High Court of KeralaWP(C)/6378/2015disposed of

Latheef v. The Deputy Superintendent Of Police, Thamarassery

2015-03-04Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 6378 of 2015 (V) -------------------------------------- PETITIONER(S):

---------------------- LATHEEF, AGED 43 YEARS, S/O.USSAIN, PUTHENVEETTIL, VAVADU KODUVALLY, KOZHIKODE DISTRICT.

BY ADVS.SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN SMT.VINEETHA V.KUMAR RESPONDENT(S):

------------------------

1. THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE DISTRICT-673572.

2. THE SUB INSPECTOR OF POLICE, KODUVALLY, KOZHIKODE DISTRICT-673572.

3. THE KODUVALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODUVALLY KOZHIKODE DISTRICT-673572.

4. LIGHTNING ARTS & SPORTS CLUB, KODUVALLY, KOZHIKODE DISTRICT REPRESENTED BY ITS SECRETARY-673572.

R1 & 2 BY GOVERNMENT PLEADER SRI.K.C.VINCENT R3 BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA R4 BY ADV. SRI.SRINATH GIRISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6378 of 2015 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE APPLICATION PREFERRED BY THE 4TH RESPONDENT TO THE PRESIDENT, KODUVALLY GRAMA PANCHAYATH. EXT.P2:

TRUE COPY OF THE FORMAL REPRESENTATION MADE BY GOVT.HIGHER SECONDARY SCHOOL, KODUVALLY DATED 19.02.2015. EXT.P3:

TRUE COPY OF THE FORMAL REPRESENTATION MADE BY G.H.S.S. KARUVANPOYIL DATED 18.02.2015.

EXT.P4:

TRUE COPY OF THE FORMAL REPRESENTATION MADE BY K.M.D.H.S.S.KODUVALLY DATED 19.02.2015.

EXT.P5:

TRUE COPY OF THE FORMAL REPRESENTATION MADE BY GOVT.HIGHER SECONDARY SCHOOL, KODUVALLY DATED 18.02.2015. EXT.P6:

TRUE COPY OF THE MASS PETITION PREFERRED BY THE PARENTS BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 6378 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers :

(i) To call for the records relating to Exhibits P1 to P6 and to issue a writ of mandamus commanding the th respondent to respondents 1 to 3 not to permit the 4 conduct the Sevens Football Tournament, until the SSLC Examinations and the Higher Secondary Examinations are over.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to consider the grievances voiced in Exts. P2 to P6 and to take steps to prevent the conduct of Sevens Football Tournament during the examinations mentioned above.

(iii) Issue such other writ, direction or order that this Hon'ble Court may deem fit, just and necessary in the facts and circumstances of the case.

W.P.(C) No. 6378 of 2015 : 2 :

2. The learned counsel for the 4th respondent submits that all the arrangements have been made to conduct Sevens Football Tournament and that no hindrance or inconvenience in any manner will be caused to the students, who are participating for the SSLC examinations, as alleged by the petitioners, in so far as no advertisement or announcement system is intended to be deployed during the day time. It is also pointed out that the tournament is scheduled to be held after 7 p.m. It is also pointed out that no children below the age of 17 years are permitted to have entry to the tournament, in view of the ongoing examinations, unless the children are accompanied by their parents.

3. The learned counsel for the 3rd respondent Panchayath submits that on submitting necessary application by the 4th respondent, the matter was considered and the premises/stadium belonging to the said respondent was given on lease for conducting the tournament.

4. After hearing both the sides, in the light of the assurance and undertaking given by the 4th respondent, this Court does not find it necessary to keep the matter pending. The writ petition is accordingly disposed of, making it clear that no hindrance/nuisance

W.P.(C) No. 6378 of 2015 : 3 :

shall be caused to the students, who are preparing for the examination as aforesaid.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd