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2024 Supreme(Online)(KER) 37336
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH WEDNESDAY, THE 10 DAY OF JANUARY 2024 / 20TH POUSHA, 1945 WP(C) NO. 44055 OF 2023 PETITIONERS:
1 BALAN POOTHERI AGED 68 YEARS S/O.CHANDUKUTTY, POOTHERY HOUSE KARIPPUR P.O., KONDOTTY VIA., MALAPPURAM, PIN - 673638.
2 C. MANOJ AGED 52 YEARS S/O.K.P.CHANDRASEKHARAN NAIR, SREE RAMA KRISHNA GURUKULA VIDYA MANDIR HSS, SREEVALSAM (H),PURANATTUKARA P.O,THRISSUR, PIN - 680551.
3 ASWIN RAJ P.M.
AGED 19 YEARS S/O.BABURAJ, BSC BOTANY, ZAMORINS GURUVAYOORAPPAN COLLEGE, CALICUT. S/O. BABURAJ, KOZHIMADAM VEETIL, THAZHAM, PERUMANNA PO, KUTTIKATTOOR, KOZHIKODE., PIN - 673008.
4 HAREESH A.V AGED 40 YEARS S/O.LATE A. GOVINDAN, MAMUPS ARAKKAL UPPER PRIMARY SCHOOL, MALAPPURAM., PIN - 676508.
5 AFSAL SAHEER AGED 30 YEARS S/O.KUNJUMOUHAMMED K.T, EXPERT IN MARTIAL ART OF KERALA KALARI. KOONARITHUMBATH HO, PUKAYOOR, KUNNATH, MALAPPURAM, PIN - 676305. 6 SNEHA C AGED 19 YEARS D/O.GOPINATHA K 6TH SEM, BA ECONOMICS, SREE NEELAKANTA GOVERNMENT SANSKRIT COLLEGE, PATTAMBI, PALAKKAD.
CHORATTUPALATH HOUSE, ELAD (P.O.), CHERUKARA VIA, MUTHUKURUSSI, MALAPPURAM, PIN - 679340.
7 PRAVEEN KUMAR A.R AGED 55 YEARS S/O.RAMAN A.S, CNN BOYS HSS, CHERPU, THRISSUR, ARUMPILLIL HO, KARALAM P.O, THRISSUR, PIN - 680711.
8 ANURAJ A.K AGED 50 YEARS S/O.LATE E.P.K. NAMBIAR, DIRECTOR OF MAHATMA GANDHI COLLEGE OF MASS COMMUNICATION HAVING COLLABORATION WITH JNU AND NIT CALICUT, GEETHAM, HNO. 46, ERANHIPALAM HSG. COLONY, ERANHIPALAM, CALICUT., PIN - 673006.
BY ADV R.V.SREEJITH RESPONDENTS:
1 STATION HOUSE OFFICER THENJIPPALAM POLICE STATION, KORACHANKANDY, THENHIPALAM MALAPPURAM, PIN - 673636.
2 AFSAL SFI STATE JOINT SECRETARY , SFI MALAPPURAM DISTRICT COMMITTEE OFFICE, JUBILEE ROAD, UP HILL, MALAPPURAM, PIN - 676505.
3 K.V. ANURAJ SFI STATE JOINT SECRETARY , SFI MALAPPURAM DISTRICT COMMITTEE OFFICE, JUBILEE ROAD, UP HILL, MALAPPURAM, PIN - 676505.
4 MOHAMMED ALI SHIHAB SFI DISTRICT SECRETARY SFI MALAPPURAM DISTRICT COMMITTEE OFFICE, JUBILEE ROAD, UP HILL, MALAPPURAM, PIN - 676505.
BY ADVS.
K.S.ARUN KUMAR AMRUTHA K P(K/000800/2019)
AMRUTHA P S(K/589/2019)
VIJAY SANKAR V.H.(K/1368/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners assert that they have all been nominated by the Chancellor, University of Calicut, to the Senate of Calicut University. Reference is made to Ext.P1 to substantiate this claim. According to the petitioners, when they attempted to attend the Senate meetings on 21.12.2023, they were physically obstructed by certain students affiliated with a particular political party. Despite lodging Exts. P2 & P3 complaints with the Vice Chancellor and the Registrar and though the same was forwarded to the police, no effective action was taken. Later, Ext.P4 crime was registered by incorporating trivial allegations. It is stated that no action has so far been taken by the official respondents to enable the petitioners to effectively discharge their duty as senate members and attend the meetings of the Senate of Calicut University.
2. Though notice was issued to the party respondents, they have not chosen to enter appearance.
3. I have heard the submissions of the learned counsel appearing for the petitioners and the learned Government Pleader .
4. Exhibit P1 is the communication, which discloses that the petitioners herein have been nominated to the Senate of the Calicut University. Ext. P4 crime registered reveals that the apprehension expressed by the petitioners in this case is genuine. The party respondents have not chosen to appear before this Court and counter the assertions made by the petitioner. Having considered the facts and circumstances, I am of the considered opinion that there is absolutely no justification on the part of the party respondents in interfering with the rights of the petitioners in discharging the duties as Senate Members In that view of the matter this petition is disposed of and there will be a direction to the 1st respondent to grant effective protection to the petitioners and ensure that they are not prevented in any manner in discharging their functions as Senate members and in attending the meeting of the Senate of the Calicut University.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
APPENDIX OF WP(C) 44055/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 15.12.2023 EVIDENCING THE NOMINATION.
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 21.12.2023 SUBMITTED BEFORE THE VICE CHANCELLOR.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 21.12.2023 SUBMITTED BEFORE THE REGISTRAR OF THE UNIVERSITY OF CALICUT.
Exhibit P4 TRUE COPY OF THE FIR NO.1210 OF 2023 OF THE THENHIPALAM POLICE STATION.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 21.12.2023 SUBMITTED BY THE PORTIONERS BEFORE THE 1ST RESPONDENT.
