IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 7096 of 2010(J) ------------------------------------------------ PETITIONER(S): ---------------------- C.CHRISTUDAS, DIRECTOR, THE DALE VIEW, PUNALAL(P.O), POOVACHAL, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.M.S.VIJAYACHANDRAN BABU SRI.N.P.PRAJEESH RESPONDENT(S): -------------------------- 1. KEERTHI VIJAYAN, VIJAYA VIHAR, MITHRANIKETHAN P.O., THIRUVANANTHAPURAM. 2. SABU.C, SREEHARI, VELLANAD P.O., VELLANAD, THIRUVANANTHAPURAM. 3. PRADEEP B.S., ROHINI, T.C.21/142-1, NEDUMKADU, KARAMANA P.O., THIRUVANANTHAPURAM-2. 4. PRATHAP KUMAR.B., PAMMAMTHALA VEEDU, PARUTHIPALLI P.O., THIRUVANANTHAPURAM. 5. C.B.SHAJI KUMAR, C.B.HOUSE, KULAPATHUVILA P.O., VATTAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM. 6. REMA.T, MITTU BHAVAN, KALLAMAM, PANNIYODE P.O., THIRUVANANTHAPURAM. W.P.(C).NO.7096 OF 2010 7. SINDHU.K, KOMALA VILASAM, T.C.5/281, INDIRA NAGAR LANE, PEROORKKADA, THIRUVANANTHAPURAM. 8. SUNITHA.S, SUNITHA SADANAM, MADATHUKONAM, VEERANAKAVU P.O., KATTAKKADA, THIRUVANANTHAPURAM. 9. THE PRESIDENT, KERALA PRADESH SWASRAYA COLLEGE EMPLOYEES SANGH, BMS MAZDOOR BHAVAN, KARAMANA, THIRUVANANTHAPURAM. 10. THE SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, ARYANAD, THIRUVANANTHAPURAM. 11. THE CIRCLE INSPECTOR OF POLICE, ARYANAD CIRCLE, ARYANAD, THIRUVANANTHAPURAM. ADV. SRI.N.NAGARESH FOR R1 TO 9 R10 & R11 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.7096 OF 2010 J PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MEMO DATED 01.01.2010 ISSUED TO THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE NOTICE DATED 11.02.2010 ISSJED BY THE DEPUTY LABOUR OFFICER, TRIVANDRUM. EXT.P3 TRUE COPY OF THE TIME TABLE PUBLISHED BY THE UNIVERSITY OF KERALA DATED 8.2.10. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 01.03.2010. EXT.P5 TRUE COPY OF THE RECEIPT DATED 01.03.2010. RESPONDENTS' EXHIBITS: EXT.R1(A) TRUE COPY OF THE LETTER DATD 28.01.2010 SUBMITTED TO THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 7096 OF 2010 J --------------------------------------------------- Dated this the 10th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus directing respondents 10 and 11 to afford adequate and effective police protection from the unlawful threat, obstructions and hindrances caused by respondents 1 to 9 and their people and for the smooth functioning of The Dale View College of Pharmacy and Research Centre, Punalal, Thiruvananthapuram. ii) Issue a writ of mandamus directing respondents 10 and 11 to afford adequate and effective police protection for the free ingress and egress of The Dale View College of Pharmacy and Research Centre, Punalal, Thiruvananthapuram.” WPC.7096 OF 2010 J 2 2. Briefly put, the case of the petitioner is as follows: Petitioner is the Director of The Dale View College of Pharmacy and Research Centre affiliated to the Kerala University. Respondents 1 to 8 were employees of the College and they were removed from the service after finalising disciplinary proceedings. They started Dharna in front of the College, obstructing ingress and egress. It is stated that the University Examination of B. Pharm Degree is scheduled to be held from 03.03.2010 onwards. In view of the obstruction, petitioner filed representation. 2. A Counter Affidavit has been filed by respondents 1 to 9. Therein, various allegations are raised. 3. We heard the learned counsel appearing for the parties, including the learned Government Pleader. It is submitted that the matter relating to the employees is pending consideration before the Statutory Authorities. It is also submitted that conciliation proceedings are going on. Learned counsel for the party respondents would submit that they are not obstructing the WPC.7096 OF 2010 J 3 petitioner. We record the same and dispose of the Writ Petition as follows: There will be a direction to respondents 10 and 11 to provide adequate protection to the petitioner for the smooth conduct of the B. Pharm Degree Examination of the Kerala University scheduled to be held from 03.03.2010 in The Dale View College of Pharmacy and Research Centre, Punalal, Thiruvananthapuram and for the smooth functioning of the College from the party respondents (respondents 1 to 9). We make it clear that, as a condition, the petitioner must participate in the conciliation proceedings. We further make it clear that it will be open to the party respondents to carry on their agitation and also to take up the matter before the Statutory Authorities, without obstructing the petitioner's College. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // WPC.7096 OF 2010 J 4