Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 PETITIONERS :- 1 THE CHOICE FOUNDATION “CHOICE HOUSE”, P. V. SREEDHARAN ROAD, KUMBALAM, KOCHI - 682 506, REPRESENTED BY ITS GENERAL MANAGER MS.SOUMYA V. NAIR 2 MS.SOUMYA V. NAIR MANAGER, THE CHOICE SCHOOL, NADAMA EAST, THRIPPUNITHURA, BY ADVS. P.BENNY THOMAS D.PREM KAMATH TOM THOMAS (KAKKUZHIYIL) ABEL TOM BENNY KURIAN OOMMEN THERAKATH JAIKRISHNAN.M.PISHARODI K.S.MUHAMMED SHEFIN RESPONDENTS :- 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KOCHI - 682 021. 3 THE STATION HOUSE OFFICER, THRIPPUNITHURA POLICE STATION, VAIKOM ROAD, KANNANKULANGARA, THRIPPUNITHURA,
4 THE SAMARA SAHAYA SAMITI (CITU), THRIPPUNITHURA - 682 301, REPRESENTED BY ITS MEKHALA SECRETARY. 5 THE DISTRICT LABOUR OFFICER 4TH FLOOR, CIVIL STATION, KAKKANAD - 682 030. SRI.JOBY JOSEPH-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-
JUDGMENT
Dated this the 30th day of June, 2022 This writ petition is filed seeking the following reliefs :-
“(i) issue a writ of mandamus or other appropriate writ, order
or direction, directing 3rd respondent to afford adequate and effective protection to the students, teachers, employees of 1st petitioner's school, their labourers, staff as well as for smooth functioning of the school and educational activities, without any disturbance, hindrance, obstruction or threats from the representatives of 4th respondent and its members or any other person/persons on their behalf.
(ii) direct the 3rd respondent to act on Ext.P2 complaint
submitted by first petitioner and take appropriate action against the representatives of 4th respondent and its members and also to ensure that adequate and effective protection is provided to petitioner's school to conduct its educational activities without any disturbance, hindrance, obstruction or threats from the representatives of 4th respondent and its members or any other person/persons on their behalf and not to conduct any dharna or March or congregate within a radius of 200m from the main entrance of the school at Nadama East, Thrippunithura, Cochin - 682 301.”
2. Heard the learned counsel for the petitioners and the learned Government Pleader. Though notice was taken out to the 4th respondent and was duly served, there is no appearance for the said respondent. -: 3 :-
3. It is submitted by the learned counsel for the petitioners that the petitioners apprehend threat and obstruction to the proper running of the school from the 4 th
4. The learned Government Pleader submits, on
instructions, that there is no law and order situation at present. In the above view of the matter, this writ petition is disposed of with a direction that in case of any threat or obstruction to the peaceful running of the school by the 4th respondent or any of its members, the petitioners may inform the 3rd respondent, who shall afford adequate protection for the proper conduct of the school without obstruction and shall take steps to see that law and order is maintained. Sd/- ANU SIVARAMAN JUDGE Jvt/1.7.2022 -: 4 :- APPENDIX OF WP(C) 20496/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 14.06. 2022, ISSUED BY 4TH RESPONDENT. Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 13/06/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD