Allowed

Sainulabdeen.a. v. the Superintendent of Police (Rural)

Kerala HC4 Apr 2013WP(C)/6603/2013

Case brief

AI extract

What is this about?

The High Court of Kerala made an interim order in a writ petition seeking police protection for an engineering college and its staff against threats by students and strangers. The court disposed of the petition by making the interim order absolute and directing protection as required.

What did the court decide?

The interim order directing respondents 3 and 4 to render adequate police protection to the life of the students and employees was made absolute.

Sainulabdeen.a. Vs the Superintendent of Police (Rural) — Service and Employment | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.M.JOSEPH &

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935

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WP(C).No. 6603 of 2013 (A)

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PETITIONER :

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SAINULABDEEN A., CHAIRMAN, TRAVANCORE ENGINEERING COLLEGE, ROADVILA CHERIYAVELINALLOOR, KOLLAM DISTRICT.

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BY ADVS.SRI.O.D.SIVADAS

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SRI.S.SHAJI

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RESPONDENT(S) :

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1. THE SUPERINTENDENT OF POLICE (RURAL) THE OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL) KOTTARAKKARA, KOLLAM DISTRICT.

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2. THE DEPUTY SUPERINTENDENT OF POLICE THE OFFICE OF THE DY. SUPERINTENDENT OF POLICE KOTTARAKKARA, KOLLAM DISTRICT.

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3. THE CIRCLE INSPECTOR OF POLICE EZHUKON POLICE STATION, KOLLAM DISTRICT.

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4. THE SUB INSPECTOR OF POLICE POOYAPPALLY POLICE STATION, POOYAPPALLY P.O., KOLLAM DISTRICT.

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5. JUVINE S.

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AD. NO.09306, 8TH SEM.EEE, S/O. SAIFUDEEN M. THEKKEMUNJANADU, MANAYIL KULANGARA, TNRA-13 KOLLAM DISTRICT-691012.

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6. JEEVAK MATHEW VARGHESE A.D.NO. 10260, 6TH SEM.EEE, S/O. VARGHESE MATHEW PLAMKALAYIL HOUSE, PAZHAVANGADI P.O., RANNI.

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...2/-

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WP(C).No. 6603 of 2013 (A) -2-

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7. SACHIN SALIM AD.NO. 09170, 8TH SEM. ECE S/O. SHAHINA M. SALEEH, KUNNATHU HOUSE CHERUKULAM P.O., CHUNDA-691360.

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8. BONIKISHORE B.

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AD.NO. 10168, 8TH SEM. CE, S/O. BALAN K.P. PRIYA, MANIYUR P.O., PAYYOLI CALICUT-673623.

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*9. ANWARSHAW S. AD.NO. 09133, 8TH SEM.ECE, S/O. SAINULABDEEN A. ANALISSERIL HOUSE, KEERIKKADU SOUTH, KAYAMKULAM P.O. ALAPPUZHA-690502. (DELETED)

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10. VISHNU SATHEESH AD.NO. 09238, 8TH SEM.CSE, S/O. C.SATHEESH USHUS, KOVILMUKKU, PERUMPUZHA P.O., KESALAPURAM, KOLLAM-691504.

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*DELETED AS PER ORDER DATED 20/3/2013 IN IA NO. 4424/2013.

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R1 TO R4 BY GOVT. PLEADER SRI. M.K. ABOOBACKER R5 TO R8 BY ADVS. SRI.SAJEEVAN KURUKKUTTIYULLATHIL SRI.RAVI KRISHNAN R9 BY ADV. SRI.T.S.HARIKUMAR R10 BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...3/-

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WP(C).No. 6603 of 2013 (A)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1TRUE COPY OF THE NOTICE DATED 19-02-2013 ISSUED BY THE PRINCIPAL OF THE COLLEGE.

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EXHIBIT P2TRUE COPY OF DECISION OF THE MANAGEMENT COMMITTEE OF THE TRAVANCORE EDUCATION SOCIETY DATED 20-02-2013.

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EXHIBIT P3TRUE COPY OF THE LETTER OBTAINED BY MANHANDLING FROM THE PRINCIPAL OF THE COLLEGE DATED 28-02-2013.

