Sree Narayana Institute Of Technology v. District Police Chief

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 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 ------------------------- PETITIONER(S):

----------- SREE NARAYANA INSTITUTE OF TECHNOLOGY, THEEPUPARA P.O., ADOOR PATHANAMTHITTA - 691554 REPRESENTED BY ITS PRINCIPAL.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE SRI.GEORGE A.CHERIAN RESPONDENT(S):

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1. DISTRICT POLICE CHIEF PATHANAMTHITTA - 691 554.

2. DEPUTY SUPERINTENDENT OF POLICE ADOOR, PATHANAMTHITTA.

3. SUB INSPECTOR OF POLICE, ADOOR - 691 523.

4. STUDENTS FEDERATION OF INDIA ADOOR PATHANAMTHITTA - 691 523 REPRESENTED BY ITS SECRETARY.

5. ROSHAN Y.RAJ S/O.Y.REJIMON, ELAVILAYIL PUTHEN VEEDU, VAYALA P.O. PATHANAMTHITTA.

6. SHIRAS SALIM S/O.SALIM, SULFA MANZIL, NEAR PAPER MILL PUNALUR.

7. SREERAJ R S/O.C.P.RAJENDRAN, SURAJ BHAVAN KOODAL P.OPATHANAMTHITTA.

8. MIDHUN MADHU S/O.A.K.MADHU, EDAKKATHU HOUSE THIRUVANVANDOOR, P.OCHENGANNOOR.

9. SREE GANESH S S/O.SURESH G PILLAI, MANACHALLOOR, PATHANAPURAM.

10. RAGEND P.R.

S/O.RAVINDRAN P.R, PLAKASSERIL, KATTILAKKADAVU P.O. KARUNAGAPPALLY - 691524

11. SHEMIN S S/O.SAINUDEEN K, KOTTAKOYIKKAL VADAKKATHIL NEDUMON P.O., EZHAMKULAM - 689 593.

12. VISHNU KUZHIVELIL, STADIUM JUNCTION, KOODAL - 689 693. FOR R5,R7,R8,R9 & 10 ADV. SRI.K.SHAJ & SAJJU.S. BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------- EXT.P-1: TRUE FOUR PHOTOGRAPHS TO SHOW THE BLOCKADE CREATED BY THE OBSTRUCTORS EXT.P-2: TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXT.P-2(A): TRUE ENGLISH TRANSLATION OF EXT.P2 EXT.P-3: TRUE COPY OF THE COMPLAINT DTD 29.10.2014 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT EXT.P-3(A): TRUE ENGLISH TRANSLATION OF EXT.P3 EXT.P-3(B): TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT EXT.P-3(C): TRUE ENGLISH TRANSLATION OF EXT.P3(B) EXT.P-4: TRUE COPY OF THE JUDGEMENT DTD 15.7.2014 IN WPC 17440/2014 ON THE FILES OF THIS HON'BLE COURT. /TRUE COPY/ P.S. to Judge

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.P. (C ) No. 29004 of 2014 - A ....................................................... Dated this the 7th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner, learned Government Pleader as well as the counsel appearing for party respondents.

2.

This Writ Petition has been filed by an Educational Institution which is running Business Management College approved by AICTE. Petitioner's case is that respondent Nos. 2 to 12 who claim to be union leaders have obstructed the functioning of the institution. A direction has been sought in the Writ Petition to respondents 1 to 3 to afford adequate and effective

W.P. (C ) No. 29004 of 2014 - A police protection in the running of the Institution as well as the ingress and egress of the teachers, staff and students of the College without any obstruction or interference from respondents 4 to 12. This Court has already issued an interim order on 5th November, 2014.

2. The learned Government Pleader submits that in view of the interim order adequate protection has been provided and as on date there is no obstruction from respondent Nos. 4 to 12. Accordingly, recording the aforesaid submission, we dispose of this Writ Petition. However, respondent No. 1 to 3 shall ensure that no obstruction is created by private respondents 4 to 12 in running of the institution as well as the ingress and egress of the teachers, staff and students of the Institution. Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/