Ymca College Of Physical Education v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.18521 of 2019 and Crl.M.P.No.9381 of 2019 YMCA College of Physical Education, No.497, Anna Salai, Nandanam, Chennai - 600 035.
Rep. by its Principal, K.Jothi ... Petitioner Vs.
1.The Deputy Commissioner of Police, Adyar, Chennai.
2.The Inspector of Police, J-1 Saidapet Police Station, Chennai.
3.Dr.George Abraham Ex-Principal, YMCA College of Physical Education, No.497, Anna Salai, Nandanam, Chennai - 600 035.
4.The National Council of YMCAs of India, Rep. by its National President, J.B.Koshy (Chief Justice Retd.,) "Thirpthi", Thirpthi Lane, S.A.Road, Cochin, Kerala - 682 016.
... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 to 3 to provide police protection to the petitioner institution and its principal and its office as stated in the representation dated 05.07.2019.
For Petitioner : Mr.I.Abrar Mohamed Abdullah For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor(for R1 & R2) Mr.V.R.Thangavelu (for R3 & R4)
O R D E R
This Court had already passed an order dated 01.07.2019 directing the police to ensure that no unnecessary law and order problem is created in running the College.
2.The learned Counsel for the petitioner appearing in Crl.O.P.No.18521 of 2019 submitted that a large posse for police is being deployed inside the campus and it is creating a lot of inconvenience in running the College. The learned Counsel further submitted that the order passed by this Court is being mis-used and the counter parties should also have the right to participate in the running of the College and they are prevented from doing their functions.
3.The learned Additional Public Prosecutor on instructions submitted that the respondent police is maintaining only a minimum police force inside the college and it is assured before this Court that the police will not interfere with the inter se dispute on the administration of the college, since it is a matter to be resolved before the Delhi High Court where the dispute is pending. The police will only ensure that there is no law and order problem created in the campus. Beyond this, the police will not interfere in the administration or in the running of the day-to-day affairs of the College. 4.
The learned Counsel appearing on behalf of the 3rd respondent submitted that the administration of the College has already been decided by the order passed by the Delhi High Court and the petitioner has absolutely no right to maintain this petition and if at all he claims any right, he should approach the Delhi High Court and seek for appropriate directions. 5.Taking into consideration, the facts and circumstances of the case and the submissions made by the Counsel appearing for either side, this Court makes it clear that the respondent police will not interfere with the running of the day-to-day affairs of the College or with the functioning of the College and the respondent police shall maintain a minimum police force and ensure that no law and order problem is created inside the College campus.
This order is confined only to that effect. The inter se dispute between the parties shall be resolved only before the Delhi High Court where the suit is pending.
6.This Criminal Original Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar jas/vs To 1.The Deputy Commissioner of Police, Adyar, Chennai.
2.The Inspector of Police, J-1 Saidapet Police Station, Chennai.
3.The National President, The National Council of YMCAs of India, J.B.Koshy (Chief Justice Retd.,) "Thirpthi", Thirpthi Lane, S.A.Road, Cochin, Kerala - 682 016.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.V.R.Thangavelu, Advocate SR.No.59010 Crl.O.P.No.18521 of 2019 and Crl.M.P.No.9381 of 2019 SSV(CO) GMY(15/07/2019)