N.S.S. College, Nenmmara vs State Of Kerala
2021 Latest Caselaw 21418 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                        WP(C) NO. 23038 OF 2021
PETITIONERS:

    1     N.S.S. COLLEGE, NENMMARA, REPRESENTED BY ITS PRINCIPAL,
          NEMMARA P.O., PALAKKAD-678508.

    2     DR. JYOTHYLEKSHMI, PRINCIPAL, N.S.S. COLLEGE, NEMMARA,
          NEMMARA P.O., PALAKKAD-678508.

          BY ADVS.
          R.T.PRADEEP
          V.VIJULAL
          M.BINDUDAS
          K.C.HARISH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
          SECRETARIAT, GOVERNMENT PRESS POST OFFICE,
          THIRUVANANTHAPURAM-695001.

    2     DIRECTOR GENERAL OF POLICE,
          POLICE HEADQUARTERS, VAZHUTHACAUD, VAZHUTHACAUD P.O.,
          THIRUVANANTHAPURAM-695014.

    3     DEPUTY SUPERINTENDENT OF POLICE,
          OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, COURT ROAD,
          ALATHUR P.O., PALAKKAD-678541.

    4     STATION HOUSE OFFICER,
          NEMMARA POLICE STATION, NEMMARA P.O., PALAKKAD-678508

          SRI.E,C,BINEESH GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23038 OF 2021
                                       2


                                 JUDGMENT

The NSS College, Nenmmara and its Principal have

approached this Court alleging that certain students and

persons from outside are trying to disturb the tranquility of

the College, by installing politically motivated flags,

hoardings and writings on various parts of the campus,

including its walls.

2. The petitioners say that the College is following the

Green Protocol, but that in flagrant violation of the same,

some of the students and outsiders appear to breach peace,

even though the College does not permit the exercise of

political rights within its campus, in terms of the applicable

Circulars and Orders banning it. They say that, however,

since the conduct of some of the students became

uncontrollable, they were constrained to approach the fourth

respondent through Ext.P1 seeking protection; but that no

action was taken thereon, thus having constrained them to

approach this Court through this writ petition.

3. The learned Government Pleader, Sri.E.C.Bineesh,

submitted that pursuant to the interim order of this Court

dated 25.10.2021, there have been no untoward incidents in

the College and that the police are keeping a constant vigil WP(C) NO. 23038 OF 2021

in the area. He added that as and when the Principal makes

any complaint to the fourth respondent, necessary action

will be taken without any delay.

4. When I evaluate the afore submissions, there can be

no doubt that it is the second petitioner - Principal of the

College, who is responsible for the discipline and decorum

therein. She is also in charge over the employees, staff and

students of the College; and obviously it is her duty to

ensure that it functions in a manner befitting an educational

Institution.

5. In the afore circumstances, I am certain that if there

are any violations of law noticed in the College and should

the second petitioner make a complaint to such effect, the

fourth respondent must take action swiftly and quickly,

without causing any delay.

Resultantly, I allow this writ petition and confirm the

interim order dated 25.10.2021; with a consequential

direction to the fourth respondent to act as per my

observations above in future without any reservation.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 23038 OF 2021

APPENDIX OF WP(C) 23038/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF COMPLAINT NIL DATED BY 2ND PETITIONER BEFORE 4TH RESPONDENT.