Kerala High Court
Naduvannur High School Society vs The District Police Chief on 4 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 14778 OF 2024
PETITIONERS:
1 NADUVANNUR HIGH SCHOOL SOCIETY
VAKAYAD, KOZHIKODE DISTRICT, A SOCIETY REPRESENTED BY ITS
PRESIDENT, ASOKAN .C.K, S/O. GOVINDAN NAIR KUNNATH HOUSE,
VAKAYAD POST, VAKAYAD, KOZHIKODE DISTRICT, PIN - 673614
2 O. M. KRISHNAKUMAR
AGED 67 YEARS
S/O. MADHAVAN NAIR, MANAGER, NADUVANNUR HIGHER SECONDARY
SCHOOL VAKAYAD, KOZHIKODE DISTRICT, PIN - 673614
BY ADVS.
K.P.SUDHEER
SHERRY M.V.
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOZHIKODE, OFFICE OF THE DISTRICT POLICE CHIEF, PAVAMANI
ROAD, TAZHEKKOD, KOZHIKODE, PIN - 673004
2 THE INSPECTOR OF POLICE
BALUSSERY POLICE STATION, BALUSSERY, KOZHIKODE DISTRICT,
PIN - 673614
3 P. SREEDHARAN
AGED 76 YEARS
S/O, GOPALAN NAIR, PARAMBIL HOUSE, NADUVANNUR POST,
KOZHIKODE DISTRICT, PIN - 673614
4 RASHEED KOORIKANDY
S/O. AMMADKOYA, KOORIKANDY HOUSE, THIRUVOD POST,
NADUVANNUR KOZHIKODE DISTRICT, PIN - 673614
SMT. REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
[WP(C) Nos.14778/2024, 19666/2024]
2
04.06.2024, ALONG WITH WP(C).19666/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
[WP(C) Nos.14778/2024, 19666/2024]
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 19666 OF 2024
PETITIONER:
NADUVANNUR HIGH SCHOOL SOCIETY
S2/ 50, VAKAYAD POST, NADUVANNUR, KOZHIKODE DISTRICT,
REPRESENTED BY ITS PRESIDENT, ASOKAN .C.K, S/O. GOVINDAN
NAIR, KUNNATH HOUSE, VAKAYAD POST, VAKAYAD, KOZHIKODE
DISTRICT, PIN - 673614
BY ADVS.
K.P.SUDHEER
SHERRY M.V.
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF (RURAL)
VATAKARA, OFFICE OF THE DISTRICT POLICE CHIEF (RURAL),
VATAKARA, KOZHIKODE DISTRICT, PIN - 673101
2 THE INSPECTOR OF POLICE
BALUSSERY POLICE STATION, BALUSSERY, KOZHIKODE DISTRICT,
PIN - 673614
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).14778/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
[WP(C) Nos.14778/2024, 19666/2024]
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JUDGMENT
I am disposing of these writ petitions together
because they have been filed by the same entity and
seek analogous reliefs.
2. While WP(C)No.14778 of 2024 has been filed by
the Naduvannur High School Society (Society) and its
Manager, seeking protection to the petitioners for
conducting the annual maintenance of the 'Naduvannur
High School' - which it says it is administering;
WP(C)No.19666/2024 has been filed by the said Society,
again seeking protection for the purpose of conduct of
its General Body Meeting.
3. Sri.K.P.Sudheer - learned counsel for the
petitioners, explained that the party respondents in
WP(C)No.14778 of 2024 were earlier members of the
Society, who were subsequently not elected; but that
[WP(C) Nos.14778/2024, 19666/2024]
they are now trying to meddle with the affairs of the
Society, as also that of the School. He submitted that
when this was resisted by the petitioner, the said
respondents took law into their own hands and unleashed
various acts of violence; and hence that the
petitioners were constrained to approach the police
seeking protection - both to complete the maintenance
of the School and for conduct of the General Body - but
which did not evoke any response. He submitted that the
petitioners, therefore, have been constrained to
approach this Court through this Writ Petition.
4. Sri.Rekha C.Nair - learned Senior
Government Pleader, however, in response, submitted
that being a School, the police have already intervened
and are ensuring that the petitioners or the staff
members and students of it are not subject to any
threat or intimidation from any source. She added that
law and order has been maintained and that the police
are keeping vigil in the area; which, she added, would
[WP(C) Nos.14778/2024, 19666/2024]
be there even on 08.06.2024, when the General Body
Meeting of the Society is sought to be convened.
