IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 23093 of 2010(J) -------------------------- PETITIONER: --------------- P.VIJAYAKUMARI, W/O.N.LAKSHMANAN, RESIDING AT VIMALA, C.N.PURAM, PALAKKAD-5. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, PALAKKAD. 2. S.I. OF POLICE, MALAMPUZHA POLICE STATION, PALAKKAD. 3. S.I. OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. 4. RAJAVALLY M.R., HEAD MISTRESS, PAMM UP SCHOOL, KALLEPULLY, PALAKKAD-5. 5. V.J.LIZAMMA, HEAD MISTRESS, AJB SCHOOL, L.N.PURAM, PALAKKAD-5. 6. GEETHA BAI, HEAD MISTRESS, CMMAJB SCHOOL, MURUKANI, PALAKKAD-5. 7. PTA PRESIDENT, PA.M UP SCHOOL, KALLEPULLY, PALAKKAD-5. 8. SELVEN, PTA PRESIDENT, AJB SCHOOL, L.N.PURAM, PALAKKAD-5. 9. AKHILESH KUMAR, PTA PRESIDENT, CMMAJB SCHOOL, MURUKANI, PALAKKAD-5. 10. CHAIRMAN, PA.M UP SCHOOL SAMRAKSHANA SAMITHI, PA.M UP SCHOOL, KALLEPULLY, PALAKKAD-5. 11. GOPINATHAN, CHAIRMAN, AJB SCHOOL SAMRAKSHANA SAMITI, AJB SCHOOL, L.N PURAM, PALAKKAD-5. 12. NITYANANDAN, CONVENOR, AJB SCHOOL SAMRAKSHANA SAMITI, AJB SCHOOL, L.N PURAM, PALAKKAD-5. 13. CHAIRMAN, CMMAJB SCHOOL SAMRAKSHANA SMITHI, CMMAJB SCHOOL, MURUKANI, PALAKKAD-5. GOVERNMENT PLEADER, SHRI. T K VIPINDAS FOR R1-R3 SRI.K.C.ELDHO FOR R4 TO R13 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23093 of 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE NEWS IN MATHRUBHOOMI DT.2.7.2010 EXT.P2 : TRUE COPY OF NEWS IN MALAYALA MANORAMA DT.2.7.10 EXT.P3 : TRUE COPY OF THE NOTICE GIVEN BY DYSP DT.9.7.2010 EXT.P4 : TRUE COPY OF PETITION FILED BY THE PETITIONER 1.6.10. EXT.P5 : TRUE COPY OF PETITION FILED BY DAUGHTER OF PETITIONER. RESPONDETS' EXHIBITS : EXT.R4(a): TRUE COPY OF THE APPOINTMENT ORDER DT.28/4/09 ISSUED BY THE PETITIONER IN FAVOUR OF KRISHNAN L EXT.R4(b): TRUE COPY OF THE ORDER DT.30.3.10 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.R4(c) : TRUE COPY OF THE LETTER DT.14.6.2010 ISSUED BY THE GRAMA PANCHAYATH TO THIS RESPONDENT. EXT.R4(d) : TRUE COPY OF THE LETTER DT.17/7/10 ISSUED BY THE AEO, PALAKKAD TO THE PETITIONER. EXT.R4(e): TRUE COPY OF THE LETTER DT.4.5.2010 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD TO THE PETITIONER AND THIS RESPONDENT. EXT.R4(f): TRUE COPY OF THE COMMUNICATION DT.7.7.10 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD EXT.R4(g): TRUE COPY OF THE REQUEST OF THE PTA OF 4TH RESPONDENT'S SCHOOL DT.16.4.10. EXT.R4(h): TRUE COPY OF THE COMPLAINT DT.10.7.10 SUBMITTED BY THIS RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION. EXT.R4(i) : TRUE COPY OF THE RECEIPT ISSUE DBY THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION DT.10.7.2010. EXT.R4(j): TRUE COPY OF THE NOTICE DT.14.6.2010 ISSUED TO THE 5TH RESPONDENT. EXT.R4(k) : TRUE COPY OF THE LETTER DT.22.4.2010 ISSUED BY THE AEO, PALAKKAD. EXT.R4(l) : TRUE COPY OF THE REPRESENTATION DT.22.4.10 SUBMITTED BY THE 11TH RESPONDENT ON BEHALF OF THE 5TH RESPONDENT SCHOOL EXT.R4(m) : TRUE COPY OF THE OCMPLAINT SUBMITTED BY THE 8TH RESPONDENT BEFORE THE 3RD RESPONDENT IN JULY 2010. EXT.R4(n) : TRUE COPY OF THE REPRESENTATION DT.21.4.2010 SUBMITTED BY THE 9TH RESPONDENT BEFORE THE PETITIONER. EXT.R4(o): TRUE COPY OF THE NOTICE DT.15.6.2010 ISSUED TO THE 6TH RESPONDENT. EXT.R4(p): TRUE COPY OF THE NEWS PAPER REPORT DT.28.7.10 PUBLISHED IN DESHABHIMANI DAILY. EXT.R4(q) : TRUE COPY OF THE APPLICATION DT.2.2.2009 SUBMITTED BY THE PETITIONER BEFORE THE DPI. EXT.R4(r) : TRUE COPY OF THE AGREEMENT FOR SALE DEED 8.4.2010 EXECUTED BY THE PETITIONER WITH ONE SOUDAMINI. // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 23093 of 2010 J - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking protection for the lives of the petitioner and her husband. 2. Briefly the case of the petitioner is as follows. Petitioner is an old lady. She had undergone an operation for removal of uterus and is under rest. Her husband is a heart patient and had undergone bye pass surgery as also an operation for brain tumor. He is not in a position to move around without assistance. 3. Petitioner is the Manager of three schools. She decided to close down the schools. It is stated that respondents 4 to 13 are threatening the petitioner. 4. A counter affidavit is filed by respondents 4 to 13 producing Exts.R4(a) to R4(r). W.P.(C).No. 23093 of 2010 2 5. We heard learned counsel for the parties, including the learned Government Pleader. 6. The learned counsel for the party respondents submits that the petitioner is not maintaining the school properly. By the attitude of the petitioner the schools will have to be closed. It is also submitted that respondents 4 to 13 have no intention to cause any threat to the live of the petitioner or her husband. 7. In the nature of the apprehension raised by the petitioner, besides recording the submission of the learned counsel for respondents 4 to 13, we direct that in case any threat by respondents 4 to 13 is brought to the notice of respondents 1 to 3, they shall provide adequate protection to the lives of the petitioner and her husband. We make it clear that we have not pronounced on the correctness of the allegations raised by the petitioner and respondents 4 to 13. Any court/forum before which the matter comes up for consideration, the said court/forum shall consider the matter untramelled by anything contained in this judgment. We further direct that this judgment shall W.P.(C).No. 23093 of 2010 3 not stand in the way of implementation of any lawful order passed against the petitioner, in accordance with law. We also make it clear that this judgment shall not stand in the way of considering Ext.R4(g), which is request for repair of the building, in accordance with law. We make it clear that we have not pronounced on the question whether such a request is maintainable in law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm