Kerala High Court
Ameesha Ali. C. P vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 30735 OF 2023
PETITIONER:
AMEESHA ALI. C. P.
AGED 18 YEARS
DAUGHTER OF AMEER ALI. C. P, POTTAYIL HOUSE,
NEDIYIRUPPU, KONDOTTY, MALAPPURAM, PIN - 673638
BY ADVS.
V.JOHN MANI
VARGHESE SABU
SETHULAKSHMI K.K.
SHAMEENA K.Y.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
2 DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDINGS, THAMPANOOR-PANAVILA RD,
SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM.,
PIN - 695001
3 REGIONAL DEPUTY DIRECTOR OF EDUCATION
KOTTAPPADY DOWN HILL, MALAPPURAM DISTRICT,
KERALA, PIN - 676519
4 DISTRICT EDUCATIONAL OFFICER MALAPPURAM
B2 BLOCK, CIVIL STATION, MALAPPURAM DISTRICT,
KERALA, PIN - 676505
5 THE PRINCIPAL
GOVERNMENT HSS, KONDOTTY, MELANGADI P. O,
MALAPPURAM DISTRICT, KERALA., PIN - 673648
6 RENJITH
TEACHER, GOVERNMENT HSS, KONDOTTY, MELANGADI P. O,
MALAPPURAM DISTRICT, PIN - 673648
WP(C) NO. 30735 OF 2023
2
7 DAWOOD
TEACHER, GOVERNMENT HSS, KONDOTTY, MELANGADI P.
O, MALAPPURAM DISTRICT, KERALA, PIN - 673648
8 SADHARUDHEEN
TEACHER, GOVERNMENT HSS, KONDOTTY, MELANGADI P.
O, MALAPPURAM DISTRICT, KERALA, PIN - 673648
ADDL.9 KERALA STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS, REPRESENTED BY ITS SECRETARY,
TC 14/2036, SREE GANESH, VANROSS JUNCTION,
NEAR BAKERY JUNCTION, KERALA UNIVERSITY P.O.
THIRUVANANTHAPURAM - 695034
IS IMPLEADED AS ADDITIONAL R9 AS PER ORDER
DATED 25/3/24 IN 1.A. 1/23 OF WP(C) 30735/23
BY ADV
SRI.PREMCHAND R.NAIR.
SRI. NISHA BOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 30735 OF 2023
3
JUDGMENT
The petitioner who was a student of Government HSS ,
Kondotty, has approached this Court being aggrieved by the
action of the 5th respondent Principal in seizing the mobile phone
of the petitioner on 22.08.2023, when she brought the mobile
phone to the School during the examination. According to her,
during the examination, the mobile phone was kept in her bag
which was kept outside of the examination hall. During the
inspection the mobile phone was found and the same was seized
by the 5th respondent. The prayers sought by the petitioner are as
follows:
"i. To issue a writ in the nature of mandamus or such other
writ, order or direction to the respondents 5 to 8 to
return illegally misappropriated mobile phone of the
petitioner.
ii. To issue a writ in the nature of mandamus or such other
writ, order or direction directing the Respondent 2 to 5
to consider the Exts. P.5 to P.8 representations
respectively within a time frame to be fixed by this
Hon'ble Court.
iii. To issue a writ in the nature of mandamus or such other
writ, order or direction directing the 3rd Respondent to
consider the Exts. P.2 representation within a time
frame to be fixed by this Hon'ble Court.
WP(C) NO. 30735 OF 2023
iv. To dispense with filing of vernacular document.
v. To issue such other writs or pass such other Orders as
this Hon'ble court deems fit in the interests of justice."
The learned Government Pleader upon instructions submitted that
as per the circular issued by the Director of General Education
dated 10.10.2019, certain guidelines were prescribed in the matter
of usage of mobile phone by the students. It was specifically
stipulated therein that, the students are not permitted to bring
mobile phone, and in case of any urgency which necessitates
bringing of the mobile phones, the same has to be informed to the
head of the institution and the prior permission in this regard has
to be obtained. It was pointed out by the learned Government
Pleader that in this case no such permission was obtained and the
mobile phone was seized in such circumstances.
2. I have heard Sri.V. John Mani, learned counsel for the
petitioner and Smt.Nisha Bose, learned Government Pleader.
3. Of course it is true that, there is some violation of the
guidelines issued in this regard by the petitioner. But, the fact
remains that the mobile phone was seized as early as on
22.08.2023 and even now the same is in the custody of the 5 th
WP(C) NO. 30735 OF 2023
respondent Principal. The learned Government Pleader could not
bring to the notice of this Court, any provision, which enables the
confiscation of the mobile phone in such circumstances. It is also
reported that now the course of the petitioner is already over and
she is no longer part of the School. In such circumstances, I do
not find any justification in retaining the mobile phone with the 5 th
respondent. This is particularly because of the fact that, there is
no provision which enables the 5 th respondent to retain the mobile
phone forever.
In such circumstances, this writ petition is disposed of
directing the 5th respondent to handover the mobile phone which
was seized from the petitioner, forthwith, on the production of a
copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 30735 OF 2023
APPENDIX OF WP(C) 30735/2023
PETITIONER EXHIBITS
Exhibit. P.1 A TRUE COPY OF MEDICAL CERTIFICATE
DATED 19/08/2023 ISSUED BY DR. ASHRAF
ALI POOVIL AT CHEST HOSPITAL, PAVAMANI
ROAD, CALICUT
Exhibit. P.2 A TRUE COPY OF COMPLAINT DATED
13/07/2023 SUBMITTED BY PETITIONER'S
FATHER AGAINST 8TH RESPONDENT BEFORE
THE 3RD RESPONDENT
Exhibit. P.3 A TRUE COPY OF THE PRESS RELEASE DATED
07/01/2023 ISSUED BY KERALA STATE
COMMISSION FOR PROTECTION OF CHILD
RIGHTS
Exhibit. P.4 A TRUE COPY OF THE COMPLAINT DETAILS
ISSUED BY KONDOTTY POLICE STATION ON
24/08/2023 IN RESPECT OF COMPLAINT
FILED AGAINST THE SCHOOL AUTHORITIES
BY THE PETITIONER.
Exhibit. P.5 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO 2ND
RESPONDENT DATED 14/09/2023.
Exhibit. P.6 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO 3RD
RESPONDENT DATED 14/09/2023.
Exhibit. P.7 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO 4TH
RESPONDENT DATED 14/09/2023.
Exhibit. P.8 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO 5TH
RESPONDENT DATED 14/09/2023.
