IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 30714 of 2011(L) ------------------------------------- PETITIONER: ------------------- ANITHA PRASAD, W/O.PRASAD, AGED 47 YEARS, RESIDING AT PANKAJ, PUZHAVATHIL, CHANGANACHERRY, VICE PRESIDENT, PARENT TEACHER ASSOCIATION, GOVERNMENT LAW COLLEGE, THRISSUR. BY ADVS. SMT.A.K.PREETHA SRI.C.ANIL KUMAR RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPATMENT, SECRETARIAT, THIRUVANANTHAPUARAM-695 001. 3. THE PRINCIPAL, GOVERNMENT LAW COLLEGE, AYYANTHOLE, THRISSUR-680 001. 4. THE COMMISSIONER OF POLICE, THRISSUR-680 001. 5. THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR-680 001. 6. THE SECRETARY, STUDENTS FEDERATION OF INDIA, GOVERNMENT LAW COLLEGE UNIT, GOVERNMENT LAW COLLEGE, THRISSUR-680 001. 7. THE SECRETARY, KERALA STUDENTS UNION, GOVERNMENT LAW COLLEGE UNIT, GOVERNMENT LAW COLLEGE, THRISSUR-680 001. ADV. SRI.P.VIJAYARAGHAVAN, STATE ATTORNEY- R1 TO R5 BY GOVERNMENT PLEADER, SRI. SHYSON P. MANGHUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30714 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXBIBIT P1 : TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING ON 14/11/2011. EXBIBIT P2 : TRUE COPY OF THE MINUTES OF THE PROCEEDINGS OF THE STAFF COUNCIL DATED 14/1/2011 INITIATING ENQUIRY PROCEEDINGS. EXBIBIT P3 : TRUE COPY OF THE MINUTES OF THE MEETING OF THE PTA EXECUTIVE COMMITTEE DATED 20/1/2011. EXBIBIT P4 : TRUE COPY OF THE REPORT OF THE ENQUIRY DATED 8/2/2011. EXBIBIT P5 : TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 16/2/2011. EXBIBIT P6 : TRUE COPY OF THE MINUTES OF THE STAFF COUNCIL HELD ON 10/11/2011. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRINCIPAL AND THE PARENT TEACHER ASSOCIATION BEFORE THE 4TH RESPONDENT DATED 17.11.2011 RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30714 of 2011 -------------------------------------------------- Dated this the 30th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner, the Vice President of the PTA of Government Law College, Thrissur, herself a lawyer and mother of a 5th semester student of the Law College, Thrissur has approached this Court filing this writ petitioner under Article 226 claiming the following reliefs: “a) A writ of mandamus or any other appropriate writ, order or direction directing the 4th and 5th respondent to provide adequate and effective police protection to the students, teaching and non-teaching staff of the College and for the smooth functioning of the college. b) A writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to take disciplinary proceedings against the erring students and to take all necessary steps to ensure right to uninterrupted education of the students. c) A writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to issue necessary directions in view of the guidelines laid down by this Court in Kerala Students Union V. Sojan Francis. d) Issue a declaration banning political activities in college campus. W.P(C) No.30714 of 2011 2 e) Declare that the action of the 6th and 7th respondent's in taking law into their hands is arbitrary and illegal.” 2. On considering the averments in the writ petition and the submissions of the learned counsel for the petitioner as well as those of the learned State Attorney who took notice on behalf of the Police officers, this Court on 19.11.2011 issued an interim order directing the 4th respondent-Commissioner of Police to look into Ext.P7 immediately and to conduct an immediate enquiry into the same. It was ordered that if the enquiry reveals that the situation in Thrissur Law College Campus is such that the action is warranted, the 4th respondent will, either by himself or through competent police officials authorised by him, ensure that the law and order situation is maintained in the Law College Campus and that the first petitioner in Ext.P7, the Law College Principal, is able to conduct classes smoothly. 3. Today it is submitted before us on behalf of the State Attorney that the law and order situation in the college campus is under control and that police is always ready and willing to comply with the interim order passed by this Court on 19.11.2011. When it was suggested to Smt.A.K.Preetha, learned counsel for the petitioner that the writ petition can be disposed of in the light of what was submitted before us on behalf of the State Attorney, she insisted that this Court should notice the situation that the averments in the writ W.P(C) No.30714 of 2011 3 petition are not controverted and hence should grant reliefs claimed under b, c, d and e also. We are not inclined to consider the grant of those reliefs, as in our opinion as per the roster presently fixed by the Chief Justice, the jurisdiction allotted to us is the jurisdiction for rendering police protection, issuing directions against the alleging police harassment etc. We leave open to the grantability of reliefs c, d and e to be considered in appropriate fresh proceedings if any initiated by the petitioner. 4. We dispose of this writ petition issuing the following directions: i) The interim order dtd.19.11.2011 is confirmed. ii) Respondents 4 and 5 will keep constant vigil over the campus of the Government Law College, Thrissur and ensure that on account of student agitations or any other reason, law and order situations and violence does not arise or erupt in the said campus. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab