IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
WP(C) NO. 14624 OF 2022
PETITIONER:
KUMARAN NAMBOOTHIRI
AGED 55 YEARS
S/O. NARAYANAN NAMBOOTHIRI, T.C.NO.55/1849, DEVI
NAGAR, KALADY, KARAMANA P.O.,
THIRUVANANTHAPURAM-695002.
BY ADVS.
D.AJITHKUMAR
HARSHA S. NAIR
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN-695010.
2 SUPERINTENDENT OF POLICE,
ERNAKULAM RURAL, POWER HOUSE JUNCTION, SUB JAIL ROAD,
PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT, PIN-683101.
3 SUB INSPECTOR OF POLICE,
KOTHAMANGALAM POLICE STATION, KOCHI-DHANUSHKODI ROAD,
KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN-686691.
4 TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS
SECRETARY.
5 HEADMISTRESS, DEVASWOM BOARD HIGH SCHOOL,
THRIKKARIYOOR, ERNAKULAM DISTRICT, PIN - 686692.
BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14624 of 2022 2
DEVAN RAMACHANDRAN &
SOPHY THOMAS, JJ.
------------------------------------
W.P. (C) No.14624 of 2022
------------------------------------
Dated this the 6th day of May, 2022
JUDGMENT
Devan Ramachandran, J.
The Treasurer of the Employees Federation of the Travancore Devaswom Board has approached this Court alleging that the campus of the "Thrikkariyoor High School", owned and managed by the Devaswom Board is infested with anti-social elements throughout day and night.
2. The petitioner alleges that this is causing extreme vexation to the students and staff of the school, but that the 3 rd respondent-Sub Inspector of Police has not taken any action; and thus, in such circumstances, pray that the 1 st respondent-Director General of Police and the 2nd respondent Superintendent of Police, Ernakulam, be directed to take immediate measures to ensure that the school is able to operate in a safe and serene atmosphere. WP(C) No.14624 of 2022 3
3. On hearing Sri.D.Ajithkumar-learned counsel for the petitioner as afore, we asked Sri.Bijoy Chandran- learned Senior Government Pleader, as to the steps taken by the Police Authorities to ensure that the school is able to operate without detriment from anti-social elements. He explained that, on receipt of the complaint from the petitioner, the Police Authorities have visited the school and ensured that there is continuous patrolling, especially since its assets are without a proper boundary wall. He further submitted that the 3rd respondent-Sub Inspector of Police, will ensure that the school, its students and its staff will be exposed to no harm from any anti-social elements and that this will be made sure on continuous basis.
4. Sri.Biju- learned Standing Counsel for the 4 th respondent- Travancore Devaswom Board, affirmed that the school in question has had several instances of trouble in the past on account of the actions of indeterminate persons with suspicious social antecedents. He also, therefore, prayed that the reliefs in the writ petition be granted.
5. We have considered the afore submissions and have also WP(C) No.14624 of 2022 4 gone through the pleadings on record.
6. There can be little doubt that any school will require an atmosphere conducive to the growth and promotion of well-being of the students. This can be ensured only if the campuses are maintained well protected from all undesirable elements, including anti-social interests.
7. In such perspective, it is apodictic that the 2nd and 3rd respondents are under legal obligation to ensure that the school is protected and that sufficient measures put in place, including patrolling, to save the students and staff from undesirable influence in future.
In the above circumstances, we allow this writ petition, recording the afore submissions of Sri.Bijoy Chandran - learned Senior Government Pleader; with a consequential direction to respondents 2 and 3 to ensure that continuous and effective protection is granted to the school, so as to make sure that no one without the permission of its Principal has access to its campus in any manner, either during the day or in the night. Such vigil shall be maintained by the Police on a regular basis and should any WP(C) No.14624 of 2022 5 person be found illegally trespassing to the campus of the school at any time, necessary action shall be taken against him, to the fullest warrant of law.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
SOPHY THOMAS JUDGE smp WP(C) No.14624 of 2022 6 APPENDIX OF WP(C) 14624/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION DATED 4.4.2022 GIVEN BY PETITIONER TO THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE PETITION GIVEN BY PETITIONER TO THE 2ND RESPONDENT DATED 4.4.2022.
Exhibit P3 TRUE COPY OF THE PETITION DATED 4.4.2022 GIVEN BY PETITIONER TO THE 3RD RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 4.4.2022 GIVEN BY PETITIONER TO THE 4TH RESPONDENT BOARD.
RESPONDENT'S EXHIBITS: NIL.
True Copy P.S to Judge smp