Kumaran Namboothiri vs Director General Of Police
2022 Latest Caselaw 5066 Ker

              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.

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

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

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

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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

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