Madras High CourtWP/2212/2016disposed of

Vivekananda College Of Arts v. The District Collector

2016-01-22Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.2212 of 2016 Vivekananda College of Arts & Science for Women, rep. By its Principal, Dr.K.Ramakrishnan, Sirkali.

...Petitioner

1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Sub-Collector, Kutchery Road, Mayiladuthurai.

3. The Superintendent of Police, Nagapattinam District, Nagapattinam.

4. The Deputy Superintendent of Police, Sirkali, Nagapattinam District.

5. The Inspector of Police, Sirkali Police Station, Nagapattinam District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 18.12.2015 in accordance with law and also within the time frame to be fixed by this Court.

For Petitioner : Mr.K.M.Vijayan Associates For Respondents: Mr.P.Sanjay Gandhi, Addl. Government Pleader

O R D E R

This petition has been filed to direct the respondents to consider the representation of the petitioner dated 18.12.2015 in accordance with law and also within the time frame fixed by this Court.

2. The petitioner College is functioning in Survey Nos.5/1B, 5/2B, 8/413, 12/1, 13/1, 13/2, 13/3,13/4, 15/2, 15/1, 15/3, 15/4, 15/5, 15/6, 16 and 17/2 in Ward No.B, Block No.19 within the Sirkali Town. Moreover, the College is functioning with affiliation by the Bharathidhasan University with all necessary approvals. For the past three years, the College has been receiving many complaints from the students about the nuisance, abuse, teasing etc. by the rowdy elements and in that aspect, the College has been taking necessary steps to provide adequate protection to the women students but taking advantage of the area, in which, the College is functioning, it is not possible for the College to give adequate protection at every place. Most of the students are from economically backward family.

They come to College by bus or by walk and it is not practically possible to give security at every place. In addition to the above problem, the rowdy elements are misusing the campus at night hours and on one occasion, the State Human Rights Commission directed the 3rd respondent to look into the matter and take necessary action and also the 2nd respondent directed the 4th respondent to give adequate protection to the women students. The complaints received from the students were also forwarded to the concerned authorities on various occasions i.e., 22.8.2014 , 28.08.2014 to the respondents but till date no action was taken. Finally, a representation was given by the petitioner on 18.12.2015 to the respondents to provide police protection, but the same was also not considered so far. Hence, the present petition has been filed.

3. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the submissions made on either side, this Court directs the petitioner to give a copy of the representation dated 18.12.2015 along with a copy of this order to the 3rd respondent and the on receipt of the same, the 3rd respondent is directed to pass a positive order to provide

police protection to the petitioner college by imposing necessary conditions. The writ petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsi To