High Court of KeralaWP(C)/38713/2015closed

Mary Matha Icse School v. The Circle Inspector Of Police, Pudukkad Police Station

2015-12-22Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 pages

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 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38713 of 2015 (L) ---------------------------- PETITIONER(S) :- ------------------- MARY MATHA ICSE SCHOOL, PUDUKKAD P.O., THRISSUR - 680 301 REPRESENTED BY ITS MANAGER, SR.JAISY JOHN.

BY ADV. SMT.BIMALA BABY RESPONDENT(S) :- ------------------

1. THE CIRCLE INSPECTOR OF POLICE, PUDUKKAD POLICE STATION, THRISSUR DISTRICT - 683 003.

2. THE SUB INSPECTOR OF POLICE, PUDUKKAD POLICE STATION, THRISSUR DISTRICT - 683 003.

3. C.P.VARGHESE, CHEERAN HOUSE, NEHRU NAGAR, IVTH AVENUE, KUNNAMKULAM P.O., THRISSUR - 680 503. R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO.38713 OF 2015 APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 :- TRUE COPY OF THE ENQUIRY REPORT DATED 15/7/2015 SUBMITTED BY THE ENQUIRY OFFICER ALONG WITH ENGLISH TRANSLATION OF MALAYALAM PORTION.

EXT.P2 :- TRUE COPY OF THE COMPLAINT DATED 15/12/2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXT.P3 :- TRUE COPY OF THE COMPLAINT DATED 15/12/2015 SUBMITTED BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS :- NIL.

//TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 38713 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned State Attorney. No notice is being issued to the 3rd respondent in view of the order which is being passed.

2. The petitioner which is an educational institution through its Manager has come up by filing this writ petition seeking police protection against the 3rd respondent. According to the petitioner, the 3rd respondent was working as Physical Education teacher in the petitioner institution, who, after enquiry, has been dismissed from service. Allegation is made that the 3rd respondent along with his men has come to the institution, abused the children and caused obstruction to the running of the institution. A complaint has been submitted on 15.12.2015 detailing the incident.

3. Learned State Attorney after obtaining instructions submits that the complaint of petitioner has been received on 21.12.2015 and crime has already been registered

WP(C) No. 38713 of 2015 -:2:- against the 3rd respondent and 3rd respondent is absconding thereafter.

4. In view of the fact that crime has already been registered, we are of the view that no directions are necessary to be passed in this writ petition. We only observe that if any further obstruction is created by the 3rd respondent, on the complaint submitted by the petitioner institution, the 2nd respondent shall take appropriate measures.

With the above observation the Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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WP(C) No. 38713 of 2015 -:3:-