Citation : 2024 Latest Caselaw 9802 Ker
Judgement Date : 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 21768 OF 2016
PETITIONERS:
1 VELLAPALI NATESAN
MANAGER, S.N.COLLEGES, SN TRUST OFFICE KOLLAM.
2 PRINCIPAL
SREE NARAYANA COLLEGE, KOLLAM.
BY ADVS.
SRI.A.N.RAJAN BABU
SRI.A.R.EASWAR LAL
SRI.P.GOPALAKRISHNAN MVA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.
2 DIRECTOR GENERAL OF POLICE (LAW AND ORDER)
POLICE HEAD QUARTERS, VAZHUTHAKADU, TRIVANDRUM.
3 COMMISSIONER OF POLICE
CITY POLICE, KOLLAM.
4 SUB INSPECTOR OF POLICE
CHATHANOOR POLICE STATION, CHATHANOOR, KOLLAM.
5 ANANDU ANIL
SFI UNIT SECRETARY 2ND SEMESTER B.COM STUDENT
(ADMISSION NO. 11919), S.N COLLEGE KOLLAM,
RESIDING AT THEERTHAM, KUZHIMATHIKODU P.O,
KOLLAM - 691 509.
W.P.(C) No.21768/2016
-:2:-
6 NOUFAL
SFI, AREA COMMITTEE MEMBERS 2ND SEMESTER B.COM
STUDENT, S.N.COLLEGE, KOLLAM,
RESIDING AT NOUFAL MANSON,
THAZHAM NORTH CHANTHANOOR.
7 ANOOP M
2ND SEMESTER B.A HISTORY, S.N.COLLEGE CHATHANOOR,
KOLLAM, AMAL NIVAS, THAZHAM, CHATHANOOR P.O.,
KOLLAM.
BY ADVS.
SRI.T.B.HOOD
SMT.M.ISHA (FOR RESPONDENT NOS.5, 6 & 7)
SRI. BINOY DAVIS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.21768/2016
-:3:-
JUDGMENT
This writ petition was filed in the year 2016 seeking the following reliefs:
1. "To declare that the Sree Narayana College, Chathanoor has the right to prohibit political activities of students within the college campus and forbid students from organizing or attending meeting other than the officials ones within the college campus.
2. To direct the respondents 2 to 4 to implement Exhibit P5 and P6 judgment of this Honourable Court in Sree Narayana College, Chathanoor.
3. To issue a writ of mandamus directing respondents 5 to 7 restraining the SFI and their associate students or any other political party and their associate students or anybody on their behalf from preferring any kind of political activity within Sree Narayana College, Chathanoor.
4. To grant such other relief deems fit in the circumstances of the case".
2. The issue raised in this writ petition appears to be
covered in favour of the petitioners by the judgment of a
Division Bench of this Court in Antony Thomas (Dr.) v.
V. M. Muhammed Rafique and Others; 2017 (5) KHC
215.
Having regard to the law laid down in the aforesaid
judgment, the interim order dated 28-06-2016 is made
absolute and the writ petition is closed. Since respondent
Nos.5, 6 and 7 are no longer students of the College, no
orders are issued against them.
Sd/-
GOPINATH P.
ats JUDGE
APPENDIX OF WP(C) 21768/2016
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER NO. 2/SNT/2210
DT. 03.12.14.
EXHIBIT P2 A TRUE COPY OF THE WRITTEN DEMAND OF 5TH
RESPONDENT.
EXHIBIT P2(A) A TRUE COPY OF THE WRITTEN DEMAND OF 5TH
RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE COMPLAIN SUBMITTED BY
RESHNA SALIN DT. 21.6.2016.
EXHIBIT P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY
2ND PETITIONER BEFORE THE 3RD RESPONDENT DT. 22.6.16.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN SOJAN FRANCIS VS. MG UNIVERSITY 2003 KHC 458. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN MANAGER SNM COLLEGE VS. S.I OF POLICE 2007(1) KHC 9. EXHIBIT P7 A TRUE COPY OF THE ORDER IN WPC NO.
10254/2014.
EXHIBIT P8 A TRUE COPY OF THE ORDER IN WPC NO.
32540/15.
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