IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 15660 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. DR.DAVID PETER S., PRESIDENT, PARENTS TEACHERS ASSOCIATION, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. 2. DR. D.RAJEEV, VICE PRESIDENT, PARENTS TEACHERS ASSOCIATION, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. 3. V.DAMODARAN, SECRETARY, PARENTS TEACHERS ASSOCIATION, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. BY ADV. SRI.RAJU JOSEPH, SENIOR ADVOCATE SRI.J.JULIAN XAVIER RESPONDENT(S): --------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KOCHI-682 022, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KOCHI-682 022. ADDL.R3 AND R4 3. THE DISTRICT COLLECTOR, ERNAKULAM 4. THE COMMISSIONER OF POLICE, KOCHI CITY. (Impleaded as per judgment dated 17.6.2011) ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15660 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY ROUGH SKETCH SHOWING THE UNIVERSITY COMPOUND WITH THE MAIN ROADS AND THE OPENINGS EXT.P2- TRUE COPY OF THE REQUEST MADE BY THE 1ST PETITIONER TO THE 2ND RESPONDENT EXT.P3- TRUE COPY OF THE MINUTES OF THE SCHOOL COUNCIL MEETING HELD ON 15.1.10 EXT.P4- TRUE COPY OF THE REPRESENTATION FILED BY THE THIRD PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.4.11 (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).15660/2011 .............................................. Dated this the 17th day of June, 2011 JUDGMENT Petitioners who are the President, Vice President and Secretary of the Parents Teachers Association, School of Engineering, Cochin University of Science and Technology respectively, have approached this Court seeking for a direction to be given to the respondent/University to close down the unauthorized openings on the south eastern corner of the University campus immediately. 2. Mr.Raju Joseph, the learned senior counsel appearing for the petitioners submits with reference to the contents of the writ petition, that the unauthorized openings in the University Campus are adversely affecting the lives and careers of the students, particularly the girl students and that a decision was taken by the Council to request the University to take necessary steps to get the grievance redressed. However, the University has not given any effect to the same, which made the petitioners to approach this Court for immediate interference. 3. The respondent/University has filed a statement through the W.P.(C).15660/11 2 learned Standing Counsel virtually conceding the factual position as narrated by the petitioners. Paragraph 2 of the said statement is relevant and the same is extracted below:- The University also wants to close the unauthorized openings in the compound wall in question. Earnest efforts were being made by the University in this regard. But because of unauthorized obstructions and lack of co- operation from the Police and District Administration these respondents could not succeed in their attempt. At last by letter No.UEU/1417/04-05 dated 10.6.2010 the University addressed the District Collector, Ernakulam, requesting Government to provide round the clock police protection for two weeks for completing the work satisfactorily. 4. Learned Standing Counsel appearing for the University submits that the allegations raised against the University as to the lapse or inaction is not correct and that the University always wanted to give effect to the decision taken by the Council to have the unauthorized openings closed down. It was with this intention, that the University wrote to the District Collector, as W.P.(C).15660/11 3 per letter dated 10.6.2010, pointing out the hardships and seeking for police protection for two weeks so as to complete the works satisfactorily. It is stated that nothing transpired and that no positive response either from the part of the District Administration or from the police authorities was forthcoming. 5. After hearing both the sides, this Court finds that the petitioners are entitiled to succeed; more so, in view of the stand taken by the University. 6. In the above circumstances, the University shall pursue the matter for getting the necessary relief from the District Collector as well as the Police authorities by filing a formal request in this regard, along with the copy of the judgment, forthwith. On filing such proceedings, the District Collector as well as the Commissioner of Police, Kochi city, shall offer all necessary assistance including by way of police protection, to enable the University to complete the works with regard to the closing of the unauthorized openings in the University Campus, for such period as sought for. The University shall take steps for getting the work done as permissible under the relevant provisions of law, within the shortest possible time and make a request as aforesaid W.P.(C).15660/11 4 immediately, at any rate, within 'three weeks' from the date of receipt of a copy of this judgment. 7. The District Collector as well as the Commissioner of Police, Kochi city have been 'suo motu' impleaded as the additional respondents 3 and 4 and this Court heard the learned Government Pleader as well, on behalf of them. Petitioner shall supply additional copies of the writ petition to the learned Advocate General's Office for enabling the said Office to forward copies of the proceedings to the concerned additional respondents. It is made clear that, on completion of the proceedings with regard to the allocation of the work, it would be open for the University to proceed with the same and if at all any obstruction is caused by anybody, it shall be brought to the notice of the additional respondents 3 and 4 to offer necessary police protection, to the requisite extent, as ordered above. Writ petition is disposed of. P.R.RAMACHANDRA MENON, Judge mrcs