IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 2099 of 2008(Y) ------------------------- PETITIONER: ------------ SREEKUMARAN NAIR, PRINCIPAL, ST. JOHNS COLLEGE, PRAKKANAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 2. CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA. 3. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 4. SHAHANSHA.A, S/O AKMARSHA.A, AGED 22 YEARS, KEECHERIYIL HOUSE, PETTA, PATHANAMTHITTA DISTRICT. 5. SUBIN K.RAJAN, S/O K.A.RAJAN, AGED 21 YEARS, KALLORETHU HOUSE, OMALLUR P.O., PATHANAMTHITTA DISTRICT. 6. NISHANTH CHANDRAN, S/O C.K.CHANDRASEHARAN NAIR, MULLACKAL HOUSE, NARANGANAM P.O., KOZHENHERRY, PATHANAMTHITTA. 7. AL-AMEEN, S/O KAMALUDEEN, AL-AZEEN MANZIL, MANGARAM, PANDALAM, PATHANAMTHITTA DISTRICT. W.P.(C) No.2099/2008 8. PRINCE PHILIPS, S/O C.P.PHILIP, CHAMAKKALAYIL, MUNDUKOTTACKAL P.O., PATHANAMTHITTA DISTRICT. 9. NIDHIN S.VARMA, S/O SREEKUMAR VARMA, MALIKAKOTTARAM, KAIPUZHA, KULANADA P.O., PANDALAM. 10. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.S.SHANAVAS KHAN FOR R4 TO R9 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.2099/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COMPLAINT DT.4.12.2007 BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE COMPLAINT DT.18.12.2007 BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE RELEVANT PAGES OF FIR. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE REPRESENTATION DT.13.12.2007 PREFERRED BY THE RESPONDENTS BEFORE THE EDUCATION MINISTER. EXT.R4(b): COPY OF THE COMMUNICATION RECEIVED FROM PRIVATE SECRETARY ACKNOWLEDGING THE RECEIPT OF ANNEXURE R4(a). EXT.R4(c): COPY OF THE MASS REPRESENTATION PREFERRED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA. EXT.R4(d): COPY OF THE UNDERTAKING DT.15.10.2007 EXECUTED BY THE MANAGEMENT. EXT.R4(e): COPY OF THE UNDERTAKING DT.17.9.2007 OF PRINCE JOHN, COUNTER SIGNED BY THE MANAGEMENT. ANNEXURES: ANNEXURE -A: COPY OF ORDER DT.25.1.2008 IN W.P.(C) No.2099/2008. ANNEXURE-B: COPY OF COMMUNICATION DT.26.5.2008 FROM THE REGISTRAR, M.G.UNIVERSITY. ANNEXURE-C: COPY OF ORDER DT.7.5.2008 IN I.A.NO.554/2008 IN O.S.NO.233/2008 OF THE VACATION COURT, PATHANAMTHITTA. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No. 2099 OF 2008 ------------------------------------ Dated this the 25th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. This Court passed an interim order in this writ petition on 25.01.2008. Therefore, no further orders are required in this writ petition. But, the respondents 4 and 5 seek a clarification from this Court that, the order passed by this Court will not affect their right to pursue their studies on the strength of Annexure B order passed by the Mahatma Gandhi University. As per that order, the University has directed the College to cancel the transfer certificate issued to them and allowed them to write the University examinations. It is made clear that the police shall not interfere in the dispute regarding the enforcement of Annexure B order. In other words, the police shall not extend any help to the the College to flout Annexure-B order. The College has to workout its remedy before other forums against the said order. With the above clarification, the writ petition is disposed of . (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps