IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2173 of 2010(V) ------------------------------------ PETITIONER(S): ---------------------- ST.JOHN'S COLLEGE, PRIYADARSHINI HILLS, PRAKKANAM P.O., PATHANAMTHITTA DISTRICT, REP. BY ITS PRINCIPAL, ASOK KUMAR, AGED 49 YEARS. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 3. SHAHANSHA, KEECHERI VEEDU, PETTA P.O., PATHANAMTHITTA. R1 & R2 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA R3 BY ADV.SRI.SHANAVAS KHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2173 of 2010(V) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..PHOTOCOPY OF THE ORDER DATED 15.1.2008 ISSUED BY THE PRINCIPAL. EXT.P2..PHOTOCOPY OF THE T.C. OF THE 3RD RESPONDENT DATED 21.8.2008. EXT.P3..PHOTOCOPY OF THE COMPLAINT DATED 16.7.2008 EXT.P4..PHOTOCOPY OF THE PETITION DATED 8.9.2009. EXT.P5..PHOTOCOPY OF THE RECEIPT DATED 8.9.2009. EXT.P6..PHOTOCOPY OF THE COMPLAINT DATED 7.1.2010 SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. EXT.P7..PHOTOCOPY OF THE RECEIPT DATED 7.1.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2173 of 2010-V ---------------------------------------------- Dated, this the 28th day of January, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking police protection to the life of the students and property of the petitioner's college from the threat of 3rd respondent and his henchmen. 2. Briefly put, the case of the petitioner is as follows:-Petitioner is the Principal of St.Johns College. There are more than 400 students and 40 staff in the college. The 3rd respondent was an M.B.A. student in the college. He was involved in criminal activities, it is alleged. It is stated that the normal functioning of the college is paralysed and the 3rd respondent was warned several times. Having become intolerable such activities of the 3rd respondent, the college authority decided to expel him and constrained to give T.C. to him. It is stated that petitioner has approached this court for police protection against the actions of the 3rd respondent and WPC 2173/2010 -2- this Court allowed his petition. It is further stated that on 7.9.2009 at 8.00 p.m. the 3rd respondent trespassed into the ladies hostel of the college. There are other allegations against the 3rd respondent. Petitioner has filed a complaint before the 2nd respondent (Ext.P6 and P7). 3. We heard the learned counsel for the petitioner, learned counsel for the 3rd respondent and learned Government Pleader. 4. The learned counsel for the 3rd respondent prays time for filing counter. The 3rd respondent ceased to be a student of the college. It is submitted that the 3rd respondent along with other students had filed an appeal against the decision of the authorities of the college. That has been allowed and that the 3rd respondent is pursuing his education in another institution. He further submits that the 3rd respondent has no intention to cause disturbance in the running of the petitioner institution. Recording the submission made by the learned counsel for the 3rd respondent and without going into the allegations we dispose of the writ petition directing that in case any disturbance is caused by the WPC 2173/2010 -3- 3rd respondent to the running of the petitioner college respondents 1 and 2 will provide adequate protection for the running of the petitioner college. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS