IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 12875 of 2011(H) -------------------------- PETITIONERS: --------------------- 1. JAYAN P., AGED 32 YEARS, S/O.BALAKRISHNAN, PALAYIL HOUSE, KOLAKKATTU CHALIL P.O., CHELAMBRA, KOZHIKODE DISTRICT. 2. JITHESH K., AGED 23 YEARS, S/O.BHARATHAN, MUTHIRAPARAMBIL HOUSE, THENJIPALAM P.O., MALAPPURAM DISTRICT. 3. SANEESH M.V., AGED 32 YEARS, S/O.RAMACHANDRAN K.M., SAJITHA NIVAS, RAMANATTUKARA P.O., KOZHIKODE DISTRICT. 4. PRAMOD K., AGED 41 YEARS, KUNIYIL HOUSE, KAPPAD P.O., CHEMENCHERI VIA., KOZHIKODE DISTRICT. BY ADVS. SRI.P.V.SURENDRANATH SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.1 2. UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., PIN-673635. 3. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN-673635. 4. CHIEF ELECTORAL OFFICER, CHIEF ELECTORAL OFFICE, ELECTION (GENERAL DEPARTMENT), LEGISLATIVE COMPLEX, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. 5. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM-676505. 6. SUB INSPECTOR OF POLICE, THENJIPALAM POLICE STATION, THENJIPALAM P.O., MALAPPURAM DISTRICT-673636. 7. K.N.ABDUL KHADER, KANNAVIL, KANNAVIL HOUSE, OTTATHARA, KODUR P.O., PIN-676504. R1, 5, 6 BY GOVERNMENT PLEADER SRI.C.M.CHARISMA R2 & 3 STANDING COUNSEL SRI.P.C.SASIDHARAN R4 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. R7 BY ADV. SRI.M.MUHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12875 of 2011(H --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1: COPY OF THE NOTIFICATION DATED 5.11.2008 EXT.P2. COPY OF THE MEMO DATED 19.2.2011 EXT.P3. COPY OF THE MEMO ISSUED TO THE 2ND PETITIONER DATED 19.2.2011. EXT.P4. COPY OF THE ORDER OF THE 4TH RESPONRENT DATED 7.3.2011 EXT.P5. COPY OF THE SCHEDULE OF PRACTICAL TESTS FOR THE POST OF PLUBER, PUMP OPERAYTOR , ELECTRICIANS, BINDER AND PRINTER EXT.P6. COPY OF THE MEMO DATED 7.4.2011 EXT.P7. COPY of the MEMO ISSUED TO THE 2ND PETITIONER EXT.P8. COPY OF THE PRESS REPORT PUBLISHED ON THE ABOVE INCIDENT ON 26.4.2011 IN MALAYALA MANORAMA DAILY DATED 27.4.2011. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.12875 of 2011-H ***************************** Dated this the 31st day of May, 2011 JUDGMENT BASANT, J. Petitioners pray for police protection. They are candidates for selection and appointment to various regular posts under the University of Calicut as per notification issued by the University calling for applications. The recruitment is to be done by conducting a written test, practical test and interview. The petitioners are all qualified and have made applications for those posts. According to the petitioners, they are illegally obstructed by men led by the 7th respondent from appearing for the interview. The interview was scheduled to take place on 26.04.2011. There was illegal obstruction then. It is, in these circumstances, that the petitioners have come to this Court seeking issue of directions. 2. Respondent No.7 has entered appearance. He was a candidate in the legislative assembly elections and allegations are being raised against him purely on account of ill will and W.P(C) No.12875 of 2011-H 2 malice, submits the learned counsel for the 7th respondent. The 7th respondent has no intention to obstruct the petitioners in any manner from participating in the tests. It is pointed out that the University has not refixed the date for the next test. In these circumstances, it is not necessary to issue any directions, submits the learned counsel for the 7th respondent. 3. The learned Government Pleader submits that necessary action shall be taken against the 7th respondent or anyone obstructing the petitioners, if any genuine complaint of such obstruction is received by the police. 4. We are satisfied that recording the submissions of the learned counsel for the 7th respondent that the 7th respondent or his men shall not in any way cause obstruction against the petitioners from attending for the requisite test, this petition can be closed. In doing so, we rely on the submissions of the learned Government Pleader that if the petitioners have any such complaints, they can lodge such complaints before the 6th respondent, who shall take appropriate action to afford police protection to them. 5. We accept the submission of the learned counsel for the 7th respondent. We accept the submission of the learned W.P(C) No.12875 of 2011-H 3 Government Pleader. This Writ petition is, in these circumstances, allowed to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/