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Madras High CourtWP(MD)/3461/2020allowed

Khadir Mohideen College v. The Superintendent Of Police

2020-03-05Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.3461 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3461 of 2020 Khadir Mohideen College, Adirampattinam 614 701, Thanjavur District rep., by its The Principal A.Mohamed Mohideen ... Petitioner Vs.

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second and third respondents herein to provide adequate police protection to Centenary Celebrations of Kalvi Thanthai Haji S.M.S.Shaik Jalaludeen, Founder, Khadir Mohideen College, Adirampattinam, Thanjavur District from 05.03.2020 to 23.03.2020 and further direct the respondents to take necessary action as against the protesting students by considering the petitioner's representation dated 05.02.2020 within the time limit stipulated by this Court.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.M.Ananthadevi Government Advocate (Crl.side)

O R D E R

The petitioner is a College located at Adirampattinam. They propose to have their Centenary Celebration from 05.03.2020 to 23.03.2020. The petitioner wants the respondents to provide police protection to enable them to conduct their function in a smooth manner. It appears that a section of the students are now in hunger strike inside the College campus. The petitioner apprehends that the celebrations may be marred by such protest. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3461 of 2020 2.The third respondent has filed a counter affidavit and he has clearly stated that they are ready to provide adequate police protection outside the campus. The third respondent has expressed his apprehension that if the police protection is given inside the campus, it may send a wrong signal. Certain serious apprehensions have also been set out in the counter affidavit filed by the third respondent.

3.I am in full agreement with the contention advanced by the learned Government counsel. But, it is seen that on 15.03.2020 two former Judges of this Court (Hon'ble Mr.Justice.K.N.Basha and Hon'ble Mr.Justice.P.Bhaskaran) are to take part. I am therefore of the view that even though the petitioner has asked for police protection for a period from 05.03.2020 to 23.03.2020, the third respondent can be directed to provide police protection even inside the College campus so as to ensure the smooth conduct of the programme to be held on 15.03.2020. The petitioner of course will have to bear the cost of providing such police protection on the said date.

4.With the above directions, the Writ Petition is allowed. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) rmk To

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

+1 CC to Mr.M.JEGADEESHPANDIAN, Advocate ( SR-10423[F] dated 06/03/2020 ) W.P.(MD)No.3461 of 2020 05.03.2020 MK (11.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2