IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 8401 of 2010(A) ------------------------- PETITIONERS: --------------- 1. ROOPESH.A, AGED 19 YEARS, S/O.MANI, PARAMELPARAMBIL HOUSE, OZHUR.P.O, THIRUR TALUK, MALAPPURAM DISTRICT. 2. NENCHAPPAN.P, AGED 21 YEARS, S/O.PONNAN, KALLAMKADAVIL HOUSE, THAVALAM.P.O, KALLAMANA VILLAGE, PALAKKAD DISTRICT. 3. E.K.SREEJITH, AGED 20 YEARS, S/O.KARAPPAN, ERANAMKALAYIL HOUSE, PUTHUPPALLY.P.O, PURATHOOR VILLAGE, THIRUR TALUK, MALAPPURAM DISTRICT. 4. SUJEESH.T, AGED 18 YEARS, S/O.SEKHARAN, THADAVALLY HOUSE, KANIAMPURAM.P.O, NARUKARA VILLAGE, ERANADU TALUK, MALAPPURAM DISTRICT. 5. CHANDRADEEP, AGED 19 YEARS, S/O.KARAPPUNNY, OTTAKKALLILAKIL HOUSE, MANNARMALA.P.O, PATTIKKADU, KARYAVATTAM VILLAGE, MALAPPURAM. 6. VIJEESH.E.K, AGED 19 YEARS, S/O.VASU, ITTARKKATTIMAL HOUSE, NEELESWARAM, KODUVALLY, KOZHIKODE DISTRICT. 7. RAJEESHMON, AGED 20 YEARS, S/O.KUNJUKUTTAN, KARATTUPARAMBIL HOUSE, KUTALANGADY VILLAGE, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.M.J.POLLY RESPONDENTS: --------------- 1. PRINCIPAL, THRISSUR MEDICAL COLLEGE, MULAKUNNATHUKAVU, THRISSUR DISTRICT. 2. SUB INSPECTOR OF POLICE, PERMANGALAM, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. WP(C).No. 8401 of 2010(A) 3. SURESH, S/O.SUBRAMANIAN, RAJEEV COLONY, AGALY, PALAKKAD, FIRST YEAR, DMLT STUDENT, MCH MULAMKUNNATHUKAVU, THRISSUR DISTRICT. GOVERNMENT PLEADER SHRI.M.A.ASIF ADV. SRI.P.L.JOY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON DELIVERED THE FOLLOWING: WP(C).No. 8401 of 2010(A) APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1: Order of the Suspension dtd.2/2/2010. EXHIBIT P2: FIR dtd. 2/2/2010 EXHIBIT P3: Original Affidavit sworn to by 3rd respondent dtd.10/3/2010. EXHIBIT P4: W.P.(C)No.1240/2010 of this Court dtd. 19/1/2010. RESPONDENTS' EXHIBIT: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.8401 of 2010 ------------------------------------------------ Dated this the 18th day of March, 2010 JUDGMENT The petitioners are Para Medical Students of the Thrissur Government Medical College. There was a complaint against the petitioners regarding ragging the third respondent. They were suspended from the college and the police have also registered a crime under Section 4 of Kerala Prohibition of Ragging Act, 1998 and 143, 147, 294 (b), 506 (i) read with Section 149 of the Indian Penal Code. 2. By Ext.P3, the third respondent communicated that he has no complaint in the matter. In these circumstances, the petitioners have filed this writ petition seeking for a direction to first respondent to revoke the suspension order and grant permission to the petitioners to attend classes and examination. 3. The learned Government Pleader submitted that the enquiry is over and the matter is to be finalised by the Principal. The learned counsel for the petitioners submitted that the examination is scheduled to commence from 22/3/2010. 4. Therefore, there will be a direction to the first W.P.(C)No.8401 of 2010 2 respondent to take an appropriate decision regarding revoking of suspension of the petitioners before the commencement of the examinations. If, on any account, the Principal may not be able to complete proceedings before 22/3/2010, the petitioners will be allowed to appear for the examination, subject to the final orders to be passed by the Principal. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj