 627, it was held by a Division Bench of this Court that students on strike have no right to cause any obstructions and disturbances to the conduct of classes or to prevent other students from attending classes, for such conducts would affect the right of the students who are not on strike to attend classes without being prevented or disturbed by others, which is part of their fundamental rights. Further, in T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, the Apex court has held that right to establish and W.P.(C) No.3476 of 2017 & con. cases 72 run an educational institution is an activity which is to be regarded as an occupation falling under Article 19(1)(g) of the Constitution. In other words, disruption of the activities in an educational institution would violate the fundamental right of the management to run the institution as well. It is therefore clear that organizations of students will not have any right to disrupt or disturb the academic and other activities of students who do not want to partake in their strikes and agitations or any right to compel such students to forego the academic activities in their campuses. The question is answered accordingly.
13. Question(ii): As observed by the Apex court in Harpal Singh v. Devinder Singh, (1997) 6 SCC 660, it is a malady in our country that political parties allure students, particularly in the adolescent age, who are susceptible to easy persuasiveness and who are easily swayable through their student wings for enlisting support and participation of student population in their political programmes. It is common knowledge that organizations of students functioning in the State on political lines are student wings formed by the political parties functioning in the State, though the political parties would proclaim that they have no formal connection with the organizations of students. The materials on record reveal that organizations of students W.P.(C) No.3476 of 2017 & con. cases 73 functioning on political lines have their presence in their respective names in most of the school and college campuses in the State. It is also common knowledge that it is with the active support and assistance of the political parties that their student wings function in the campuses. It is also common knowledge that wherever there exists resistance for the organizations of students to function, the political parties would extend moral as well as physical support to get over the resistances. It has come out that organizations of students functioning on political lines in the campuses used to convene meetings of their members in the campuses itself, contest school and college union elections in their respective names and resort to the modes of agitations like Strike, Dharna, Gherao, processions, etc. in the campuses for expressing their protests or dissent on political issues as also issues within the campus and for enforcement of the rights of students in general and also in particular as applicable to the students in the campus. It has also come out that strikes are performed by organisation of students functioning on political lines by boycotting classes, for the success of which, the organizations would compel even the students who want to attend classes to forgo their classes and to join hands with them. It has also come out that clashes of the students W.P.(C) No.3476 of 2017 & con. cases 74 in the campuses are mostly between the students belonging to different organizations functioning on political lines. Newspapers have reported in recent times even recovery of deadly weapons stored by organizations of students in the campuses. Similarly, there have been even instances of murder of students in the campuses due to inter organisation rivalry. Various instances of destructive activities resorted to by organizations of students and their supporters in the campuses with the active support of external political forces for reinforcing their strength and support in the campus affecting adversely the academic and other activities in the campus are part of the pleadings in these matters. Many instances of violence resorted by organizations of students for enforcing illegitimate demands are also disclosed in the pleadings. It has also come out when untoward incidents take place in the campuses, classes are suspended indefinitely and classes are resumed only when an atmosphere conducive for conducting classes is resumed. The question formulated has to be answered in the aforesaid background.
14. No doubt, Article 19(1)(a) of the Constitution guarantees to students, freedom of speech and expression. Similarly, Article 19(1)(b) guarantees to them freedom to assemble peacefully W.P.(C) No.3476 of 2017 & con. cases 75 and Article 19(1)(c) guarantees to them freedom to form associations. Freedom of speech and expression, freedom to assemble peacefully and freedom to form associations are basic ethos of a democratic system. Students should therefore, certainly have a right to raise their voice against the decisions and actions of the authorities or even to express their resentment over the actions of the authorities on any subject of social or national importance. Further, the right to dissent without fear of victimisation is also implied in a democratic polity, for, it is only through debate, discussion, dialogue and constructive criticism, diversity of perceptions and ideas would emerge, which are necessary for the development of the society. It is beyond dispute that it is on the basis of the aforesaid rights that organizations of students function and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in the campuses for expressing their protests or for enforcement of their rights. The pointed question therefore, is as to whether the rights aforesaid confer on organizations of students a corresponding right to function in school and college campuses and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. W.P.(C) No.3476 of 2017 & con. cases 76
15. In M.E.S. Ponnani College v. Debashish Kumar Behra, 2017(5) KHC 13, a Division Bench of this court observed that political activities like dharna, hunger strike and other practices like Satyagraha have no place in academic institutions. It was also observed in the said case that anyone indulging in such activities in an educational institution would make himself liable to be expelled and/or rusticated, for, educational institutions are meant for imparting education and not for politics. Earlier, in Kerala Students Union v. Sojan Francis, 2004 (2) KLT 378, a Division Bench of this court has observed that students have to voice their opinion on political issues and redress their grievances by recourse to the various forums meant for the same under the University statutes and not through organizations. Paragraph 22 of the judgment which is relevant in the context reads thus :
22. We have gone through the various University Acts, Statutes and Ordinances dealing with affiliated colleges, government colleges etc. University legislations confer considerable powers to students to exercise their freedom of speech and expression and to assemble peacefully in the various statutory bodies established under the University Statutes. The University laws are highly democratic and it permits organisational activities within the campus, through recognised forums like Students W.P.(C) No.3476 of 2017 & con. cases 77 Council, College Council, University Senate, Syndicate, University Union, Cultural and Debating Solution, Students Advisory Bureau etc. Students could ventilate their grievances and express their views on any political issue as a co-curricular activity through these forums within the campus, thereby the rights of the students have been effectively safeguarded by the University laws and statutes. Apex court in University of Delhi v. Anand Vardhan Chandal (2000) 10 SCC 648) held that right to education is a fundamental right but to participate in the Students Union activities at best is only a statutory right and not a fundamental right guaranteed under Arts.21, 19(1)(a) or
(c) of the Constitution of India. Students could exercise only those statutory rights permitted by the University laws within the campus of the institutions.
The right of private managements and educational agencies to prohibit the interference of organizations of students within the campus, either directly or through their member students and their right to prohibit modes of agitations like strikes, gherao, dharna, bandh, hartal etc was also upheld by the Division Bench in the said case. As noted, in Vijayakumar v. State of Kerala, 2004 (2) KLT 627, it has been held by this court that students who are not on strike have a right to attend classes without being prevented or disturbed by others and students on strike have no right to cause obstruction and disturbance to the conduct of classes or to prevent other students from attending classes W.P.(C) No.3476 of 2017 & con. cases 78 and that demonstrations, 'dharna' and similar activities inside the college campus would definitely cause obstruction and disturbance to the conduct of classes and will prevent the teachers from conducting classes and other students from attending classes. It was also held by this court in the said case that if the students on strike want to hold agitation, demonstration, 'dharna', etc., they may hold it only outside the college campus so that no sort of obstruction or disturbance is caused to the smooth functioning of the college and the conduct of classes and on the rights of the other students .
16. The bounds of the freedom that an individual enjoys in a democratic polity has been succinctly stated by the British Philosopher John Stuart Mill thus :
"My right to swing my arms in any direction ends where your nose begins."
Similar is the statement made by Abraham Lincoln in this context. The bounds of the freedom has been defined by Abraham Lincoln thus:
"My right to swing my fist ends where your nose begins"
In other words, the freedom of speech and expression, the freedom to assemble peacefully and the freedom to form associations as available to the students shall not harm others in any manner. It shall not also W.P.(C) No.3476 of 2017 & con. cases 79 cause any injury, disorder or nuisance to others. As observed by Justice Holmes of the U.S. Supreme Court as early as in 1919, in Schenck v. United States, 249 U.S. 47(1919), the character of every act depends upon the circumstances in which it is done and even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
17. It is relevant in this context to refer to a passage from the decision of the Apex Court in Dr.D.C. Saxena v. Hon'ble the Chief Justice of India, (1996) 5 SCC 216 which reads thus:
"If maintenance of democracy is the foundation for free speech, society equally is entitled to regulate freedom of speech or expression by democratic action. The reason is obvious, viz, that society accepts free speech and expression and also puts limits on the right of the majority. Interest of the people involved in the acts of expression should be looked at not only from the perspective of the speaker but also the place at which he speaks, the scenario, the audience, the reaction of the publication, the purpose of the speech and the place and the forum in which the citizen exercises his freedom of speech and expression. The State has legitimate interest, therefore, to regulate the freedom of speech and expression which liberty represents the limits of the duty of restraint on speech or expression not to utter defamatory or libellous speech or expression. There is a correlative duty not to interfere with the liberty of others. Each is entitled to dignity of person and of reputation. Nobody has a W.P.(C) No.3476 of 2017 & con. cases 80 right to denigrate others' right to person or reputation. Therefore, freedom of speech and expression is tolerated so long as it is not malicious or libellous, so that all attempts to foster and ensure orderly and peaceful public discussion or public good should result from free speech in the market-place. If such speech or expression was untrue and so reckless as to its truth, the speaker or the author does not get protection of the constitutional right.
18. Education plays a key role in social and economic development of humanity. In so far as the students in the campus have a fundamental right to education, it can be safely held that anything that causes an impediment to the said right would be unconstitutional. The materials on record demonstrate beyond doubt that activities of organizations of students in convening meetings of their members and supporters and their conduct in resorting to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses, are affecting directly and indirectly the academic and other activities of students who do not belong to the organizations and thus violating the fundamental right of such students. I have, therefore, no doubt that organizations of students, or for that matter the students, have no right whatsoever to convene meetings other than official meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing W.P.(C) No.3476 of 2017 & con. cases 81 their protests or dissent on any issues, political or otherwise, or for enforcement of their rights. The issue is answered accordingly.
19. Question(iii): The stand of the petitioners in all the writ petitions is that they are not being extended timely police aid and consequently, they are unable to ensure the smooth conduct of the institution from external interferences and also from internal disturbances. It is the specific stand of the petitioners that police is not extending aid to run educational institutions at times of student unrest on account of external political interferences. In M.E.S. Ponnani College, it has been held by this court that if any student is found to be resorting to and / or enforcing Dharna, Strike or disruption of academic atmosphere in any college, the Principal or the authorities of the institutions would be well within their powers to rusticate them, for these are no means to ventilate their grievance. It is also held by this court in the said case that if called upon by the college authorities, the police would be under obligation to assist the authorities in maintaining peace and orderly conduct of academics in the college premises. It is also held by this court in the said case that if requested for, it is the obligation of the police to clear pickets, tents, stalls etc. set up in and around the college campus or its immediate vicinity for W.P.(C) No.3476 of 2017 & con. cases 82 facilitating Dharna or hunger strike. It is held by the Division Bench in Antony Thomas v. Muhammed Rafique, 2017 (4) KLT 586 that it is the obligation of the police to ensure that the academic atmosphere in educational institutions are not disturbed and the educational institutions cannot be hijacked or converted into a political battle field. In Vijayakumar, it was held by this court that students indulging in criminal activities inside the college campus are liable to be dealt with just like any other offender, and if situation warrants, police can enter the campus without anybody's request or permission in order to prevent such criminal activities or take action against the offenders. In the light of the judicial pronouncements aforesaid, I am constrained to hold that it is the obligation of the police to ensure that the fundamental rights of the students to pursue their academics in the campuses are not flouted by anyone, including organizations of students. The question is answered accordingly.
20. In the result, It is declared that organizations of students do not have any right to disrupt or disturb the academic and other activities of students who do not want to partake in their strikes and agitations, or any right to compel such students to forego the aforesaid activities in their campuses. Similarly, it is also declared that W.P.(C) No.3476 of 2017 & con. cases 83 organizations of students do not have any right to convene any meetings and resort to the modes of agitations like Strike, Dharna, Gherao, Processions etc. in school and college campuses for expressing their protests or dissent on any issues, political or otherwise, or for enforcement of their rights. It is also declared that it is the obligation of the police to ensure that the fundamental rights of the students to pursue their academics in the campuses are not thwarted by anyone, including organizations of students. It is, however, made clear that this judgement will not preclude the students from voicing their opinion on political issues and redressing their grievances by recourse to the various forums meant for the same in terms of the statutes and executive orders. Similarly, it is also made clear that this judgement will not preclude the competent authorities from introducing appropriate forums in the campuses for the students to voice their opinion on political issues and for redressal of their grievances in accordance with law, if the existing forums are not sufficient for the same. The writ petitions, in the circumstances, are disposed of making the interim orders passed in the matters absolute.
21. Before parting with this judgment, it is necessary to mention that whatever has been stated in this judgment are nothing W.P.(C) No.3476 of 2017 & con. cases 84 but reiterations of what has already been stated in various judicial pronouncements. What is really disturbing is that despite several judgments, the position in the school and college campuses in the State remains to be the same and the institutions are constrained to approach this court even now for police aid so as to enable the students to pursue their education without external and internal disturbances. In other words, the pain and efforts taken by this court in similar matters have become a futile exercise. It is also relevant to note that an approach to this court for police aid is made only by private educational institutions. As far as Government and quasi Government institutions are concerned, the position is that students have to forego their studies until the disturbances and disruptions settle down naturally. The students pursuing studies in such institutions are therefore generally the victims of the student unrest in the campuses. In the circumstances, I deem it appropriate to direct the Director of Collegiate Education, the Director General of Education and also the Registrars of the various Universities in the State to bring this judgment to the notice of the Heads of the educational institutions functioning under them, and direct them to bring the external and internal disturbances affecting the conduct of the classes forthwith to W.P.(C) No.3476 of 2017 & con. cases 85 the notice of the police for necessary aid and to ensure that academic and other activities in the campuses are not affected in any manner. The authorities aforesaid are also directed to ensure compliance of the directions by appropriate means. There will also be a direction to the State Police Chief to bring this judgment to the notice of the police officers concerned in the State with a direction to extend police aid for the smooth conduct of the educational institutions as and when requested for either orally or in writing by the Head of the institutions. The State Police Chief is also directed to ensure compliance of the directions by appropriate means. Registry shall forward copies of this judgment for compliance to the Director of Collegiate Education, the Director General of Education, the Registrars of the various Universities in the State as also to the State Police Chief.
Sd/-
P.B.SURESH KUMAR, JUDGE ds 11.2.2020 W.P.(C) No.3476 of 2017 & con. cases 86 APPENDIX OF WP(C) 3476/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1: TRUE COPYOF THE PETITION DATED 10.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WITH ENGLISH TRANSLATION EXHIBIT P2: TRUE COPY OF THE RECEIPT DATED 10.01.2017 ISSUE DFROM THE RANNI POLICE STATION FOR EXHIBIT P1 WITH ENGLISH TRANSLATION EXHIBIT P3; TRUE COPY OF THE REPRESENTATION DATED 19.01.2017 SUBMITTED TO THE RESPONDENT NO.3 WITH ENGLISH TRANSLATION W.P.(C) No.3476 of 2017 & con. cases 87 APPENDIX OF WP(C) 21770/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29.6.2015 IN WPC NO.18106/15.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20.8.2015 IN I.A NO.12212/2015 IN WPC NO.18106/15.
EXHIBIT P3 TRUE COPY OF THE ADVERTISEMENT/NOTIFICATION FOR ADMISSION ISSUED BY THE PETITIONER PUBLISHED IN MATHRUBHUMI DAILY DATED 10.9.2015.
EXHIBIT P3(A) TRUE COPY OF ADVERTISEMENT/NOTIFICATION FOR ADMISSION ISSUED BY THE PETITIONER PUBLISHED IN MATHRUBUMI DAILY DTD.18.11.2016.
EXHIBIT P4 TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 18.10.2013 OF AFTHABUDHEEN P.K. EXHIBIT P4(A) TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 2.7.2014 OF ASWINI ANAND.
EXHIBIT P4(B) TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 16.9.2015 OF KAJAL VISHWANATH.
EXHIBIT P4(C) TRUE COPY OF ALLOTMENT MEMO/UNDERTAKING DATED 21.11.2016 OF MANEESHA KP.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 16.5.2017 OF THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA. W.P.(C) No.3476 of 2017 & con. cases 88 EXHIBIT P6 TRUE COPY OF THE PETITION DTD.18.6.2017 SUBMITTED TO THE SI OF POLICE, FEROKE WITH TRANSLATION.
EXHIBIT P7 TRUE COPY OF THE PETITION DATED 18.6.2017 SUBMITTED TO THE SI OF POLICE, THENHIPALAM WITH TRANSLATION.
EXHIBIT P8 TRUE COPY OF THE PETITION DATED 20.6.2017 SUBMITTED TO THE SI OF POLICE, FEROKE AND RECEIPT WITH TRANSLATION.
W.P.(C) No.3476 of 2017 & con. cases 89 APPENDIX OF WP(C) 23272/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED BY DIRECTOR OF TRAINEE, GOVERNMMENT OF KERALA DATED 20.11.2003 EXHIBIT P1(A) TRUE TRANSLATION OF EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION TO THE RESPOMNDENTS 4&5 DATED 6.10.2016 EXHIBIT P2(A) TRUE TRANSLATION OF EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE RECEIPTS DATED 6.10.2016 EXHIBIT P3(A) TRUE TRANSLATION OF EXHIBIT P3 W.P.(C) No.3476 of 2017 & con. cases 90 APPENDIX OF WP(C) 23308/2017 PETITIONER'S/S EXHIBITS:
EXHIBITP1 TRUE COPY OF THE COMPLAINT DATED 7-7- 2017 SUBMITTED BEFORE THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ACKNOWLEDGING EXHIBITP1 EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 7-7- 2017 BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY O THE COMPLAINT FILED BEFOE THE 1ST RESPONDENT ON 08-07-2017 BY THE PRINCIPAL OF THE PETITIONER COLLEGE W.P.(C) No.3476 of 2017 & con. cases 91 APPENDIX OF WP(C) 23860/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE AFFILIATION ORDER DATED 07.02.2015 ISSUED BY THE BOARD.
EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 18.06.2014 ISSUED BY THE MINISTER, HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
EXHIBIT P3(ALONG A TRUE COPY OF THE LETTER DATED WITH ENGLISH 06.07.2017 ISSUED BY THE PRESIDENT ABVP TRANSLATION KUNNATHUR ASSEMBLY TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE PETITION/REPRESENTATION DATED 06.07.2017 SUBMITTED TO THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE PETITION/REPRESENTATION DATED 06.07.2017 SUBMITTED TO THE 4TH RESPONDENT.MANDALAM COMMITTEE, KUNNATHOOR, KOLLAM - 690 540.
W.P.(C) No.3476 of 2017 & con. cases 92 APPENDIX OF WP(C) 24192/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE RELEVANT PAGES OF THE BYE-LAWS SPECIFIED IN THE COLLEGE CALENDAR.
EXHIBIT P1 (A) A PHOTOCOPY OF THE FIR DATED 11.07.2017. EXHIBIT P2 PHOTOGRAPHS OF THE INCIDENTS AND A SEGMENT OF DAMAGES.
EXHIBIT P3 PHOTOCOPY OF THE NEWSPAPER REPORT IN MATHRUBHUMI DATED 12.07.2017.
EXHIBIT P3(A) PHOTOCOPY OF THE NEWSPAPER REPORT IN MALAYALA MANORAMA DATED 12.07.2017.
EXHIBIT P3(B) PHOTOCOPY OF THE NEWSPAPER REPORT IN THE DECCAN CHRONICLE DATED 12.07.2017.
EXHIBIT P4 PHOTOCOPY OF THE MINUTES OF THE PTA MEETING DATED 13.07.2017.
EXHIBIT P5 PHOTOCOPY OF THE REQUEST DATED 19.07.2017.
W.P.(C) No.3476 of 2017 & con. cases 93 APPENDIX OF WP(C) 24421/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT LODGED TO FOR THE 1ST RESPONDENT DATED 15.07.2017 EXHIBIT P2 TRUE COPY OF THE COMPLAINT LODGED BEFORE THE 4TH RESPONDENT DATED 15.07.2017 W.P.(C) No.3476 of 2017 & con. cases 94 APPENDIX OF WP(C) 24629/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF NOTICE DATED 22-6-17 EXHIBIT P2 TRUE COPY OF THE NOTICE DTD 3-7-17 EXHIBIT P3 TRUE COPY OF THE NOTICE DTD 6-7-17 EXHIBIT P4 TRUE COPY OF THE NOTICE DTD 13-7-217 EXHIBIT P5 PETITION DATED 10-07-17 GIVEN PETITIONER TO 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 11-07-17 EXHIBIT P7 TRUE COPY OF THE PETITION DATED 10-07- 17 TO 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 12-7-17 OF 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER IN W.P9C) NO 25573/15 DTD 20-08-15 W.P.(C) No.3476 of 2017 & con. cases 95 APPENDIX OF WP(C) 24913/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE PRESS REPORT IN THE MATHRUBHUMI DAILY NEWSPAPAR DATED 15/7/2017 EXHIBIT P2 A TRUE COPY OF THE PETITION/REPRESENTED DATED 14/7/2017 SUBMITTED TO THE 3RD RESPONDENT W.P.(C) No.3476 of 2017 & con. cases 96 APPENDIX OF WP(C) 24995/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LIST SHOWING NUMBER OF STUDENTS STUDYING IN DIFFERENT CLASSES IN THE SCHOOL.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 23.06.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH RECEIPT WITH ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 04.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT WITH RECEIPT WITH ENGLISH TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 07.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT WITH RECEIPT WITH ENGLISH TRANSLATION.
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS OF THE WORKERS OF 5TH RESPONDENT INSIDE THE SCHOOL COMPOUND EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 14.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH RECEIPT WITH ENGLISH TRANSLATION.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 13.02.2017 IN WPC.NO. 3476/2017 W.P.(C) No.3476 of 2017 & con. cases 97 APPENDIX OF WP(C) 25056/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 21.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPNDENT ALONG WITH ITS RECEIPT.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 13.02.017 IN WPC 3476 OF 2017 W.P.(C) No.3476 of 2017 & con. cases 98 APPENDIX OF WP(C) 25079/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF CIRCULAR DATED 09.11.2007 BY WHICH THE MANAGEMENT BANNED STUDENT POLITICS IN THE COLLEGE.
