IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 2430 of 2011(C) ------------------------- PETITIONERS: --------------- 1. MANAGER, ST.STEPHEN'S COLLEGE, UZHAVOOR-686 634. 2. PRINCIPAL, ST.STEPHEN'S COLLEGE, UZHAVOOR-686 634. BY ADV. SRI.BABY ISSAC ILLICKAL RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, KOTTAYAM. 2. SUB INSPECTOR OF POLICE, KURAVILANGAD. 3. ANOOP.T.O, POOZHIKKOLIL HOUSE, KARAMALA P.O., PERUMKUTTY. 4. JINS DEVASIA, KURIATHUKIZHAKKAL HOUSE, VALLICHIRA P.O., PALA. 5. SARATH.T.S, THATTUMPURATHU HOUSE, PERUVA P.O., KOTTAYAM. 6. ABYSON BABY, THOTTIYIL HOUSE, CHOONDACHERRY P.O. 7. SAJESH RADHAKRISHNAN, SFI UNIT SECRETARY, UZHAVOOR UNIT, PALLIKUNNEL HOUSE, MONIPPALLY, ACHIKKAL. 8. VISHNU.K, KAKKANATTIL HOUSE, VELIYANNOOR P.O., AREEKARA, KOTTAYAM. GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2430 of 2011(C) APPENDIX PETITIONERS' EXHIBITS EXT.P1: PHOTOCOPY OF THE REPORT OF THE ENQUIRY COMMISSION DT.05.01.2011. EXT.P2: PHOTOCOPY OF THE DISMISSAL ORDER OF RESPONDENTS 3 TO 6 DT.07.01.2011. EXT.P3: PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE TEACHERS BEFORE THE PRINCIPAL DT.12.01.2011. EXT.P4: PHOTOCOPY OF THE ORDER DT.18.01.2011. EXT.P5: PHOTOCOPY OF THE REQUEST MADE BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DT.21.01.2011. /True copy/ R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.2430 of 2011 ***************************** Dated this the 3rd day of March, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford police protection to them for the orderly running of St.Stephen's College, an aided private affiliated college. According to the petitioners, who are the Manager and Principal of the College, the peaceful running of the college was obstructed by respondents 3 to 8, who are influential person. It is, in these circumstances, that the petitioners came to this Court with this petition for issue of directions. 2. This petition was admitted on 24.01.2011. All the respondents have been served. Respondents 3 to 8 have not chosen to enter appearance before this Court. 3. Even though respondents 3 to 8 had not chosen to enter appearance, this Court on 28.01.2011 held that time can be granted to respondents 3 to 8 to enter appearance. Accordingly the case was posted to 07.02.2011 and the following interim directions were issued. W.P(c) No.2430/11 2 “The learned Government Pleader after taking instructions from respondents 1 and 2 submits that on the application of the petitioners, necessary police protection is afforded even now. We are satisfied, in these circumstances, that interim direction can be issued. Adequate police protection shall be granted by respondents 1 and 2 to the petitioners for the orderly and peaceful running of the college without any obstruction or violence from respondents 3 to 8 or persons acting for them. We make it clear that this shall not in any way fetter the rights of the respondents 3 to 8 and others supporting them to hold peaceful demonstration outside the gate of the college without obstructing ingress and egress to the college.” 4. Thereafter the case came up for hearing on 07.02.2011 and 17.02.2011. It has now come up for hearing today. There is no representation for respondents 3 to 8. The learned counsel for the petitioners prays that the petition may be allowed now. The learned Government Pleader submits that necessary police protection is being afforded as per the interim order of this Court dated 28.01.2011. The petitioners have reservations about the quality of police protection that is granted. They submit that in spite of the interim orders, there were untoward incidents on 22.02.2011. W.P(c) No.2430/11 3 5. In the total absence of any objections from respondents 3 to 8 and in the light of the stand taken by the learned Government Pleader, we are satisfied that the petitioners' request for police protection for the peaceful and orderly conduct of the affairs of the St.Stephen's College, Uzhavoor, can be granted. 6. This Writ Petition is accordingly allowed. The interim order dated 28.01.2011 extracted above is made absolute. Respondents 1 and 2 are directed to give effective and adequate protection to the petitioners in terms of the interim order dated 28.01.2011. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(c) No.2430/11 4 W.P(c) No.2430/11 5 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.2430 of 2011 ***************************** Dated this the 24th day of January, 2011 ORDER BASANT, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 and 2. Issue notice to respondents 3 to 8. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 3 to 8 by special messenger. 2. Verify service and call again on 28.01.2011. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(c) No.2430/11 6