IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22311 of 2011(L) -------------------------- PETITIONER(S): --------------- 1. FEROKE EDUCATIONAL CO-OPERATIVE SOCIETY LTD., KOZHIKODE, REPRESENTED BY ITS SECRETARY, FEROKE, KOZHIKODE. 2. PRINCIPAL, CO-OPERATIVE ARTS AND COMMERCE COLLEGE, FEROKE, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE-673 635. 2. CIRCLE INSPECTOR OF POLICE, NALLALAM, KOZHIKODE-673 027. 3. COMMISSIONER OF POLICE, KOZHIKODE-673 001. 4. SREEJITH.P., S/O.SIVARAJAN, PEROTH HOUSE, OLAVANNA, KOZHIKODE-673 025. 5. SAHIR P.V., S/O.JAMALUDDEEN, MANGALAMTHODI KAKKOVE, VAZHAYOOR, KOZHIKODE-673 630. 6. RAFSEL.E.K., S/O.MOHAMMED, MEMPARAMBATH HOUSE, KOMARAPPADI, THENHIPALAM, MALAPPURAM-673 620. BY ADV. SRI.K.ABDUL JAWAD FOR R5 & 6 G.P.SMT. CHARISMA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22311 of 2011(L) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE BYELAW OF THE CO-OPERATIVE SOCIETY. EXT.P2 COPY OF THE ORDER ISSUED BY R2 DATED 3.8.2011 SUSPENDING THE STUDENTS INVOLVED IN THE INCIDENT PENDING ENQUIRY. EXT.P3 COPY OF THE COMPLAINT SUBMITTED BY ONE OF THE LECTURERS DATED 29.7.2011. EXT.P4 COPY OF THE REPRESENTATION SUBMITTED BY THE STUDENTS DATED NIL TO R2. EXT.P5 COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER DATED 29.7.2011. EXT.P6 COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIOENR DATED 9.11.2011. EXT.P7 COPY OF THE ACKNOWLEDGMENT BY THE R1 ON RECEIPT OF EXT.P6. /TRUE COPY/ P.S. TO JUDGE cl PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ........................................... W.P.(C).NO.22311 OF 2011 ............................................. Dated this the 22nd day of August, 2011. JUDGMENT Pius C. Kuriakose, J: This writ petition has been instituted by the Feroke Educational Co-operative Society Ltd., and the Principal, Co-operative Arts and Commerce College, Feroke seeking police protection for the smooth and peaceful conduct of classes in the college belonging to the first petitioner. 2. Adv.Sri.Abdul Jawad entering appearance on behalf of respondents 5 and 6 sought for time to file counter affidavit. According to him, the accusations levelled in the writ petition against respondents 5 and 6 are baseless. The respondents are not against the peaceful conduct of classes in the college and this Court granting protection for such peaceful conduct. But if this Court grants protection as sought for on the basis of the allegations in the writ petition, the same will amount to acceptance of those allegations by this Court as correct. 3. We have considered the submissions addressed W.P.(C).NO.22311 OF 2011 : 2 : before us by Sri. P.V. Kunhikrishnan, the learned counsel appearing for the petitioners and Sri. Abdul Jawad, the learned counsel appearing for respondents 5 and 6. The submission of Sri. P.V. Kunhikrishnan was that the College Management and the Principal are not in favour or against any of the students or students organization in the college. They are interested only in peaceful conduct of the classes. We feel that considering the above submission and considering the stand taken by the counsel for respondents 5 and 6, this writ petition can be disposed of directing the first respondent to ensure that the petitioners are able to conduct the classes in Co-operative Arts and Commerce College, Feroke, without any obstruction or trouble from any of the students in the college or from any of the students' organization functioning in the college. We make it clear that this judgment will not in any way affect the enquiry which is carried on against respondents 5 and 6. The enquiry will take its due course. sd/= PIUS C. KURIAKOSE, JUDGE. sd/= C.K. ABDUL REHIM, JUDGE. cl W.P.(C).NO.22311 OF 2011 : 3 :