IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2331 of 2010(N)
1. BAISIL ATTEPETTY @ BASIL A.G,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,KALADY
... Respondent
2. THE SREE SANKARACHARYA UNIVERSITY OF
3. SRI.C.V.ASOKAN,HIGHER GRADE SECTION
4. SRI.T.CHANDRA BABU,HIGHER GRADE SECTION
For Petitioner :SRI.BAISIL ATTIPETTY (PARTY IN PERSON)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :25/01/2010
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(C) No. 2331 of 2009-N
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Dated this the 25th day of January, 2010
JUDGMENT
Basant,J.
The short prayer of the petitioner is that he may be
permitted to be present before the University on 27/1/10 in
obedience to the directions of the learned single Judge in
Ext.P1 interim order dated 20/1/10. The operative part of
Ext.P1 order reads like this:
“The petitioner shall be present
before the University on 27/1/2010. On
that day, the University shall get all
required papers signed by the petitioner
and relieve him on that day itself.”
2. The petitioner apprehends that respondents 3 and 4
might obstruct him from proceeding to the University in
W.P.(C) No. 2331 of 2009 -: 2 :-
pursuance of the directions issued in Ext.P1. This would
virtually deprive him of the advantage of Ext.P1 order.
According to him, he has already submitted Ext.P2
representation to the 1st respondent. The petitioner apprehends
that respondents 3 and 4, being very powerful persons, may
frustrate his option to proceed to the University on 27/1/10 to
claim the advantage of Ext.P1 order.
3. Notice has been given. The learned Government
Pleader appears for the 1st respondent. The Standing Counsel
for the University appears for the 2nd respondent. The Standing
Counsel submits that the University has no objection against the
petitioner coming to the University in compliance with Ext.P1
order and claiming the benefits of the said order. The learned
Standing Counsel for the University, however, submits that the
petitioner will have to comply with the directions in Ext.P1 fully
i.e., he will have to execute a bond and sign all required papers.
4. Respondents 3 and 4 have not been served. There is
hardly time to wait for issue and return of notice to respondents
3 and 4. The directions in Ext.P1 have to be complied with and
the petitioner has got to be given opportunity to appear before
the University as directed in Ext.P1 order. In these
circumstances, we deem it only proper to direct the 1st
W.P.(C) No. 2331 of 2009 -: 3 :-
respondent to ensure that the petitioner is given opportunity and
the required assistance to appear before the University in
compliance of Ext.P1 order. Necessary assistance/protection
shall be granted to the petitioner by the 1st respondent.
5. This writ petition is thus allowed in part. We think that
in this petition for police protection it is unnecessary to consider
the various other contentions raised and reliefs claimed.
6. Hand over a copy of this judgment to the learned
Government Pleader who shall immediately communicate the
same to the 1st respondent. Hand over another copy to the
learned counsel for the petitioner also.
Sd/-
R. BASANT
(Judge)
Sd/-
M.C. HARI RANI
(Judge)
Nan/
//True Copy//
P.S. to Judge