IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 25454 of 2008(E) ---------------------------------------- PETITIONER(S): ------------------------ DR. JANCY JAMES, W/O. JAMES JOSEPH, AGED 54 YEARS, RESIDING AT THE VICE CHANCELLOR'S RESIDENCE, MAHATHMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST, KOTTAYAM. 4. THE SUB INSPECTOR OF POLICE, GANDHI NAGAR, KOTTAYAM. 5. S.F.I (STUDENTS FEDERATION OF INDIA), REPRESENTED BY AJISH MANOHAR, CHAIRMAN, DEPARTMENTS STUDENTS UNION, MAHATHMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25454/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT BEFORE THE 4TH RESPONDENT DTD. 18/08/2008. EXT.P2: COPY OF THE REQUEST FOR POLICE PROTECTION BEFORE THE DGP DTD. 19/08/2008. EXT.P3: COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE HINDU DAILY DTD. 19/08/2008. EXT.P4: COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 19/08/2008. EXT.P5: COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MANGALAM DAILY DTD. 19/08/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 25454 OF 2008 ============================ DATED THIS THE 30TH DAY OF OCTOBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is the Vice Chancellor of Mahatma Gandhi University. She was constrained to approach this Court as a group of students belonging to the 5th respondent pushed her into her chamber and confined/gheraoed her for about three hours. The said incident was brought to the notice of the Station House Officer of the local police station by the Registrar of the University by Ext.P1representation dated 18-8-2008. The petitioner submits, a crime has been registered against the persons involved in the incident. Since the threat of violence continued, the petitioner preferred Ext.P2 representation before the Director General of Police with copy to the District Superintendent of Police, Kottayam, the Circle Inspector of Police, Kottayam East, Kottayam, the Sub Inspector of Police, Gandhi Nagar Police Station, Kottayam seeking necessary protection. Since the police failed to take any effective action, this writ petition is filed seeking the following reliefs: WPC.25454/2008 -2- “ i. issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 2 to 4 to afford adequate and effective police protection to the petitioner enabling her to attend her office as well as to perform her official duties outside the Campus. ii. issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 2 to 4 to ensure that the agitators and protestors shall not enter the office or chamber of the petitioner without prior permission.” 2. Though notice was served on the 5th respondent, no one appeared for it. 3. We heard the learned Government Pleader for the official respondents. At the time of admitting this writ petition, this Court has already issued an interim order to grant necessary protection to the life and property of the petitioner. 4. We think the prayers of the petitioner in this writ petition are liable to be allowed. For enabling the police to protect the petitioner, if there is any physical obstruction to the functioning of the petitioner as Vice Chancellor from the part of the 5th respondent and its supporters or if they try to enter her chamber using force, the same may be brought to the notice of the respondents 3 and 4. In that WPC.25454/2008 -3- event, the said respondents shall take effective action as the occasion demands and render necessary protection to the petitioner by removing the obstruction and the intruders. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks.