Sr.Clara K.M v. State Police Chief
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 PETITIONER(S) :- ----------------- SR.CLARA K.M., CORRESPONDENT ST.ANN'S CONVENT AND MANAGER, ST.ANN'S SCHOOL AYUR P.O., KOLLAM DISTRICT, KERALA - 691 533. BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) SRI.S.SREEKUMAR (KOLLAM) SRI.ANIL ELGIN SRI.S.VINCENT SRI.S.JOSE RESPONDENTS :- ---------------
1. STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHAKKADU THIRUVANANTHAPURAM - 695 014.
2. THE DISTRICT POLICE CHIEF (RURAL) OFFICE OF THE KOLLAM DISTRICT POLICE CHIEF KOTTARAKKARA - 691 506.
3. THE CIRCLE INSPECTOR OF POLICE KADAKKAL CIRCLE, OFFICE OF THE CIRCLE INSPECTOR KADAKKAL, KOLLAM - 691 536.
4. THE SUB INSPECTOR OF POLICE CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT PIN - 691 534.
5. THE KERALA STUDENTS UNION REPRESENTED BY ITS PRESIDENT DISTRICT CONGRESS COMMITTEE OFFICE, MUNDAKKAL KOLLAM - 691 001.
6. THE STUDENTS FEDERATION OF INDIA REPRESENTED BY ITS SECRETARY KOLLAM DISTRICT COMMITTEE N.SRIDHARAN SMARAKA MANDIRAM, PATTATHANAM KOLLAM - 691 021.
7. AKHILA BHARATHIYA VIDYARTHI PARISHATH REPRESENTED BY ITS SECRETARY MADHAVA MANDIRAM (RSS DISTRICT OFFICE), OLAYIL KOLLAM - 691 013.
R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt
APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXHIBIT P1. A TRUE COPY OF THE LETTER NO.CBSE/AFF./930688/2007/ (SL-0716) DATED 13.01.2007 ISSUED BY THE ASSISTANT DIRECTOR OF THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER. EXHIBIT P2. A TRUE COPY OF THE LETTER NO.CBSE/AFF./930688/2007/ EX-01628-1011/2009/214487 DATED 12.01.2010 ISSUED BY THE ASSISTANT DIRECTOR OF THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER.
EXHIBIT P3. A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF SOCIETIES DATED 04.08.1997 ISSUED BY THE REGISTRAR OF SOCIETIES, CHENGALPATTU, TAMILNADU.
EXHIBIT P4. A TRUE COPY OF THE JUDGMENT DATED 24TH JUNE 2014 IN WP(C)NO.27406 OF 2013 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P5. A TRUE COPY OF THE COMPLAINT DATED 7TH DAY OF JUNE 2015 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. EXHIBIT P6. A TRUE COPY OF THE COMPLAINT DATED 15.06.2015 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.19772 of 2015 ------------------------------------- Dated this the 28th day of July 2015
J U D G M E N T
Shaffique, J The petitioner has approached this Court seeking police protection in the matter relating to functioning of the school. It is alleged that respondents 5 to 7 and their members are obstructing the functioning of the school. The petitioner submits that respondents 5 to 7 have no right to obstruct the functioning of the school and though complaints were given to the police for necessary protection to prevent such obstructive activities of respondents 5 to 7, no action has been taken in the matter by the police and therefore, the petitioner has approached this Court. 2.
Learned Government Pleader on instructions would submit that after the interim order had been passed by this Court on 1.7.2015, necessary police assistance has been provided as and when called by the petitioner.
3.
Though notice was served on respondents 5 to 7, there is no appearance on their behalf.
4.
In the aforesaid factual situation, we direct the 4th respondent to ensure maintenance of law and order and if any
W.P.(C) No.19772 of 2015 -: 2 :- obstruction being created by respondents 5 to 7, on the complaint of the petitioner, the police shall look into the matter and do the needful.
With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt