Kerala High Court
Fr.Dr.Rage Mathew vs Station House Officer(Inspector Of ... on 28 June, 2018
Author: Devan Ramachandran
Bench: P.R.Ramachandra Menon, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
WP(C).No. 24483 of 2018
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PETITIONER:
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FR.DR.RAGE MATHEW,
AGED 59 YEARS, PRINCIPAL,
THAPOVAN PUBLIC SCHOOL,
MANAKKALA.P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT-691523.
BY ADV.SRI.K.K.SETHUKUMAR
RESPONDENT(S):
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1. STATION HOUSE OFFICER(INSPECTOR OF POLICE),
ADOOR POLICE STATION, ADOOR.P.O,
PATHANAMTHITTA DISTRICT-691523.
2. THE SECRETARY,
STUDENTS FEDERATION OF INDIA (SFI),
ADOOR AREA, C/O CPIM AREA COMMITTEE OFFICE,
ADOOR.P.O, PATHANAMTHITTA DISTRICT-691523.
3. THE SECRETARY,
KERALA STUDENTS UNION(KSU), ADOOR,
C/O CONGRESS(I)ADOOR MANDALAM COMMITTEE,
ADOOR.P.O, PATHANAMTHITTA DISTRICT-691523.
4. THE SECRETARY,
ALL INDIA STUDENTS FEDERATION(AISF),
ADOOR, C/O CPI OFFICE, ADOOR.P.O,
PATHANAMTHITTA DISTRICT-691523.
5. THE SECRETARY,
AKHILA BHARATHIYA VIDYARDHI PARISHAD(ABVP),
ADOOR TALUK COMMITTEE, ADOOR.P.O,
PATHANAMTHITTA DISTRICT-691523.
R1 BY SENIOR GOVERNMENT PLEADER SRI.P.P. THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24-07-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
mbr/
WP(C).No. 24483 of 2018 (I)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN
WP(C)NO.32587/2016 DTD.10/11/2016.
EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE
1ST RESPONDENT BY THE PETITIONER DATED 28/06/2018.
EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT ISSUED AGAINST
THE RECEIPT OF EXHIBIT P2 COMPLAINT DATED 05/07/2018.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
mbr/
25.07.2018.
P.R.Ramachandra Menon &
Devan Ramachandran, JJ.
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W.P.(C)No.24483 of 2018 I
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Dated this the 24th day of July, 2018
JUDGMENT
Devan Ramachandran, J.
The petitioner, who is stated to be the Principal of a school by name 'Thapovan Public School' in Pathanamthitta, has filed this writ petition alleging that respondents 2 to 5, who are the leaders of various student Unions, are causing obstruction to the conduct of classes in the school and that they are seriously prejudicing the rights of the students studying there.
2. The petitioner says that last year when the school was facing obstructionist conduct at the instance of politically motivated persons in the locality, they approached this Court by filing W.P.(C)No.32587/2016, which was ordered, directing the police authorities to afford adequate protection to the school. He says that since Exhibit P1 judgment confirms the directions therein to a period of one year from the date of the judgment, no action has been now WPC 24483/18 2 taken by the police subsequent to 10.11.2017. He says that members of respondents 2 to 5 Unions are now taking law into their hands and that they are obstructing and engaging in disruptive activities in the school and he prays that immediate orders be issued to the first respondent, who is the competent police officer, to afford adequate protection.
3. The learned Government Pleader submits that the petitioner has approached this Court solely on the basis of an apprehension and he says that, as is clear from Exhibit P2 complaint, all that the petitioner has requested therein is that the school be given protection to conduct classes on account of a strike call given by some of the Unions. He adds that there is no infraction of law and order in the area in question at the moment and assures this Court that action will be taken as and when any specific complaint is brought to the notice of the police.
4. Taking note of the afore submissions of the learned Government Pleader, we order this writ petition directing the first respondent to keep a strict vigil in and around the school in question and to ensure that there is no law and order WPC 24483/18 3 violation by any person, including respondents 2 to 5 and their men. If any specific complaint is made by the petitioner against respondents 2 to 5 or any other persons, the first respondent will be obligated to take note of the same as per law and adopt such measures as are necessary to ensure that the School is able to function without obstruction from anyone.
The writ petition is thus ordered.
Sd/-
P.R.Ramachandra Menon, Judge Sd/-
Devan Ramachandran, Judge tkv