Petitioner sought police protection for CCTV installation. Respondents students argued money wasted without basic facilities. Affidavit confirmed facilities provided. Court held students cannot interfere with Principal's decision.
Writ Petition allowed; police protection to be afforded for installation of CCTV cameras as decided by Principal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941
WP(C).No.3689 OF 2019(I)
PETITIONER:
NSS COLLEGE NEMMARA, REPRESENTED BY ITS PRINCIPAL,NEMMARA COLLEGE.P.O,PALAKKAD-678508.
BY ADV. SRI.V.VIJULAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM-695001.
3 DISTRICT POLICE CHIEF, OFFICE OF DISTRICT POLICE CHIEF, PALAKKAD-678001.
6 SUB INSPECTOR OF POLICE, NEMMARA POLICE STATION,NEMMARA-678508.
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BY ADVS. SRI.RAJESH SIVARAMANKUTTY SMT.K.A.THANU MOL
GOVT. PLEADER SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
K.Vinod Chandran
The petitioner was before this Court seeking police protection for installation of CCTV cameras inside the campus. The party respondents, who are the students, claimed that unnecessary money is expended for installation of CCTV cameras while basic facilities are not provided. Now, an affidavit has been filed by the Principal stating that all the basic facilities have been provided. The party respondents affirm the statement made. We, by an interim order, directed installation of CCTV cameras in the examination hall.
2. The Principal submits that there has to be CCTV cameras installed in the campus at various places, especially to ensure that there is no illegal activities going on. The petitioner has a contention that in one college, the Principal had misused the CCTV footage, by indulging in blackmail, against which there was massive protest. We cannot presume that all Principals will do likewise; nor can the allegations said to have been proved since
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only a newspaper cutting has been produced by the students. As far as the college is concerned, it is the Principal who has the authority to decide on what has to be done. The students cannot interfere with such matters. The issue agitated was only on the ground taken by the party respondents that the basic facilities were not provided. That having been
provided, the Principal would decide on where to install the CCTV cameras. If any obstruction is caused, necessarily protection has to be afforded by the police. The Writ Petition is allowed. No costs.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/V.G.ARUN JUDGE
okb
//True copy// P.S. to Judge
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF ORDER U.O.NO.209/2016/PB DATED 03.05.2016. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF CIRCULAR NO.84175/CDE- E1/2016/ADMN DATED 12.05.2016. |
| EXHIBIT P3 | TRUE COPY OF COMMUNICATION DATED 29.12.2018 ISSUED BY DIRECTOR OF COLLEGE DEVELOPMENT COUNCIL OF UNIVERSITY OF CALICUT. |
| EXHIBIT P4 | TRUE COPY OF PHOTOGRAPHS WHEREBY RESPONDENTS 7 TO 14 ALONG WITH OTHER STUDENTS WRONGFULLY CONFINING THE PRINCIPAL. |
| EXHIBIT P5 | TRUE COPY OF REPRESENTATION DATED 24.1.2019 SUBMITTED BEFORE THE RESPONDENTS 3 TO 6. |
| EXHIBIT P6 | TRUE COPY OF THE GUILDELINES BY U.G.C. |
| EXHIBIT P7 | TRUE COPY OF THE CIRCULAR DATE 12.10.2015 BY DEPARTMENT OF HIGHER EDUCATION. |
| EXHIBIT P8 | TRUE COPY OF THE COMMUNICATION DATED 11.03.2019 FROM STATION HOUSE OFFICER, NENMARA POLICE STATION TO THE PRINCIPAL OF COLLEGE. |
| EXHIBIT P9 | TRUE COPY OF THE COMMUNICATION DATED 11.03.2019 FROM STATION HOUSE OFFICER, NENMARA POLICE STATION TO PRINCIPAL OF COLLEGE TO INSTALL CCTV CAMERA. |
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RESPONDENTS' EXHIBITS:
EXT.R7(A)- TRUE COPY OF THE PHOTOGRAPH OF THE STAGE OF THE WASHROOM
EXT.R7(B)- TRUE COPY OF THE PHOTOGRAPH OF THE STAGE OF THE WASHROOM
EXT.R7(C)- TRUE COPY OF THE PHOTOGRAPH SHOWING THE DISUSED PURIFIER IN THE PETITIONER COLLEGE`
EXT.R7(D)- TRUE COPY OF THE PHOTOGRAPH OF THE STAGE OF THE DISUSED BASKET BALL COURT
EXT.R7(E)- TRUE COPY OF THE PHOTOGRAPH OF THE COLLEGE AUDITORIUM
EXT.R7(F)- TRUE COPY OF THE PHOTOGRAPH OF THE COLLEGE AUDITORIUM
EXT.R7(G)- TRUE COPY OF THE PHOTOGRAPH OF THE CONDITION OF THE PIPES FOR WASHING HANDS AVAILABLE FOR STUDENTS
EXT.R7(H)- TRUE COPY OF THE PHOTOGRAPH OF THE BROKEN CEILING OF THE ROOM ADJOINING THE CANTEEN USED FOR ARTS PURPOSE BY THE STUDENTS
EXT.R7(I)- TRUE COPY OF THE NEWS ITEM APPEARED IN DESHABHIMANI DAILY, KOTTAYAM EDITION, DATED 25.1.2019
2 issues framed by the court
Whether the college Principal alone has the authority to decide on the installation of CCTV cameras without interference from students.
Whether the allegation of lack of basic facilities justifies stopping the installation of CCTV cameras or police protection.
NSS COLLEGE NEMMARA
STATE OF KERALA
DIRECTOR GENERAL OF POLICE
DISTRICT POLICE CHIEF
DEPUTY SUPERINTENDENT OF POLICE
CIRCLE INSPECTOR OF POLICE
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