5. I notice from the file that even though the
party respondents have been validly served, they have
chosen not to be present in person, or not to be
present through counsel; thus inferentially guiding me
to the impression that he has nothing to offer in
opposition to the reliefs claimed by the petitioners.
6. It is uncontested that the petitioners in
WP(C)No.19666/2024 is managing the Naduvannur High
School. The petitioners assert that the party
respondents were originally its members, but that they
were not elected subsequently and therefore, being
without any authority to intervene in its functioning,
or that of the School. In fact, this is affirmed by the
learned Senior Government Pleader, who says that the
police have already taken cognizance of the complaint
of the petitioners and are maintaining vigil.
[WP(C) Nos.14778/2024, 19666/2024]
7. That said, as far as WP(C) No.14778 of 2024 is
concerned, this Court had passed interim order on
09.04.2024 directing the police to afford adequate and
effective protection to complete its annual maintenance
works. It is conceded today that the maintenance of
work of the School is over; and therefore, that no
further directions are required in it.
In the afore circumstances, I dispose of these Writ
Petition with the following directions:
a) WP(C)No.14778/2024 is allowed, confirming the
afore extracted interim order dated 09.04.2024.
b) WP(C)No.19666/2024 is allowed, directing the 2nd
respondent - inspector of Police to ensure that the
General Body Meeting of the Society convened on
08.06.2024, is continued and completed without any let
or inference from any person; and that law and order
is maintained, continuously in the area during the said
process. Any complaint from any source with respect to
[WP(C) Nos.14778/2024, 19666/2024]
any act which is in defiance of this directions should
be taken note of, leading to necessary consequences,
including registration of Crimes and such other,
without any avoidable delay.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
[WP(C) Nos.14778/2024, 19666/2024]
APPENDIX OF WP(C) 19666/2024
PETITIONER'S EXHIBITS
EXHIBIT P 1 TRUE COPY OF JUDGMENT DATED 29/04/2022 IN W.P.
(C) NO. 14850 OF 2022 PASSED BY THIS
HONOURABLE COURT
EXHIBIT P 2 TRUE COPY OF JUDGMENT DATED 07/08/2023 IN O.S.
NO. 147 OF 2022 ON THE FILE OF THE MUNSIFF'S
COURT, KOYILANDY.
EXHIBIT P 3 TRUE COPY OF INTERIM ORDER DATED 09/04/2024 IN
WP(C) NO. 14478 OF 2024 PASSED BY THIS
HONOURABLE COURT.
EXHIBIT P 4 TRUE COPY OF ANNUAL GENERAL BODY NOTICE DATED
15/05/2024 ISSUED BY THE PETITIONER SOCIETY
EXHIBIT P 5 TRUE COPY OF PETITION DATED 17/05/2024
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT P 6 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED
17/05/2024 ISSUED BY THE 2ND RESPONDENT
[WP(C) Nos.14778/2024, 19666/2024]
APPENDIX OF WP(C) 14778/2024
PETITIONER'S EXHIBITS:
EXHIBIT P 1 TRUE COPY OF ORDER NO.B1/4754/2022 DATED
16/01/2023 ISSUED BY THE DISTRICT EDUCATIONAL
OFFICER, THAMARASSERY
EXHIBIT P 2 TRUE COPY OF JUDGMENT DATED 07/08/2023 IN O.S.
NO. 147 OF 2022 ON THE FILE OF THE MUNSIFF'S
COURT, KOYILANDY
EXHIBIT P 3 TRUE COPY OF PAY IN SLIP DATED 19/03/2024
ISSUED BY THE DEPARTMENT OF TREASURIES TO THE
2ND PETITIONER.
EXHIBIT P 4 TRUE COPY OF LETTER DATED 14/03/2024 ISSUED BY
THE HEADMISTRESS OF NADUVANNUR HIGHER
SECONDARY SCHOOL TO THE 2ND PETITIONER
EXHIBIT P 5 TRUE COPY OF LETTER DATED 22/03/024 ISSUED BY
THE HEADMISTRESS OF NADUVANNUR HIGHER
SECONDARY SCHOOL, NADUVANNUR.
EXHIBIT P 6 TRUE COPY OF PETITION DATED 23/03/2024
SUBMITTED BY THE FIRST PETITIONER TO THE 2ND
RESPONDENT
EXHIBIT P 7 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED
23/03/2024 ISSUED BY THE 2ND RESPONDENT TO THE
FIRST PETITIONER