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EXHIBIT P4TRUE COPY OF MINUTES OF THE MEETING OF THE ACADEMIC COUNSEL OF THE COLLEGE DATED 04-03-2013.

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EXHIBIT P5TRUE COPY OF THE INTERIM ORDER DATED 16-08-2012 IN WPC 19414/2012.

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EXHIBIT P6TRUE COPY OF JUDGMENT DATED 06-09-2012 IN WPC NO. 19414/2012. EXHIBIT P7TRUE COPY OF THE COMPLAINT MADE AGAINST THE RESPONDENTS NO. 5 TO 10 BEFORE THE RESPONDENTS 1 TO 4 DATED 02-03-2013.

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EXHIBIT P8TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 02-03-2013.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

K.M.JOSEPH & K.RAMAKRISHNAN, JJ.

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-----------------------------------------------------------W.P.(C) No.6603 of 2013 ----------------------------------------Dated, this the 4^th day of April, 2013

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J U D G M E N T

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K.M.Joseph, J.

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Petitioner has approached this Court seeking the following

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reliefs:

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“i) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents 1 to 4 to render necessary police assistance and protection to the life of the students and employees in the petitioner's educational institution and the properties of the college also as early as possible. ii) direct the 1 to 4^th respondents to take action on Ext.P7 as expeditiously as possible and further direction to the 4^th respondent to restrain the 5 to 10 respondents and their henchmen from making anti social activities in the college premises and to ensure peaceful academic atmosphere in the college. iii) issue direction to the 1 to 4^th respondents to

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W.P.(C) No.6603 of 2013

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take action against the 5 to 10^th respondents on the basis of Ext.P7 and take prosecution steps against the strangers who threatened and manhandled the Principal of the college and demanding Rs.15 lakhs by making Ext.P3.”

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Briefly put, the case of the petitioner is as follows:

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Petitioner is the chairman of the managing committee of the

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Travancore Engineering College. Respondents 5 to 10 are B.Tech students in the petitioner's college, who are engaging in antisocial activities with the help of strangers. They are regularly organizing the college students and conducting unwarranted strikes for unnecessary demand. Now they constituted Tec Fest Committee with strangers and demanding Rs.15 lakhs from the college management for conducting festival in the college. Since the series tests and University examinations also are scheduled, the college authorities are unable to grant permission to conduct such festivals during the time of examination. But respondents 5 to 10 and their men started threatening the staff and trespassed into the office room of the Principal of college on 28.2.2013 and started kherao and picketing and forced him to put his signature in Ext.P3 which has given assurance by the Principal to give Rs.15 lakhs to the leaders and to respondents 5 to 10. Their demand for Rs.15 lakhs is illegal and the

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W.P.(C) No.6603 of 2013 3

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management has not collected any amount from the students for this purpose. But either the academic council or the college authorities has not given permission to conduct the proposed Tec Festival in the college campus during the time of examinations. On 28.2.2013, 4.3.2013 and 6.3.2013 they are making obstructions for conducting the classes and examinations and destroyed the college articles. The Principal, students and employees are facing threatening from respondents 5 to 10 and their men. Though Ext.P7 along with Ext.P5 and Ext.P6 is filed seeking police protection no action has been taken by respondents 1 to 4. Hence, the petition.

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We have already passed the following interim order.

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“There will be an interim order directing respondents 3 and 4 to render adequate police protection to the life of the students and employees in the petitioner's educational institution as against any threat or obstruction from respondents 5 to 10 for a period of ten days.”

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We heard the learned counsel for the parties. We see no reason why we should not make the interim order absolute. Accordingly,

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W.P.(C) No.6603 of 2013

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we dispose of the writ petition making the interim order absolute and direct

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that protection as ordered will be given as and when required.

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(K.M.JOSEPH) JUDGE.

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( K.RAMAKRISHNAN) JUDGE.

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Sainulabdeen.a. v. the Superintendent of Police (Rural)

Case brief

What is this about?

What did the court decide?

Sainulabdeen.a. v. the Superintendent of Police (Rural)

Case brief

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What did the court decide?

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