Met Arts & Science 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 MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WP(C).No. 31808 of 2015 (A) ---------------------------------------- PETITIONER(S):
----------------------- M. E.T. ARTS & SCIENCE COLLEGE, NADAPURAM, P.OP.KALLACHI, KOZHIKODE, KERALA, REPRESENTED BY ITS PRINCIPAL.
BY ADVS.SRI.P.V.SREENIVASAN SRI.K.A.SREEJITH RESPONDENT(S):
------------------------- 1.
STATE OF KERALA, REPRESENTED BY HOME SECRETARY, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2.
DISTRICT SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, VADAKARA - 673 101.
3.
SUB INSPECTOR OF POLICE, NADHAPURAM, PIN 673 506.
4.
SIDDHIQE K.M., S/O.AMMED KULIRMAVIL HOUSE, PERODE, NADHAPURAM - 673 506.
5.
MUHAMMED, S/O.KUNJHALAVI, VAZHAKAVIL HOUSE, PERODE, NADHAPURAM - 673 506.
6.
NIVAS T.V.K., S/O.MOIDU HAJI, VAZHAKAVIL HOUSE, PERODE, NADHAPURAM - 673 506.
R1-R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 31808 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
-------------------------------------- EXT.P1: THE TRUE COPY OF COMPLAINT SUBMITTED BEFORE PETITIONER BY MOHEMMED IRSHAD.
THE TRUE COPY OF TRANSLATION OF EXT.P1.
EXT.P2: THE TRUE COPY OF FORWARDING LETTER ISSUED THIS PETITIONER TO C.I. OF POLICE, NADAPURAM.
EXT.P3: THE TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO.697/2015. THE TRUE COPY OF TRANSLATION OF EXT.P3.
EXT.P4: TRUE COPY ENQUIRY REPORT DTD.17.9.2015. EXT.P5: THE TRUE COPY OF THE PROCEEDINGS OF THE PETITIONER. EXT.P6: THE TRUE COPY OF COMPLAINT SUBMITTED BY STUDENTS TO PETITIONER.
THE TRUE COPY OF TRANSLATION OF EXT.P6.
EXT.P7: TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO.765/2015. THE TRUE COPY OF TRANSLATION OF EXT.P7.
EXT.P8: THE TRUE COPY OF THE PROCEEDINGS OF THE PETITIONER. THE TRUE COPY OF TRANSLATION OF EXT.P9.
EXT.P9: THE TRUE COPY OF PAPER REPORTS PUBLISHED IN LEADING DAILIES. THE TRUE COPY OF TRANSLATION OF EXT.P9.
EXT.P10: THE TRUE COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE 2ND AND 3RD RESPONDENTS.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
ASHOK BHUSHAN, C.J.
& A.M. SHAFFIQUE, J.
================ W.P. (C) No. 31808 of 2015 ================== Dated this, the 19th day of October, 2015
J U D G M E N T
Shaffique, J.
Petitioner is running a College and has approached this Court seeking police protection. It is contended that respondents 4 to 6 were involved in ragging and necessary disciplinary action has been taken by the College against them, which had prompted them to obstruct the functioning of the College. Three crimes have been registered against them under the Kerala Prohibition of Ragging Act. It is to seek vengeance in regard to the filing of complaints that obstruction is being caused and the Principal and Professors of the College are being threatened by respondents 4 to 6.
2.
Learned State Attorney on instructions would submit that the petitioner has approached this Court only on account of an apprehension. Already crimes have been registered and police patrolling has been going on in the area on account of the area
W.P(C) No.31808/15 -:2:- being very sensitive. That apart, the functioning of the College has not been disturbed so far and no untoward incident had been reported after the crimes were registered.
Having regard to the aforesaid submission, we are of the view that this writ petition can be disposed of permitting the petitioner to approach the police, if any untoward incident occurs and if the functioning of the College is disturbed by respondents 4 to 6 or their men, police shall look into the matter and do the needful.
(sd/-) ASHOK BHUSHAN, CHIEF JUSTICE (sd/-) A.M. SHAFFIQUE, JUDGE True Copy PS to Judge Rp 19/10/2015