IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 37627 of 2009(W) -------------------------- PETITIONER: --------------- OMANA SREERAM, AGED 58 YEARS, MANAGER, V.H.S.S, KUIZHIKKALIDAVAKA, KARIMPINPUZHA, PANGODE.P.O, KOLLAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 5. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR. 6. CIRCLE INSPECTOR OF POLICE, EZHUKONE, KOLLAM DISTRICT. 7. SUB INSPECTOR OF POLICE, EZHUKONE, KOLLAM DISTRICT. WP(C).No. 37627 of 2009(W) - 2 - 8. A.G. HAREEDRANATH, AGED ABOUT 36 YEARS, NON VOCATIONAL TEACHER IN ENGLISH, (UNDER SUSPENSION), RESIDING AT AYANIVELI, PORUVALI.P.O. SASTHAMCOTTA, KOLLAM. 9. BABU, AGED ABOUT 40 YEARS, DISTRICT SECRETARY KSTA, DISTRICT COMMITEE OFFICE, KOLLAM (P.D. TEACHER GOVT. TOWN UPS NEAR COLLECOTRATE, KOLLAM. 10. ANITHA VASATH HEADMISTRESS, V.H.S.S, KUZHIKKALIDAVAKA, KARIMPINPUZHA, PANGODE.P.O, KOLLAM. 11. T.R. MAHESHKUMAR, HSA (SS), V.H.S.S, KUZHIKKALIDAVAKA, KARIMPINPUZHA, PANGODE.P.O, KOLLAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ************************* W.P(C) No.37627 of 2009 ****************************** Dated this the 27th day of January 2010 JUDGMENT BASANT, J. This petition is for police protection. The petitioner is the manager of an aided private school. She has, it is submitted, suspended the 8th respondent, who was employed in the private aided school. That suspension, it is submitted at the Bar, has already been approved by the educational authority. Additional charges have been framed against the 8th respondent. Some teachers and students are raising objections against the continuance of the disciplinary proceedings against the 8th respondent. Students are being instigated. Some members of the local public are also being instigated by interested persons, it is contended. This makes the peaceful running of the school impossible. The petitioner had approached the police to redress her grievances. But no effective action is being taken by the police. It is, in these circumstances, that the petitioner has come to Court. 2. The Bench before which the matter came up for admission on 04.01.2010 passed the following order. W.P(C) No.37627 of 2009 2 “Notice before admission. G.P to file a statement. The second respondent shall conduct an enquiry into the affairs of the school in the light of the allegations made in the Writ Petition and file a factual report. Police shall see that law and order is maintained.” 3. Thereafter the matter has come up before us today. The 6th respondent has filed a statement. It will be relevant to extract para.2 of the said statement, which reads as follows: Para.2: It is reported that the 2nd respondent, Director of Vocational Higher Secondary Education is conducting an enquiry to settle the matter amicably as directed by this Hon'ble Court. It is further submitted that at present there is no law and order problems in the school premises so as to prevent the smooth functioning of the school and there is no threat to the life and property of the petitioner also. If any obstruction caused either to the functioning of the school or any threat towards the life of the petitioner, the police will effectively intervene in the matter and provide adequate protection to the life and property of the petitioner and will also ensure that smooth functioning of the school is not interrupted. 4. The learned Government Pleader submits that the 2nd respondent is conducting an enquiry as directed. But the enquiry is not complete. The needful shall be done by the 2nd respondent, assures the learned Government Pleader. 5. In the light of the statement filed by the 6th W.P(C) No.37627 of 2009 3 respondent, particularly para.2 thereof, which we have already extracted above, we are satisfied that there is absolutely no necessity for us to issue any further or more specific directions. We are satisfied that the police, including the 6th respondent, shall take such action as is necessary as assured by the 6th respondent in para.2 above. 6. Accepting the submissions of the 6th respondent in para.2 of the statement extracted above, we are satisfied that no further directions are necessary. We have no reason to assume that the undertaking in para.2 shall not be complied with by the 6th respondent and other police officials. In these circumstances, accepting the undertaking of the 6th respondent in para.2 of his statement extracted above, we are satisfied that no specific directions are now necessary in this Writ Petition. 7. This Writ Petition is accordingly dismissed accepting the submissions of the 6th respondent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) W.P(C) No.37627 of 2009 4 rtr/-