IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 31953 of 2010(T) -------------------------- PETITIONER(S): ---------------------- 1. MANAGER, ST.THOMAS COLLEGE, RANNI. 2. PRINCIPAL, ST.THOMAS COLLEGE, RANNI. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, RANNI POLICE STATION - 689672. 2. THE CIRCLE INSPECTOR OF POLICE, RANNI POLICE STATION - 689672. 3. STUDENTS FEDERATION OF INDIA (SFI), REP. BY ITS TALUK SECRETARY, BENJAMIN JOSE JACOB, PARAYIL HOUSE, THALACHIRA P.O., PATHANAMTHITTA DISTRICT-689664. 4. KERALA STUDENTS UNION (KSU), REP. BY ITS TALUK PRESIDENT, PRAMOD MANNAMARUTHY, KULATHUNKAL HOUSE, CHELLAKKADU P.O., RANNI-689677. 5. AKHIL BHARATIYA VIDHYARTHI PARISHAD (ABVP), REP. BY ITS TALUK PRAJARAK, PRASHANTH, SANGH KARAYALAM, AYTHALA P.O., PAZHAVANGADI, RANNI-689672. WP(C).No. 31953 of 2010 6. HARI M.D., UNIT SECRETARY (SFI), KUNNETHARAYIL HOUSE, EDAKULAM P.O., RANNI-689672. 7. BIBIN T.VIJAYAN, THUNDATHIL HOUSE, MAMPARA P.O. - 689711. 8. FEMY MATHEW, UNIT SECRETARY (KSU), MELAYIL HOUSE, KARIKKATTOOR CENTRAL P.O., MANIMALA-686 543. 9. RAYS VARGHESE, KUTHATHAYIL HOUSE, MUKKOOTTUTHARA P.O., ERUMELI-686509. 10. RAJEESH R.NAIR, UNIT SECRETARY(ABVP), CHEENIVILAYIL HOUSE, AYTHALA P.O., PAZHAVANGADI, RANNI-689672. 11. DINESH K.KUMAR, VANIYATHU HOUSE, CHERUKOLI P.O., KOZHENCHERRY-689641. GOVERNMENT PLEADER MR.T.K.VIPINDAS ADV. SRI.S.MANU FOR R10 SMT.K.DEEPA (PAYYANUR) FOR R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 31953 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of circular issued by MG University dated 17.9.2010. Ext.P2 :- Copy of a news item in Malayala Manorama daily dated 24.9.2010. Ext.P3 :- Copy letter dated 23.9.2010 issued by MG University. Ext.P4 :- Copy of paper report in Mathrubhoomi daily dated 30.9.2010. Ext.P5 :- Copy of paper report in Manorama daily and Mangalam daily dated 30.9.2010. Ext.P6 :- Copy of paper report in Mangalam daily dated 30.9.2010. Ext.P7 :- Copy of paper report in Kerala Kaumudi daily dated 30.9.2010. Ext.P8 :- Copy of request from teachers to the management dated 29.9.2010. Ext.P9 :- Copy of letter from 2nd respondent dated 30.9.2010. Ext.P10 :- Copy of letter from 3rd respondent union dated 1.10.2010. Ext.P11 :- Copy of letter from 4th respondent union dated 27.9.2010. Ext.P12 :- Copy of letter dated 4.10.2010 from the 2nd petitioner to the 2nd respondent. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. ----------------------------------------------- W.P.(C) No.31953 of 2010 ----------------------------------- Dated this the 28th day of October 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs :- “i. a Writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 & 2 to provide adequate protection to the life and property of the students and staff of St.Thomas College, Ranni and render necessary assistance so as to prevent outsiders from entering the college campus and also to prevent the attempt of the respondents 3 to 11 and their allies to perform any kind of political activity within the college campus including disrupting of classes by any way of agitation, force and threatening of students and staffs of the college to boycott classes. ii. a Writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 & 2 to provide adequate protection to the movable and immovable properties of St.Thomas College, Ranni. iii. A Writ of Mandamus or any other appropriate writ, W.P.(C) No.31953 of 2010 -: 2 :- order or direction commanding the respondents 1 & 2 to take immediate action on Exts.P12 complaint preferred by the 2nd petitioner.” 2. Briefly put, the case of the petitioners is as follows:- 1st petitioner is the Manager of an aided college. Respondents 3 to 5 are student organizations. Due to violent activities of respondents 3 to 11, campus politics was banned in the college with effect from 30.9.2010. Election to the college union scheduled on 1.10.2010 was also cancelled. Under the guise of protest against banning politics in the college and cancelling election, respondents 3 to 11 and with the aid of outsiders are illegally conducting demonstrations within the college campus and are forcefully preventing teachers and students from entering the campus. Accordingly classes in the college are disrupted. There is also massive destruction of college property. There is every probability of occurrence of physical violence also. Counter affidavit is filed by the 10th respondent. 3. We heard the learned counsel appearing for the 10th W.P.(C) No.31953 of 2010 -: 3 :- respondent and the learned Government Pleader. It is submitted by the learned Government Pleader and counsel for the respondent that as of now there is no problem. In this circumstance, we dispose of this writ petition recording the submissions made by the parties and further direct that in case the petitioners brings to the notice of the 1st respondent of any obstruction made by the party respondents against willing students and teachers who want to enter the college, effective action shall be taken by them in accordance with law. K.M.JOSEPH, JUDGE. M.C.HARI RANI, JUDGE. Jvt