Madras High CourtWP/26881/2021disposed of

Bharathidasan Educational Trust v. The Inspector Of Police

2021-12-17Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.26881 of 2021 Bharathidasan Educational Trust, Rep by its Secretary S.Pandian, 146/1, Abbai Street, Arcot 623 503.

... Petitioner

Versus

1.The Inspector of Police, Valajapettai Police Station, Valajapettai 632 513.

2.K.Loganathan 3.K.Ramesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st respondent herein to provide police protection to the petitioner's trust for smooth functioning of Vetri Vidyalaya Nursery and Primary School based on their complaint dated 27.10.2021.

For Petitioner :

Mr.K.Venkatasubban for M/s.Sarvabhauman Associates For Respondents :

Mr.E.Raj Thilak, Addl. Public Prosecutor for R1

ORDER

This Writ Petition has been filed to direct the 1st respondent herein to provide police protection for smooth functioning of the petitioner's trust namely Vetri Vidyalaya Nursery and Primary School based on their complaint dated 27.10.2021.

2.The grievance of the petitioner is that the petitioner had sent a representation on 27.10.2021 to the respondent Police seeking Police protection for the petitioner's trust to function smoothly and to continue with the functioning of the Vetri Vidyalaya Nursery and Primary School. The erstwhile trustees are now creating disturbances and threatening the non teaching staffs from entering into the school and now https://hcservices.ecourts.gov.in/hcservices/

functioning of the school has become questionable. Further submitted that the lease period of the property is 99 years and the school has been functioning for the past 8 years and they are contemplating to file a Civil Suit.

3.The learned Additional Public Prosecutor submitted that on the complaint of the petitioner in CSR No.97 of 2021 had been assigned on 02.11.2021, the petitioner as well as the counter petitioner called for enquiry and it was found that earlier, the school was running in the name Kamarajar Trust thereafter, the name of the trust was changed to Bharathidasan Educational Trust in the year 2017. Thereafter, there were some dispute with the petitioner and other trustees over the period of lease granted and the other aspects for which the petitioner and the other trustees agreed to resolve the issue through Civil Court. Both of them were advised not to interfere and disturb the smooth functioning of the school. He further submitted that the Police are going over the area, making enquiry and keeping watch over the school. As and when any instance of restrictions or interference in the functioning of the school, is found appropriate action would be taken.

4. Recording the same, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar vkr/mpl To 1.The Inspector of Police, Valajapettai Police Station, Valajapettai 623 513.

2.The Public Prosecutor, High Court, Madras.

W.P.No.26881 of 2021 SSD (CO) PR (06/01/2022) https://hcservices.ecourts.gov.in/hcservices/