P.T.A Bus Management Committee vs State Of Kerala
2021 Latest Caselaw 14316 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                  WP(C) NO. 30749 OF 2019


PETITIONER:

         P.T.A BUS MANAGEMENT COMMITTEE
         KENDRIYA VIDYALAYA
         OTTAPPALAM,S.R.K.NAGAR(P.O),OTTAPALAM,
         PALAKKAD-679103,REPRESENTED MANOJ KUMAR,
         AGED 44 YEARS,S/O KUNJIRAMAN,VENU NIVAS,
         CONVENT ROAD,SHORNUR,PALAKKAD-679121.
         BY ADV SUSEEL M.MENON



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY,
         HOME DEPARTMENT OF KERALA,
         THIRUVANANTHAPURAM-695001.
    2    THE SUPERINTENDENT OF POLICE,
         PALAKKAD,PIN-678010.
    3    THE CIRCLE INSPECTOR OF POLICE,
         OTTAPALAM,PALAKKAD,PIN-679101.
    4    RAVEENDRAN.K,
         S/O UNNIKRISHNAN, KIZHAKEKKATTIL HOUSE,
         PALAPURAM POST,PALAKKAD-679103.
    5    DEVADASAN.T,
         S/O LATE NARAYANAN NAIR,AISWARYA,
         MAYANNUR.P.O,THRISSUR-679105.
    6    MURALEEDHARAN.V.P,
         S/O KESAVA PANICKER,VLIANANGHAT PUTHENVEETTIL
         HOUSE,VEERAMANGALAM,
         CHERUPLASSERY.P.O,PALAKKAD-679503.
    7    DMTEU-CITU,
         REPRESENTED BY ITS SECRETARY ASEEZ,
         A.K.G.MANDIRAM,OTTAPALAM,PALAKKAD-678010.
 ADDL.R8 THE PRINCIPAL, KENDRIYA VIDHYALAYA, S.R.K.NAGAR,
         PALAPPURAM, OTTAPALAM - 679 103
 W.P.(C).No.30749/2019

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            ADDITIONAL R8 IS IMPLEADED AS PER THE ORDER
            DATED 27.11.2019 IN IA 01/19.
            BY ADVS.
            SRI.M.V.BOSE
            SRI.VINOD MADHAVAN
            SRI.SHARATH S.PUTHENPARAMPAN
            SMT.P.M.MAZNA MANSOOR
            R1 TO R3 BY SRI.N.B.SUNIL NATH, GP


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   08.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30749/2019

                                     3




                    P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                    W.P.(C).No.30749 of 2019
              ----------------------------------------------
             Dated this the 08th day of July, 2021


                              JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of mandamus directing respondents 1 to 3 to ensure that office bearers of the petitioner and its employees are not harassed or intimidated by respondents 4 to 7 or their men and agents. Also to ensure the smooth conduct of bus services by the petitioner society for the students of the Kendiya Vidyalaya, Ottapalam.

ii. Issue a Writ of mandamus directing respondents 1 to 3 to provide adequate and sufficient protection to office bearers of the petitioner and its employees to function freely and without fear or harm.

iii. Direct the 1st and 2nd respondents to take action on Ext P-3 petition in accordance with law. W.P.(C).No.30749/2019

iv. Issue any other Writ, Order or direction that this Hon'ble court deems fit and proper in the facts and circumstances of the case.

       v.     Award Cost of this petition.



       2.    Today,    when    this       writ   petition   came   up   for

consideration, the contesting respondents submitted that

there is absolutely no threat from them towards the office

bearers of the petitioner Committee and the averments in the

writ petition are absolutely incorrect. The Government

Pleader submitted that there is no law and order issue. The

Government Pleader also submitted that there is no threat to

the office bearers of the petitioner Committee.

In the light of the above submission, I think this writ

petition can be disposed in the following manner, after

recording the submissions of the Government Pleader and the

contesting respondents:

1. If there is any law and order issue, the

petitioner is free to approach the Station

House Officer concerned with a complaint.

2. If such a complaint is received, the Station W.P.(C).No.30749/2019

House Officer will do the needful in

accordance to law.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.30749/2019

APPENDIX OF WP(C) 30749/2019

PETITIONER ANNEXURE EXHIBIT P1(A) PHOTOCOPY OF THE COMPLAINT LODGED AGAINST THE ABOVE ILLEGAL ACT OF RESPONDENT 4 TO 6 BEFORE THE 3RD RESPONDENT DATED 23.10.2019 EXHIBIT P1(B) PHOTOCOPY OF THE RECEIPT DATED 23.10.2019 EXHIBIT P2 PHOTOCOPY OF THE SETTLEMENT AGREEMENT DATED 24.10.2019 EXHIBIT P3 PHOTOCOPY OF THE COMPLAINT DATED 07.11.2019 EXHIBIT P4 PHOTOCOPY OF THE RECEIPT DATED 07.11.2019.

EXHIBIT P5 TRUE COPY OF THE REGISTRATION CERTIFICATE NUMBETED PKD/CA/34/2018 DATED 27.1.2018