EXHIBIT P2 THE COPY OF ANONYMOUS COMPLAINT TO THE NATIONAL ANTI-RAGGING CELL OF THE UNIVERSITY GRANTS COMMISSION.
EXHIBIT P3 THE COPY OF EXPLANATION CALLED FOR BY THE UNIVERSITY GRANTS COMMISSION DATED 10.09.2012.
EXHIBIT P4 THE COPY OF JUDGMENT DATED 11.7.2013 IN W.P.(C) NO.12194/2013.
EXHIBIT P5 THE COPY OF NEWSPAPER REPORT PUBLISHED IN DECCAN CHRONICLE ON 20.7.2017.
EXHIBIT P6 THE COPY OF NEWSPAPER REPORT PUBLISHED IN TIMES OF INDIA ON 20.7.2017.
EXHIBIT P7 THE COPY OF NEWSPAPER REPORT PUBLISHED IN INDIAN EXPRESS ON 20.7.2017.
EXHIBIT P8 THE COPY OF REPRESENTATION DATED 18.7.2017 GIVEN BY PETITIONER.
EXHIBIT P9 THE COPY OF REPRESENTATION DATED 24.7.2017 BEFORE THE DISTRICT COLLECTOR.
W.P.(C) No.3476 of 2017 & con. cases 99 APPENDIX OF WP(C) 25325/2017 PETITIONER'S/S EXHIBITS:
EXHIBITY-P1 TRUE COPY OF THE COMPLAINT DATED 04/07/2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT-P2 TRUE COPY OF THE INTERIM ORDER DATED 13/02/2017 IN W.P(C) 3476/2017 W.P.(C) No.3476 of 2017 & con. cases 100 APPENDIX OF WP(C) 25368/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE PRICIPAL.
EXHIBIT P1(A) TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT. P1 EXHIBIT P2 TRUE COPY OF DISMISSAL ORDER DATED 21.07.2017 OF 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF DISMISSAL ORDER DATED 21.07.2017 OF 5TH. RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 21.07.2017 SUBMITTED BY THE PRINCIPAL.
EXHIBIT P4(A) TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT.P4.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 25.07.2017 SUBMITTED BY THE PRINCIPAL.
EXHIBIT P5(A) TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT.P5.
EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 27.07.2017 SUBMITTED BY THE PRINCIPAL.
EXHIBIT P6(A) TRUE COPY OF ENGLISH TRANSLATION OF MALAYALAM EXT.P6.
W.P.(C) No.3476 of 2017 & con. cases 101 APPENDIX OF WP(C) 25604/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF REGISTRATION CERTIFICATE OF 6.10.1990 ISSUED BY THE REGISTRAR OF SOCIETIES AND ITS ENGLISH TRANSLATION.
EXHIBIT P2 THE COPY OF NEWS PAPER REPORT DATED 19.7.2017 IN MANORAMA DAILY AND ITS ENGLISH TRANSLATION.
EXHIBIT P3 A COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 25.7.2017 AND ITS ENGLISH TRANSLATION.
EXHIBIT P4 THE RECEIPT SHOWING THE ACCEPTANCE OF COMPLAINT BY THE 1ST RESPONDENT.
W.P.(C) No.3476 of 2017 & con. cases 102 APPENDIX OF WP(C) 25836/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: PHOTOGRAPHS FROM THE CCTV CAMERA INSTALLED NEAR THE COLLEGE GATE.
EXHIBIT-P2: PHOTOGRAPHS OF THE ACTIVITIES OF THE RESPONDENTS 5 TO 13.
EXHIBIT-P3: PHOTOCOPY OF THE REQUEST DT.29.07.2017 BEFORE THE 3RD RESPONDENT.
EXHIBIT-P4: PHOTOCOPY OF THE REQUEST DT.29.07.2017 BEFORE THE 4TH RESPONDENT.
EXHIBIT-P5: PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT DT.29.07.2017.
EXHIBIT-P6: PHOTOGRAPHS OF THE INCIDENTS ON 31.07.2017.
W.P.(C) No.3476 of 2017 & con. cases 103 APPENDIX OF WP(C) 26344/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE AFFILIATION ORDER NO.CBSE/AFF/930764 (EX-00841- 1516)/2014/766196 DATED 14.10.2014 VALID UPTO 31.03.2019.
EXHIBIT P2 A TRUE COPY OF THE LETTER/REPRESENTATION DATED 12.07.2017 SUBMITTED TO THE 3RD RESPONDENT.
W.P.(C) No.3476 of 2017 & con. cases 104 APPENDIX OF WP(C) 27147/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1: THE COPY OF REGISTRATION CERTIFICATE DATED 5.12.2007 ISSUED BY THE REGISTRAR OF SOCIETIES TO THE PETITIONER AND ITS ENGLISH TRANSLATION.
EXHIBIT P2: THE COPY OF NEWS PAPER REPORT DATED 19.7.2017 IN MANORAMA DAILY AND ITS ENGLISH TRANSLATION.
EXHIBIT P3: A COPY OF REPRSENTATION SUBMITTED BY THE PRINCIPAL OF THE SCHOOL DATED 25.7.2017 AND ITS ENGLISH TRANSLATION.
EXHIBIT P4: THE RECEIPT SHOWING THE ACCEPTANCE OF COMPLAINT BY THE IST RESPONDENT.
W.P.(C) No.3476 of 2017 & con. cases 105 APPENDIX OF WP(C) 27998/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MALAYALA MANORAMA DAILY DATED 11.8.2017.
EXHIBIT P2 A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MATHRUBHUMI DAILY DATED 15.8.2017.
EXHIBIT P3 A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MADHYAMAM DAILY DATED 15.8.2017.
EXHIBIT P4 A TRUE COPY OF THE NEWSPAPER REPORT CAME IN MALAYALA MANORAMA DAILY DATED 15.8.2017.
EXHIBIT P5 TRUE COPIES OF THE NOTICE DATED 16.8.2017, PUBLISHED IN THE NOTICE BOARD OF THE COLLEGE, SUSPENDING 19 STUDENTS.
EXHIBIT P6 A TRUE COPY OF ONE OF THE REPRESENTATION DATED 18.8.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
W.P.(C) No.3476 of 2017 & con. cases 106 APPENDIX OF WP(C) 28239/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPORT DATED 07/08/2017 SUBMITTED BY THE RETURNING OFFICE BEFORE THE PRINCIPAL OF THE COLLEGE.
EXHIBIT P2 A TRUE COPY OF THE FIR DATED 04/08/2017 REGISTERED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 04/08/2017, ALONG WITH LIST OF STUDENTS INVOLVED IN THE VIOLENCE, WHICH WAS SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 5TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 04/08/2017 SUSPENDING THE RESPONDENTS FROM THE COLLEGE.
EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 19/08/2017 SUSPENDING THE RESPONDENTS FROM THE COLLEGE.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14/08/2017 PUBLISHED BY THE PRINCIPAL OF THE COLLEGE IN THE NOTICE BOARD OF THE COLLEGE.
EXHIBIT P7 A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 24/08/2017.
EXHIBIT P8 A TRUE COPY OF ONE OF THE REPRESENTATION DATED 17/8/2017 ON BEHALF OF THE PETITIONER BEFORE THE 3RD RESPONDENT.
W.P.(C) No.3476 of 2017 & con. cases 107 APPENDIX OF WP(C) 986/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1. A TRUE COPY OF THE NOTICE DATED 06.11.2017 GIVEN TO THE PRINCIPAL.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 07.11.2017, SUSPENDING THE RESPONDENTS 8, 9 AND THREE OFFICERS FROM THE PETITIONER COLLEGE.
EXHIBIT P3. A TRUE COPY OF THE ORDER DATED 07.11.2017 OF THE PRINCIPAL OF THE PETITIONER COLLEGE CONSTITUTING AN ENQUIRY COMMITTEE.
EXHIBIT P4. A TRUE COPY OF THE ORDER OF DISMISSAL DATED 27.11.2017 ISSUED BY THE PETITIONER, DISMISSING THE 8TH RESPONDENT FROM THE COLLEGE.
EXHIBIT P5. A TRUE COPY OF THE ORDER OF DISMISSAL DATED 27.11.2017 ISSUED BY THE PETITIONER, DISMISSING THE 9TH RESPONDENT FROM THE COLLEGE.
EXHIBIT P6. A TRUE COPY OF THE ORDER OF IMPOSING A PUNISHMENT OF SEMESTER OUT WITH RESPECT TO THE 10TH RESPONDENT DATED 27.11.2017.
EXHIBIT P7. A TRUE COPY OF THE COMPLAINT DATED 19.12.2017, ALONG WITH LIST OF STUDENTS INVOLVED IN THE VIOLENCE, WHICH WAS SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 4TH RESPONDENT.
