N.Prakash v. K.G.James Ips

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 Con.Case(C).No. 90 of 2014 --------------------------------------- JUDGMENT DATED 18.12.2012 IN WP(C) 17148/2012. ...........

PETITIONER:

------------------- N.PRAKASH, AGED 48 YEARS, S/O.A.NARAYANA RAO, 3RD SEMESTER (5 YEAR) LL.B., GOVERNMENT LAW COLLEGE, ERNAKULAM, RESIDING AT PRAJITH VIHAR, AYINI ROAD, MARADU P.O., ERNAKULAM-682304.

BY ADV. N.PRAKASH (PARTY-IN-PERSON) RESPONDENT(S):

-------------------------

1. K.G.JAMES IPS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM-682011.

2. V.VIMAL, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM-682018.

3. NOBEL KUMAR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, 5TH SEMESTER (5 YEAR) LL.B., GOVERNMENT LAW COLLEGE, ERNAKULAM-682011, UNIT PRESIDENT, KERALA STUDENTS UNION, GOVERNMENT LAW COLLEGE UNIT, GOVERNMENT LAW COLLEGE, ERNAKULAM-682011.

4. DR.K.M.ABRAHAM, IAS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA, TRIVANDRUM-695 001.

R1, R2 & R4 BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

Con.Case(C).No. 90 of 2014 --------------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE A1 :

THE CERTIFIED COPY OF THE JUDGMENT IN W.P.C.NO.17148 OF 2012 DATED 18.12.2013 OF THIS HON'BLE COURT. ANNEXURE A2 :

TRUE COPY OF THE ORDER OF THE STAFF COUNCIL, GOVERNMENT LAW COLLEGE ERNAKUALAM BEARING NO.C/MISC-1/14 DATED 22.1.2014 SUSPENDING THREE STUDENTS OF THE COLLEGE WHICH IS THE REASON FOR THE STRIKE BY THE THIRD RESPONDENT.

RESPONDENT'S ANNEXURES:

- NIL ------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

ASHOK BHUSHAN, Ag.C.J.

& A.M. SHAFFIQUE, J.

================================ Cont.Case (C). No. 90 of 2014 ================================= Dated this the 11th day of February, 2015

JUDGMENT

A.M.Shaffique, J.

Petitioner has approached this Court complaining of willful contempt. It is contended that directions had been issued by this Court in judgment dated 18.12.2013 in WP (C) No.17148 of 2012 directing the police to take appropriate action to prevent the illegal activities of the Students' Union within the college campus. There was incidents on 20th and 22nd January, 2014, by which a faction of students went on strike, though police officers were presented in the campus of the college, no action has been taken to ensure functioning of the college. 2.

Affidavit has been filed by the 4th respondent inter alia stating that sufficient police force had been deployed in the campus, where the strike being

-2Cont.Case (C). No. 90 of 2014 conducted by certain faction of students. The police force was withdrawn only after getting intimation from the Principal that there is no necessity for police force to remain in the campus. Since appropriate action had already been taken by the police in the matter, we do not find, this is a case in which willful contempt has been committed by the respondents.

Accordingly, this contempt case is closed.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE das