IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 21881 of 2010(I) PETITIONER: --------------- ANGLO INDIAN ASSOCIATION, PERUMANOOR, REPRESENTED BY ITS SECRETARY, PERCY PRAKASIA ARAKKAL HOUSE, THEVARA.P.O. ERNAKULAM DISTRICT. PIN-682015. BY ADV. SRI.S.K.BALACHANDRAN SRI.P.CHARLEY SIMON SRI.T.P.GEORGE SRI.C.K.SIDHIK RESPONDENTS: --------------- 1. DISTRICT EDUCATION OFFICER, ERNAKULAM COCHIN-682011. 2. THE SECRETARY TO GOVERNMENT OF KERALA, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA. 4. CHAIRMAN, AND CORPORATE MANAGER, CENTRAL BOARD OF ANGLO INDIAN EDUCATION, PERUMANOOR, KOCHI-18. 5. THE HEADMISTRESS, C.C.P.L.M. ANGLO INDIAN HIGH SCHOOL, PERUMANOOR, KOCHI-18. GOVERNMENT PLEADER MS.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 21881 OF 2010 I ------------------------------------------------------ Dated this the 3rd day of September, 2010 JUDGMENT The petitioner is Anglo Indian Association, Perumanoor, represented by its Secretary. It is stated that C.C.P.L.M. Anglo Indian High School, Perumanoor is an aided school owned by the Union of Anglo Indian Association, Kerala. It is also stated that even though in the official records the School is managed by the fourth respondent, the day-to-day affairs of the School and its properties are being carried out by the petitioner and other executive members of the Association. It is also stated thus in paragraph 1 of the Writ Petition: “The Union of Anglo Indian Association, Kerala is registered (Reg.No.9/53) under Act II of 1088 ME and now replaced by the Travancore Cochin Literary, Scientific and Charitable Societies Act 1955. The Central Board of Anglo Indian Education is another registered Society of the Anglo Indian Community specifically incorporated to manage the 11 schools of the Community in the State. The President-in-Chief and W.P.(C) NO.21881 OF 2010 :: 2 :: General Secretary of the Union of Anglo Indian Associations Kerala, are ex officio members of this Society. Other members include 6 members nominated by the Governing Committee from among them, Presidents of the Anglo Indian Associations approved by the Union of Anglo Indian Associations, Kerala and having an Anglo-Indian School in its jurisdiction, Local Managers of the Schools, 3 Educational Experts, 6 Consultants, the nominated MP and MLA if approved by the Board. As per the bye-laws of this Board, election of the Chairman, and other office bearers and members of the Administrative Committee has to be conducted every year. But, from 2001 no election was conducted. This issue has caused concern among the members of the Union of Anglo Indian Associations, Kerala and the very functioning of the Union of Anglo Indian Associations are seriously affected due to this. The 4th respondent herein is also the President-in-Chief of the Union of Anglo Indian Associations, Kerala. Several litigations are pending before the various courts in Ernakulam, including before this Hon'ble Court with regard to the functioning of the Union of Anglo Indian Associations, Kerala and the 4th respondent herein.” 2. It is alleged that the office of the fourth respondent was functioning in one of the rooms belonging to the School, which was W.P.(C) NO.21881 OF 2010 :: 3 :: intended to be used as a class room. It is alleged that the class room was converted into an office room of the Anglo Indian Association, Kerala. It is also alleged that the functioning of the office became a nuisance to the functioning of the School. It would appear that unpleasant scenes took place in the premises of the School because of the fight between two factions. 3. It would appear that the President of the petitioner Association submitted a representation before the District Educational Officer complaining about the functioning of the office of the Manager in the premises of the School. Ext.P4 order dated 31.7.2008 was passed by the District Educational Officer directing the office to be removed from the School building. It would appear that Ext.P4 order was not obeyed. Later, the District Educational Officer passed Ext.P5 order dated 19.1.2009 directing the Chairman and Corporate Manager of Central Board of Anglo Indian Education to comply with the order. 4. It is alleged that Exts.P4 and P5 orders were not obeyed. Ext.P6 representation was submitted by the “Local Manager” to the W.P.(C) NO.21881 OF 2010 :: 4 :: District Educational Officer, wherein it is stated as follows: “1. By your aforesaid letter, you directed that the office of the Central Board of Anglo Indian Education now situated adjoining the 4th standard class inside the school premises be shifted. 2. Despite your said directions, the concerned authority has chosen to ignore the same. As an authority obliged to comply with your directions/orders, we hence wrote a letter dated 3.10.2008 to the Circle Inspector of Police, South, Cochin City informing the said officer that an additional lock and key is being installed on the said office premises to prevent its misuse. However, the Chairman and the Board members of the Central Board of Anglo Indian Education then informed us that they are immediately shifting the said office premises. Believing the same, we did not then fix the additional lock and key to the said office premises. 3. However the Chairman and others did not honour their word, and continue to use the said premises even now, violating your orders. Since I am obliged to comply with your orders, I am hence forced to install a new lock and key to the said office premises, over and above the lock already existing, and I am W.P.(C) NO.21881 OF 2010 :: 5 :: handing over a duplicate of the said key to Circle Inspector of Police, Ernakulam South Police Station.” 5. The relief prayed for in the Writ Petition is to issue a writ of mandamus commanding the respondents to take effective steps to comply with the directions contained in Exts.P4 and P5 orders. 6. The learned Government Pleader submitted, on written instructions, that the District Educational Officer visited the School on 15.7.2010 and he has reported that the office of the Central Board of Anglo Indian Education, Perumanoor is not seen functioning in the premises of the School building. The learned Government Pleader also submitted that the Headmistress of the School has also certified the said fact in her letter dated 15.7.2010. 7. The submissions made by the learned Government Pleader are recorded. In the light of the submissions made by the learned Government Pleader, I do not think any further orders are required in the Writ Petition. It is to be taken that Exts.P4 and P5 orders have been complied with. If any violation of Exts.P4 and P5 orders are noticed, the petitioner would be entitled to bring the same to the W.P.(C) NO.21881 OF 2010 :: 6 :: notice of the District Educational Officer, in which case, appropriate urgent action will be taken by the District Educational Officer. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/