Kerala High Court
Fr.Dr.Rage Mathew vs Inspector Of Police on 23 February, 2016
Author: K.T.Sankaran
Bench: K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY, THE 10TH DAY OF NOVEMBER 2016/19TH KARTHIKA, 1938
WP(C).No. 32587 of 2016 (W)
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PETITIONER(S):
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FR.DR.RAGE MATHEW, AGED 57 YEARS,
PRINCIPAL,
THAPOVAN PUBLIC SCHOOL,
MANAKKALA P.O., ADOOR TALUK,
PATHANAMTHITTA DISTRICT 691 523.
BY ADV. SRI.K.K.SETHUKUMAR
RESPONDENT(S):
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1. INSPECTOR OF POLICE
OFFICE OF CI OF POLICE, ADOOR P.O.,
PATHANAMTHITTA DISTRICT 691 523.
2. THE SECRETARY
STUDENTS FEDERATION OF INDIA (SFI)
ADOOR AREA, C/O.CPIM OFFICE,
ADOOR P.O.,
PATHANAMTHITTA DISTRICT - 691 523.
3. THE SECRETARY
KERALA STUDENTS UNION (KSU), ADOOR,
C/O.CONGRESS (I) ADOOR MANDALAM COMMITTEE,
ADOOR P.O., PATHANAMTHITTA DISTRICT 691 523.
4. THE SECRETARY
ALL INDIA STUDENTS FEDERATION (AISF), ADOOR
C/O.CPI OFFICE ADOOR P.O.,
PATHANAMTHITTA DISTRICT - 691 523.
5. THE SECRETARY
AKHILA BHARATHIYA VIDYARDHI PARISHAD (ABVP)
ADOOR TALUK COMMITTEE, ADOOR P.O.,
PATHANAMTHITTA DISTRICT 691 523.
R1 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-11-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32587 of 2016 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE 1ST
RESPONDENT
BY THE PETITIONER DATED 23/2/2016
EXT.P2 TURE PHOTOCOPY OF THE RECEIPT ISSUED AGAINST THE RECEIPT
OF EXHIBIT P1 COMPLAINT DATED 11/3/2016
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY
SKS P.A TO JUDGE
K.T.SANKARAN & A.M.BABU, JJ.
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WP(C) NO.32587 OF 2016
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Dated 10th November, 2016
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JUDGMENT
Sankaran, J.
The petitioner is the Principal of the Thapovan Public School and Junior College, Adoor, which is affiliated to CBSE. It is stated that the school has a students' strength of 2500 and classes from 1 to 12 are being conducted. According to the petitioner, there is no campus politics in the school. When a few students' organisations working outside the school obstructed the classes in the petitioner's school, the petitioner preferred Ext.P1 complaint to the Circle Inspector of Police, Adoor stating the following:
"The PTA meeting of Thapovan Public School and Junior College, held on 19th February, 2016 expressed concern about the educational strikes called for by different political student organisations. The strikes called for with no notification and no sufficient media reports create confusion and inconvenience among the school authorities and parents. Also this creates serious educational problems among the students.
2 WP(C) NO.32587 OF 2016 On different such strike days we have to confront with the politically motivated students from outside. And this becomes a serious concern of the law and order. So we request you to take quick actions by way of sending police force to protect us and help us to continue the classes smoothly".
2. It is stated in the writ petition that again on 3.10.2016, an educational strike was called by the State Committee of the third respondent. In connection with that strike some students from outside obstructed the classes in the petitioner's school and threatened the students. Though this was informed to the first respondent, no assistance was provided to the management and to the students who were willing to attend the class. It is alleged that the first respondent did not consider Ext.P1 due to political pressure exerted by respondents 2 to 5.
3. The reliefs prayed for in the writ petition are as follows:
"(i) issue writ of mandamus such other writ, order or direction against first respondent to afford adequate and sufficient police protection to the life of the petitioner and his students so as to enable his peaceful conduct of classes;
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WP(C) NO.32587 OF 2016
(ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to take effective measures on Ext.P1 complaint to conduct the classes to the students without obstruction from other respondents;
(iii) issue any other writ, order or direction which this Hon'ble Court deems fit to grant in the facts and circumstances of the case".
4. Though respondents 2 to 5 were served with notice, there is no appearance for them.
5. The learned Government Pleader submitted that whenever the petitioner informs the police about any such strike, the police is prepared to afford sufficient protection, provided the necessary charges for police assistance is paid as provided in the Government Order in force. The petitioner is agreeable to the suggestion.
6. Accordingly, the writ petition is disposed of directing the first respondent to provide adequate and effective police protection to protect the students, teachers and staff of the Thapovan Public School and Junior College, Manakala P.O, Adoor to smoothly conduct classes on days where strikes are called for 4 WP(C) NO.32587 OF 2016 by the outside students' organisations, on payment of the necessary charges as per the Government Order in force by the petitioner. This judgment will be in operation for a period of one year from today.
K.T.SANKARAN Judge A.M.BABU Judge sks/10.11.2016 5 WP(C) NO.32587 OF 2016