W.P.(C) No.3476 of 2017 & con. cases 108 EXHIBIT P8. A TRUE COPY OF THE INTIMATION DATED NIL ISSUED TO THE PRINCIPAL OF THE COLLEGE BY THE 4TH RESPONDENT.
EXHIBIT P9. A TRUE COPY OF THE REPRESENTATION DATED 20.12.2017, SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 2ND RESPONDENT, REQUESTING FOR POLICE PROTECTION.
EXHIBIT P10. A TRUE COPY OF THE STRIKE NOTICE DATED 05.01.2018 GIVEN TO BEHALF OF THE 5TH RESPONDENT.
EXHIBIT P11. A TRUE COPY OF THE NOTICE DATED 08.01.2018 PUBLISHED BY THE PRINCIPAL OF THE COLLEGE, INFORMING THAT, THE COLLEGE IS CLOSED TILL FURTHER ORDERS.
EXHIBIT P12. A TRUE COPY OF THE INTERIM ORDER DATED 25.08.2017 IN W.P(C) NO.28239 OF 2017 OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P13. A TRUE COPY OF THE INTERIM ORDER DATED 03.10.2017 IN CONTEMPT CASE (CIVIL) NO.1597 OF 2017, OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P14. A TRUE COPY OF THE INTERIM ORDER DATED 10.10.2017 IN CONTEMPT CASE (CIVIL) NO.1597 OF 2017, OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P15. A TRUE COPY OF THE INTERIM ORDER DATED 20.10.2017 IN CONTEMPT CASE (CIVIL) NO.1597 OF 2017, OF THE HON'BLE HIGH COURT OF KERALA.
W.P.(C) No.3476 of 2017 & con. cases 109 APPENDIX OF WP(C) 10125/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE FIR IN CRIME NO.2070 OF 2017 OF KOLLAM WEST POLICE STATION DATED 23/10/2017.
EXHIBIT P2: TRUE COPY OF THE LETTER SENT TO THE 3RD RESPONDENT, COMMISSIONER OF POLICE, KOLLAM DATED 28.02.2018 EXHIBIT P3: TRUE COPY OF THE REPRESENTATION SUBMITTE DBEFORE THE 3RD RESPONDENT DATED 16-3-2018 W.P.(C) No.3476 of 2017 & con. cases 110 APPENDIX OF WP(C) 23718/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF PROCEEDINGS DATED 25.10.2016 AS REGARD THE RESOLVE OF ALL PARTY MEETING TO ADJURE THE SCHOOL FROM ALL UNNECESSARY AGITATIONS AND STRIKES EXHIBIT P2 THE COPY OF F.I.R. DATED 2.7.2018 IN CRIME NO. 715/2018 OF ARYANCODE POLICE STATION W.P.(C) No.3476 of 2017 & con. cases 111 APPENDIX OF WP(C) 20536/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED
21.6.2019 BY PETITIONERS TO THE 3RD RESPONDENT ALONG WITH THE RECEIPT ISSUED .
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 21.6.2019 BY THE WRIT PETITIONERS BEFORE THE IST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 21.6.2019 BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 5.7.2019 TO THE IST RESPONDENT ALONG WITH THE POSTAL RECEIPT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 13.7.2018 IN WPC NO.22986/2018.
W.P.(C) No.3476 of 2017 & con. cases 112 APPENDIX OF WP(C) 20726/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER GIVEN BY THE 4TH RESPONDENT TO THE FIRST PETITIONER DATED 19.07.2019.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER TO THE 2ND RESPONDENT DATED 19.07.2019.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 22.07.2019.
EXHIBIT P4 TRUE COPY OF THE ORDER OS SUSPENSION ISSUED BY THE SECOND PETITIONER DATED 19.07.2019.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF REPRESENTATION SIGNED BY STUDENTS OF PETITIONER'S INSTITUTION DATED 06-08-2019.
EXHIBIT R4(B) TRUE COPY OF MEMO ISSUED BYPETITIONER SUSPENDING THE 4TH RESPONDENT FROM INSTITUTION DATED 19-07-2019.
W.P.(C) No.3476 of 2017 & con. cases 113 APPENDIX OF WP(C) 24075/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS OF THE ENTRANCE OF THE PETITIONER COLLEGE EXHIBIT P2 TRUE COPY OF THE LETTER TO THE 3RD RESPONDENT ALONG WITH RECEIPT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 2ND RESPONDENT