Sudheer .G vs State Of Kerala
2023 Latest Caselaw 2680 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                       WP(C) NO. 40756 OF 2022
PETITIONERS:

     1     SUDHEER .G
           AGED 52 YEARS
           HEADMASTER, PTM HIGHER SECONDARY SCHOOL,
           KODIYATHUR P.O, KOZHIKODE DT., PIN - 673602
     2     P.K. MOOSA
           CORPORATE MANAGER, E.M.E.A CORPORATE EDUCATIONAL AGENCY
           KUMMINIPARAMB P.O, KONDOTTY, MALAPPURAM DT., PIN - 673638

           BY ADVS.
           M.MUHAMMED SHAFI
           T.RASINI
           AYISHA AFRIN A.V.K.


RESPONDENTS:

     1     STATE OF KERALA
           REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME,
           SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
     2     THE DISTRICT POLICE CHIEF
           KOZHIKODE RURAL, VADAKARA, KOZHIKODE DT., PIN - 673602
     3     THE STATION HOUSE OFFICER
           MUKKAM POLICE STATION, MUKKAM, KOZHIKODE DT.,
           PIN - 673602
     4     SULFIKER ALI P.P
           AGED 49 YEARS
           PALAKUZHI, KARAKKUTTY, KODIYATHUR, KOZHIKODE DT.,
           PIN - 673602
     5     ASEES PALAKUZHI
           AGED 49 YEARS
           S/O MUHAMMED PALAKUZHI, KARAKKUTTY, KODIYATHUR,
           KOZHIKODE DT., PIN - 673602
     6     SHIHAB .P
           AGED 38 YEARS
           S/O KUNJOYI .P POOLAKALODI, KARAKKUTTY, KODIYATHUR,
 WP(C) NO.40756 OF 2022
                                 2

         KOZHIKODE DT., PIN - 673602
    7    AKHIL DAS CK
         AGED 25 YEARS
         S/O DASAN, CHERUKUNNATH, KARAKKUTTY, KODIYATHUR,
         KOZHIKODE DT., PIN - 673602
    8    ASEES EDAKANDI
         AGED 33 YEARS
         S/O MOIDEEN, KARAKKUTTY, KODIYATHUR, KOZHIKODE
         DT., PIN - 673602
    9    ADDL.R9 KODIYATHUR GRAMA PANCHAYATH,
         REP. BY ITS SECRETARY, CHERUVADY, KODIYATHUR P.O,
         KOZHIKODE DT. 673602
   10    ADDL.R10 THE SECRETARY,
         KODIYATHUR GRAMA PANCHAYATH, CHERUVADY,
         KODIYATHUR P.O, KOZHIKODE DT. 673602 [ADDL.R9 AND
         R10 ARE IMPLEADED AS PER ORDER DATED 22/12/2022
         IN I.A-1/22 IN WP(C) 40756/2022]
   11    ADDL.R11 RAZAK VILAKKOTIL,
         VILAKKOTTIL HOUSE KODIYATHURP.O, KOZHIKODE
         DT.673602.
   12    ADDL.R12 ABDURAHIMAN,
         VILAKKOTTIL HOUSE, MATTAMURI, KODIYATHURP.O.
         KOZHIKODE DT.673602
   13    ADDL.R13 ABDUL KHADER,
         VILAKKOTTIL HOUSE, KODIYATHUR P.O, KOZHIKODE
         DT.673602. [ADDL.R11 TO R13 ARE IMPLEADED AS PER
         ORDER DATED 23/02/2023 IN I.A NO-1/2023 IN WP(C)
         40756/2022]

         BY ADVS.
         SRI. E.C. BINEESH, GP
         M.MUHAMMED SHAFI
         ASHRAF E S
         DIPU JAMES


     THIS WRIT PETITION    (CIVIL) HAVING COME UP      FOR
ADMISSION ON 01.03.2023,   THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.40756 OF 2022
                                    3

                          JUDGMENT

Dated this the 1st day of March, 2023

The 1st petitioner is the Headmaster of a High School in

Kodiyathur. The 2nd petitioner is the Corporate Manager of the

E.M.E.A Corporate Educational Agency. They are before this

Court seeking to direct respondents 1 to 3 to provide adequate

and sufficient police protection to the staff and students of the

PTM Higher Secondary School, Kodiyathur, for plying Buses

owned by the School.

2. The petitioners state that the School is having 50

years history and there are 2500 students studying now.

School Buses are used to transport the students from their

residences to School and vice-versa. Respondents 4 to 8 are

obstructing the School Buses alleging that the road is too

narrow and it is dangerous for general public to ply huge

School Buses through the road.

WP(C) NO.40756 OF 2022

3. The petitioners state that the petitioners have all the

licences and permits to run the School as well as to ply the

School Buses. The petitioners emphatically denied the

allegation that the roads through which their School Buses

pass are too narrow. According to the petitioners, all the roads

have sufficient width. The obstruction caused by respondents

4 to 8 is motivated. Though the petitioners filed complaint

before the 3rd respondent, the 3rd respondent is not extending

any police protection to ply School Buses.

4. The petitioners impleaded the additional 9 th

respondent-Kodiyathur Grama Panchayat and the additional

10th respondent-Secretary to the Grama Panchayat. The

petitioners allege that during the pendecy of this writ petition,

additional respondents 11 to 13 have constructed a compound

wall on the side of the road with the ulterior motive of

restricting the movement of the petitioners' School Buses

through the road. The petitioners would submit that they have

filed complaint against such construction before the Panchayat WP(C) NO.40756 OF 2022

authorities and the Panchayat authorities are not taking

expeditious action. The construction of the compound wall is

intended to prevent the petitioners from running School Buses.

The construction is encroaching public land.

5. Counsel entered appearance on behalf of

respondents 4 to 8 and 11 to 13. The contesting respondents

controverted all the allegations made by the petitioners in the

writ petition. It is submitted that roads in the area are too

narrow and the Buses owned by the petitioners are big.

Running of those Buses during peak hours in the morning and

evening causes considerable difficulties to the general public,

the pedestrians and other vehicles. According to the

contesting respondents, there is an alternate road to reach the

School premises. The petitioner would, however, controvert

the said statement.

6. The Panchayat entered appearance through

Standing Counsel. On behalf of the Panchayat, it is submitted

that a complaint has been received from the petitioners as WP(C) NO.40756 OF 2022

regards construction of a compound wall and a notice has

been issued to the respondent in the complaint on 29.12.2022.

The Panchayat will be taking action in accordance with law.

7. Government Pleader entered appearance on behalf

of respondents 1 to 3 and submitted that if there is any law

and order problem or traffic blockage arising in the area, the

police will be interfering in the matter, if such a complaint is

received.

8. I have heard the learned counsel for the petitioners,

Sri.Deepu James, counsel for respondents 4 to 8 and 11 to

13, Sri.E.S.Ashraf, Standing Counsel for respondents 9 and

10 and the learned Government Pleader representing

respondents 1 to 3.

9. It is not in dispute that the petitioners are

conducting a School and School Buses are deployed for

convenience of the students. The grievance projected by the

petitioners is that respondents 4 to 8 are obstructing the

movement of School Buses alleging that plying of School WP(C) NO.40756 OF 2022

Buses through the road creates danger to them.

10. Respondents 4 to 8 would submit that plying of

School Buses through the narrow road is a real threat to the

general public. However, respondents 4 to 8 submitted that

they have not caused any physical obstruction to the

movement of the School Buses.

11. The petitioners are running the School as per

licences and permissions obtained from the competent

authorities. The School requires plying of the Buses for

transporting the students. If respondents 4 to 8 have any

grievance regarding plying of the Buses through narrow road,

respondents 4 to 8 shall approach the competent Traffic

Regulatory Authorities for redressal of grievance.

Respondents 4 to 8 cannot take law into their hands and

physically obstruct the Buses.

12. Similarly, if the petitioners have any grievance

regarding construction of a compound wall by additional

respondents 11 to 13, it is for the petitioners to file complaints WP(C) NO.40756 OF 2022

before the Local Self Government Institutions in this regard. In

fact, the petitioners have already filed complaint in the month

of December, 2022 and the Standing Counsel for the

Panchayat would submit that a notice has already been issued

and proceedings will be brought to an end expeditiously.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 3 rd respondent that if the 3rd

respondent receives a complaint from the petitioners regarding

obstruction to plying of School Buses, the 3 rd respondent shall

interfere in the matter and facilitate smooth plying of the

petitioners' School Buses. It is made clear that this will be

subject to any orders that may be passed by Traffic

Regulatory Authorities in the matter.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.40756 OF 2022

APPENDIX OF WP(C) 40756/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 08-12-2022 SUBMITTED TO THE RESPONDENTS

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 09-12-

2022 ISSUED BY THE MUKKOM POLICE