Kerala High Court
Sreekandan Nair vs The State Of Kerala Represented By Its ... on 2 July, 2015
Author: A.M. Shaffique
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937
WP(C).No. 24530 of 2015 (M)
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PETITIONER(S) :-
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SREEKANDAN NAIR, AGED 58 YEARS
S/O.VASUDEVAKURUP, SREEKANDA SADANAM, PONGANADU P.O.
PONGANADU JUNCTION, (PRESIDENT
PTA GOVERNMENT HIGHER SECONDARY SCHOOL, KILIMANOOR)
BY ADVS.SRI.A.SHAJEEL
SMT.K.RAJESWARY
SRI.K.N.CHANDRABABU
RESPONDENT(S) :-
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1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, VAZHUTHAKKADU
THIRUVANANTHAPURAM - 695 001.
3. CIRCLE INSPECTOR OF POLICE
OFFICE OF THE CIRCLE INSPECTOR OF POLICE
KILIMANOOR - 695 614.
4. THE SUB INSPECTOR OF POLICE
KILIMANOOR POLICE STATION, KILIMANOOR - 695 614.
5. RIYAS
SFI AREA SECRETARY, COMMUNIST PARTY OF INDIA MARXIST
AREA COMMITTE OFFICE, KILIMANOOR, PIN - 695 614.
6. KARTHIK S.S.,
S/O.VIKRAMAN NAIR, UNIT SECRETARY, SFI
GOVERNMENT H.S.S KILIMANOOR, KRISHNA BHAVAN,
PULIMATH P.O., KARETTE, PIN - 695 612.
WP(C).No. 24530 of 2015 (M)
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7. GIRI KRISHNAN
KSU NIYOJAKA MANDALAM PRESIDENT, CONGRESS BHAVAN
PONGANADU, S/O.GOPALAKRISHNAN NAIR, KRISHNALAYAM
PONGANADU P.O, PIN - 695 613.
8. ADESH S.S.,
UNIT PRESIDENT, K.S.U., GOVERNMENT H.S.S., KILIMANOOR
S/O.SUDHARMAN, GANGA BHAVAN, KUNNUMMEL
KILIMANOOR P.O., PIN - 695 614.
9. RAHUL RAJ
DISTRICT SECRETARY, A.I.S.F, CPI,
MANDALAM COMMITTE OFFICE, KILIMANOOR, PIN - 695 614.
10. BHEEM RAJ, R.S. A.I.S.F UNIT SECRETARY,
G.H.S.S., KILIMANOOR, S/O.RAJAN.S., CHARUVILA VEEDU,
VATTAKKAITHA, THATTATHUMALA P.O., PIN - 695 614.
11. VISHNU V, UNIT PRESIDENT, ABVP, GHSS KILIMANOOR
S/O.VELU C, CHARUVILA VEEDU, KEEZHPEROOR
PEROOR P.O, PONGANADU, PIN - 695 613.
12. NIYAS.Y., UNIT PRESIDENT, C.F.I,
GOVERNMENT HSS, KILIMANOOR,
S/O.YAHIYA KUNJU.A., Y.R. MANZIL PUTHUSSERIMUKKU P.O.
KALLAMBALAM, PIN - 695 613.
R1 TO R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
jvt
WP(C).No. 24530 of 2015 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS :-
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EXT.P1:TRUE COPY OF THE NEWS PAPER REPORT SHOWING TO REMOVE THE
FLAG POSTS USING JCB DATED 02.07.2015 (ALONG WITH ENGLISH
TRANSLATION).
EXT.P2:A TRUE COPY OF THE NEWS PAPER REPORT SHOWING THE CLASHES
OF THE STUDENTS AT KILIMANOOR TOWN DATED 05.07.2015 (ALONG WITH
ENGLISH TRANSLATION).
EXT.P3:TRUE COPY OF THE FIRST INFORMATION REPORT OF POLICE
STATION KILIMANOOR DATED 06.07.2015 ALONG WITH ENGLISH
TRANSLATION).
EXT.P4:TRUE COPY OF THE FIRST INFORMATION REPORT OF POLICE
STATION KILIMANOOR DATED 06.07.2015 ALONG WITH ENGLISH
TRANSLATION).
EXT.P5:TRUE COPY OF THE FIRST INFORMATION REPORT OF POLICE
STATION KILIMANOOR DATED 07.07.2015 ALONG WITH ENGLISH
TRANSLATION).
EXT.P6:TRUE COPY OF MINUTES OF THE STAFF MEETING 07.07.2015 ALONG
WITH ENGLISH TRANSLATION).
EXT.P7:TRUE COPY OF THE MINUTES OF P.T.A DATED 10.07.2015 (ALONG
WITH ENGLISH TRANSLATION).
EXT.P8:PHOTOGRAPH SHOWING THE INSCRIPTIONS OF THE VARIOUS UNIONS.
EXT.P9:TRUE COPY OF THE CERTIFICATE DATED 25.07.2015 SHOWING THE
LOSS OF ACADEMIC DAYS.
EXT.P10:TRUE COPY OF THE PETITION SUBMITTED BEFORE THE POLICE
STATION DATED 25.07.2015 (ALONG WITH ENGLISH TRANSLATION.
EXT.P11:TRUE COPY OF THE INTERIM ORDER DATED 01.06.2015 PASSED IN
WPC.NO.19821/2015 (C).
RESPONDENT(S)' EXHIBITS :- NIL
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//TRUE COPY//
P.A. TO JUDGE
ASHOK BHUSHAN, C.J &
A.M. SHAFFIQUE, J.
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W.P.(C) No.24530 of 2015
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Dated this the 12th day of August 2015
J U D G M E N T
Shaffique, J.
Heard the learned counsel for the petitioner and the learned State Attorney.
2. No notice is being issued to respondents 5 to 12, in view of the order which is being passed in the writ petition.
3. The petitioner is the President of Parent Teachers Association of Government Higher Secondary School, Kilimanoor. He has ventilated the grievance regarding the criminal activities being carried on within the premises of the said school and on account of various unions functioning within the premises, it is stated that clashes had occurred between members of the unions and though police assistance was sought for on several occasions, the police did not provide necessary protection. It is stated that the functioning of the school is being disrupted on account of such untoward incidents. Unless appropriate police protection is provided in the matter relating to functioning of the school, the students will be put to serious difficulties. W.P.(C) No.24530 of 2015 -: 2 :-
4. Learned State Attorney on instructions would submit that the police had taken appropriate measures in the matter. Presently, there is no untoward incident noticed. However, if there is any request from the Principal of the school, the police is ready to take appropriate action in the matter and provide necessary protection for the proper functioning of the school.
5. Taking into consideration the aforesaid submission of the learned State Attorney, we do not think that any direction as sought for is required to be passed in the writ petition. We take on record the aforesaid submission and only observe that on the request of the Principal of the school, necessary steps shall be taken by the police with sufficient force to ensure proper functioning of the school.
With the above observation, this writ petition is closed.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE Jvt