Mes Ponnani College v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 --------------------------- PETITIONER :
---------------- MES PONNANI COLLEGE AGED 48 YEARS P.O. PONNANI SOUTH, PIN - 679 586 REPRESENTD BY ITS PRINCIPAL, PROF.A.M. RASHEED. BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.KANDAMPULLY RAHUL SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENTS :
-------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. UNIVERSITY OF CALICUT, THENHIPALAM, REPRESENTED BY ITS REGISTRAR- 679 586.
3. THE SUB INSPECTOR OF POLICE, PONNANI, MALAPPURAM - 679 586.
4. STUDENTS FEDERATION OF INDIA, M.E.S PONNANI COLLEGE UNIT REPRESENTED BY ITS SECRETARY, SAJID SULAIMAN N.V 2ND B.SC CHEMISTRY, RESIDING AT NADAYANGAL VALAPPIL SADIQ MANZIL, THANDI LANE, NOUPPARAMBU -679 573.
5. KERALA STUDENTS UNION, M.E.S PONNANI COLLEGE UNIT REPRESENTED BY ITS SECRETARY, MUHAMMED FAIZAL C. IST B.SC CHEMISTRY, RESIDING AT CHAVAKKADU KARANTE P.O. PONNANI SOUTH, MALAPPURAM -679 586.
------------------------------
6. MUSLIM STUDENTS FEDERATION, M.E.S PONNANI COLLWEGE UNIT REPRESENTED BY ITS PRESIDENT, SHABHAN C., IST B.B.A RESIDING AT CHERUKULATHIL HOUSE KANHIRAMUKKU - 679 584.
7. SAJID SULAIMAN S/O. SULAIMAN N.V., CHAVAKKADU KARANTE P.O. PONNANI SOUTH, MALAPPURAM - 679 586.
8. SHAFEEQ P. PARAMBIL, S/O. MOHAMMED KUTTY, PARAMBIL HOUSE P.O. PONNANI SOUTH, MALAPPURAM - 679586.
Addl. 9. THE CIRCLE INSPECTOR OF POLICE , PONNANI. Addl.10. THE DISTRICT POLICE CHIEF, MALAPPURAM. (ADDL.R9 AND R10 ARE IMPLEADED AS PER ORDER DATED 10.04.2015 IN IA 5241/15).
R1, R3, R9 & R10 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAMKUMAR R2 BY SRI.SANTHOSH MATHEW,SC,CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
------------------------------- APPENDIX PETITIONER'S EXHIBITS :
------------------------------ EXHIBIT-P1-TRUE COPY OF THE NOTICE OF SUSPENSION DATED 04/11/2014, SUSPENDING FOUR STUDENTS OF THE 4TH RESPONDENT UNION, PUBLISHED IN THE NOTICE BOARD BY THE PETIITONER COLLEGE. EXHIBIT-P2-TRUE COPY OF THE COMPLAINT DATED 14/02/2015 ALONG WITH ITS ENGLISH TRANSLATION SUBMITTED BY THE PRINCIPAL. EXHIBIT-P3-TRUE COPY OF THE COMMISSION OF ENQUIRY REPORT SUBMITTED BEFORE THE PRINCIPAL OF THE COLLEGE ON 03/03/2015. EXHIBIT-P4-TRUE COPY OF THE REPRESENTATION DATED 15/02/2015, SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT-P5-TRUE COPY OF THE RELEVANT PAGES OF THE ACADEMIC CALENDAR AND STUDENTS HANDBOOK 2014-15.
RESPONDENTS' EXHIBITS :
------------------------------ NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7487 OF 2015 and I.A. No. 5242 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner as well as learned Government Pleader.
2. This writ petition has been filed by the petitioner seeking police protection. Learned Government Pleader submits that the petitioner-institution opened on 01.06.2015 and there was neither any strike nor any action of obstruction and as on date there is no cause of action for the petitioner to seek police protection.
Recording the aforesaid submission, we close the Writ Petition with liberty to the petitioner to take such steps in accordance with law, as and when cause of action arises. Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/02/06