Kerala High Court
S.Sivankutty Nair vs District Police Chief on 17 November, 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 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938
WP(C).No. 25193 of 2016 (Y)
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PETITIONER(S):
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S.SIVANKUTTY NAIR
PRESIDENT,PARENTS-TEACHER'S ASSOCIATION,
S.V.G.V.HIGHER SECONDARY SCHOO, KIDANGANNOOR, NALKALIKKAL P.O.,
ARANMULA, PATHANAMTHITTA DISTRICT.
BY ADV.SRI.C.B.SREEKUMAR
RESPONDENT(S):
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1. DISTRICT POLICE CHIEF
PATHANAMTHITTA DISTRICT.-689645
2. THE CIRLCE INSEPCTOR OF POLICE
ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT. 689645
3. THE SUB INSEPCTOR OF POLICE
ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT.-689645
4. THE PRESIDENT
KERALA STUDENTS' UNION (KSU), DISTRICT CONGRESS COMMITTEE OFFICE,
PATHANAMTHITTA- 689645
5. THE SECRETARY
STUDENTS' FEDERATION OF INDIA, (SFI) , SFI UNIT OFFICE,
COMMUNIST PARTY OF INAIDA (MARXIST) OFFICE,
PATHANAMTHITTA.- 689645
6. THE SECRETARY
ALL INDIA STUDNETS' FEDERATION (AISF), AISF UNIT OFFICE,
COMMUNIST PARTY OF INAIDA (CPI) OFFICE, PATHANAMTHITTA -. 689645
WP(C).No. 25193 of 2016
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7. KARAYADARSHI
AKHIL BHARATHEEYAVIDHYARTHI PARISHAT (ABVP) UNIT OFFICE,
RSS KARYALAYAM, PATHANAMTHITTA DISTRICT.- 689645
BY GOVERNMENT PLEADER SRI.P.P. THAJUDEEN (Sr)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25193 of 2016 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 18/8/2015.
EXHIBIT P2. TRUE COPY OF THE MINUTES OF THE MEETING PARENT TEACHERS'
ASSOCIATION HELD ON 27/1/2016.
EXHIBIT P3. TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
//True copy//
P.S to Judge
K.T.SANKARAN & A.M.BABU, JJ
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W.P.(C).25193 of 2016
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Dated 17th November, 2016
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JUDGMENT
K.T.Sankaran, J
1.The petitioner is the President of the Parent Teachers' Association of S.V.G.V. Higher Secondary School, Kidangannoor, which is an aided school where about 1200 students are studying. The following facts are stated in the writ petition.
2.The students studying in the school hail from poor families. There is no students' union activity functioning inside the school. The parents of the students are not interested in the students involving in students' political activities. However, persons outside the school, who belong to different students' unions, interfered with the functioning of the school and they used to obstruct classes WP(C).33489/16 2 by holding strikes. It is stated that 20 working days were lost in the academic year 2015-16 as a result of such strikes. On one of such strike days, one student died as a result of drowning in canal. On the days of strike, the students indulged in undesirable activities inside and outside the school. It is also stated that due to strike, on several days food prepared for students became waste. Apart from the monetary loss, the welfare of the students also would be affected by the strikes called by students' unions and the entry of outsiders to the school in question. Though the petitioner submitted Ext.P3 petition dated 'nil' to the Sub Inspector of Police, Aranmula, no action was taken thereon.
3.The learned Government Pleader submitted that as of now, there is no situation warranting interference by the police. WP(C).33489/16 3 No specific incident has been mentioned in the writ petition on which day police intervention was requested for. No copy of any such petition is also produced. It is submitted by the learned Government Pleader that as and when any law and order problem occurs, police will certainly interfere and diffuse the tension.
4.In the facts and circumstances, a blanket order for police protection cannot be granted since it cannot be said on what date the strike may occur and on what date the law and order situation may arise. To protect the interests of the petitioner, it would be sufficient to issue a direction to respondents 2 and 3 to interfere and provide necessary assistance to the Management of the school when any law and order situation arises or likely to arise in the school as a result of the WP(C).33489/16 4 call for strike or due to the interference of outsiders. The Principal of the school shall intimate respondents 2 and 3 or any one of them about the incident, by filing appropriate application or by other means. In case any law and order situation occurs, respondents 2 and 3 shall afford necessary police assistance to the Management of the school for the smooth running of the school without any interference from outsiders.
The writ petition is disposed of as above.
Sd/-
K.T.SANKARAN Judge Sd/-
A.M.BABU Judge Mrcs/17.11.2016 //True copy// P.S to Judge