Kerala High Court
Believers Church English Medium ... vs Director General Of Police on 25 August, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21272 of 2011(H)


1. BELIEVERS CHURCH ENGLISH MEDIUM SCHOOL,
                      ...  Petitioner

                        Vs



1. DIRECTOR GENERAL OF POLICE,
                       ...       Respondent

2. THE SUPERINTENDENT OF POLICE,

3. THE DEPUTY SUPERINTENDENT OF POLICE,

4. THE CIRCLE INSPECTOR OF POLICE,

5. THE SUB INSPECTOR OF POLICE,

6. EMGI KRISHNAN, KRISHNAKRIPA,

7. ASHOK KUMAR, THARALVELIYIL,

8. T.M.SANTHOSH, THATTASSERIL,

9. NUHUMAN, MOORIKULAM HOUSE, NEAR PALLI

10. SHYNI JAYESH, NANDANAM, NEAR GURUKRIPA

                For Petitioner  :SRI.CHERIAN GEE VARGHESE

                For Respondent  :SRI.S.SANAL KUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :25/08/2011

 O R D E R
     PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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               W.P.(C) No.21272 of 2011
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        Dated this the 25th day of August, 2011.

                      J U D G M E N T

PIUS.C.KURIAKOSE, J.

This writ petition has been filed by the management of Believers Church English Medium School, Gurupuram, Alleppey, seeking police protection for the life and properties of the petitioner, for the lives of the petitioner's staff and students, for the purpose of ensuring smooth and normal functioning of the school without any sort of obstructions including the entry and access to and from the school, from the part of respondents 6 to 10 and their henchmen. It is alleged that respondents 6 to 10 are representing a small section of the Parents' Teachers Association functioning in the school, who dissenting with the fees structure in the school, which according to the petitioner was agreeable to PTA, are staging dharnas and agitations in front of the school gate, resulting in 2 W.P.(C) No.21272 of 2011 obstruction to the teachers, the staff and students and the school vehicles in the matter of having ingress and egress to the school campus. On considering the averments in the writ petition as well as the various materials produced, particularly Ext.P5 series of photographs, we on 4.8.2011 issued the following the interim order :-

"Issue notice on admission by special messenger to R6 to R10. The Govt. Pleader takes notice for R1 to R5. The Govt. Pleader will seek instructions from R4 or R5 as to the correctness of the averments in the writ petition.

Post on 9.8.2011.

In view of the averments in the writ petition and the submissions of Sri.P.Haridas learned counsel for the petitioner, there will be an interim order directing respondents 4 and 5 to render adequate and effective protection to the petitioner, its staff and to the students of the school-Believers Church English Medium School in the matter of entry and exit to and from the school campus, in case such entry and exit is obstructed in any manner by respondents 6 and 10 or persons acting under them. It should also be ensured that the school bus is not obstructed in the matter of getting into the school campus and getting out of the same."

2. The above interim order is in currency even now. The party respondents have filed a detailed counter affidavit producing Exts.R6(a) and R6(b). Ext.R6(a) is produced to show that the fees levied by a neighbouring school St.Mary's Residential Central School is much lesser than the fees levied by the management of the petitioner school. 3 W.P.(C) No.21272 of 2011 Ext.R6(b) is relied on to show that the local grama panchayat has initiated proceedings for settling the dispute regarding the fees payable by the students to the school. The allegation in the counter affidavit is that, the management is not co-operating with such proceedings.

3. We have heard Sri.P.Haridas learned counsel for the petitioner, Sri.S.Sanalkumar and Smt.Bhavana Velayudhan learned counsel for the party respondents and Sri.T.K.Vipindas learned Government Pleader. Mr.Vipindas on the basis of instructions received submitted that, pursuant to the interim order dated 4.8.2011, adequate protection was given and the school of the petitioner is presently functioning smoothly. Mr.Haridas submits on the basis of averments in the writ petition and learned counsel for the party respondents would make submissions on the basis of grounds stated in the counter affidavit. Having considered the rival submissions, we are of the view that, the party respondents are not justified in staging dharnas and agitations in front of the gate of the school in such a 4 W.P.(C) No.21272 of 2011 manner as to obstruct entry and access to and from the school of the petitioner, its students, staff, vehicles etc of the school.

4. Therefore, the interim order which was issued by us on 4.8.2011 preventing obstructions in the matter of such entry and access, is only to be continued. We confirm the interim order. We dispose of the writ petition directing the management of the petitioner's school to co-operate with the local grama panchayat, in the matter of resolving the dispute which even now subsists between the school management and a section of the PTA in the school, regarding the fees structure to be followed in the school.

PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/