IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 23377 of 2009(S) ------------------------------------ PETITIONER: ------------------ PREMSON PAUL MANJAMATTOM, GENERAL SECRETARY, KERALA YOUTH FRONT (JACOB) RESIDING AT MANJAMATTATHIL HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. GOVERNMENT SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADERSRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23377 OF 2009-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.1102/05 DATED 24.6.05 ISSUED FROM THE HIGHER EDUCATION DEPARTMENT. EXT.P1(A) TRUE COPY OF THE ENGLISH VERSION OF THE EXHIBIT P1 GOVERNMENT ORDER EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 17.12.2007 SUBMITTED BEFORE THE GOVERNMENT AUTHORITIES EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 6.7.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(A) TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.346/05/H.EDN. DATED 01.03.2005 EXT.R1(B) TRUE COPY OF THE LIST OF SUCH INSTITUTIONS. / TRUE COPY / S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.23377 of 2009 ------------------------------------------ Dated this the 3rd day of November, 2009 JUDGMENT A.K.Basheer, J. Petitioner is stated to be the State General Secretary of Kerala Youth Front (Jacob), a political youth organization functioning within the State. According to the petitioner, the main objective of the organization is to bring in development in social, cultural and political fields among the youth. 2. The main prayer in this public interest litigation is to issue a writ of mandamus or such other appropriate writ, order or direction to the respondents to effectively implement Ext.P1 Government order by appointing surprise inspection squads to check its implementation and to take stringent actions against its violators in accordance with law. 3. When this writ petition came up for consideration on August 17, 2009, an interim direction was issued by this Court directing the respondents to file an affidavit with regard to certain W.P.(C) No.23377 of 2009. - 2 - enumerated aspects and the alleged misuse of mobile phones in educational institutions. 4. In response to the above direction, respondents 1 and 2 have filed an affidavit indicating the action taken in the matter in implementation of Ext.P1 order. It is further stated that a Cyber Cell under the Kerala Police is keeping a close vigil and watch over the abuse/misuse of mobile phones. We do not propose to refer to the various steps taken by the Government in this regard. Though the petitioner takes exception to the inadequacy of the governmental action in the matter, he submits that implementation will be more effective if Universities and all educational institutions are directed to constitute surprise inspection squads to see whether Ext.P1 order is being implemented with all force. 5. Learned Government Pleader submits that the Government will definitely consider the feasibility of the constitution of such squads in the educational institutions. The above submission is recorded. W.P.(C) No.23377 of 2009. - 3 - 6. Having regard to the entire facts and circumstances of the case, we are of the view that this writ petition can be closed taking on record the affidavit filed by the respondents as well as the undertaking given by the learned Government Pleader on behalf of the respondents that feasibility of constitution of surprise inspection squads in the educational institutions will be considered and appropriate action in the matter will be taken without any delay. The writ petition is closed with the above observation. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns