Petitioner sought protection from alleged threats by head mistresses/school PTA presidents. Court directed police to provide protection if threats occur without adjudicating conflicting claims or school management disputes.
Direction to respondents 1-3 to provide adequate protection to petitioner and her husband if any threat is brought to their notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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:
PALAKKAD-5.
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 :
// TRUE COPY//
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
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.
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.
to close down the schools. It is stated that respondents 4 to 13
are threatening the petitioner.
2
W.P.(C).No. 23093 of 2010
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.
Judge
(M.L. JOSEPH FRANCIS) Judge
tm
3 issues framed by the court
Whether to grant protection to the petitioner and her husband against alleged threats.
Whether the apprehension of threat outweighs the respondent school principals' defense of maintaining the school affordably.
Whether to direct police protection if further threats are brought to their notice.
P. VIJAYAKUMARI
SUPERINTENDENT OF POLICE, PALAKKAD
S.I. OF POLICE, MALAMPUZHA POLICE STATION
S.I. OF POLICE, TOWN NORTH POLICE STATION
RAJAVALLY M.R.
K.M. JOSEPH
M.L. JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
