The Court made absolute the interim order restraining respondents from obstructing the school. The court closed the writ petition without prejudice to the petitioner's claims for payment.
The interim order is made absolute; the writ petition is closed without prejudice to claims for payment of amounts.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
WP(C) NO. 17641 OF 2022
PETITIONER:
ANAND BHAVAN CENTRAL SCHOOL, AFFI. NO. 930809, ANCHAL P.O, KOLLAM 691 306, REPRESENTED BY ITS PRINCIPAL, REKHA J.O, AGED 42 YEARS, D/O. N. JANARDHANA PILLAI, SIVASAILAM, CHADAYAMANGALAM P.O, PUNALUR, KOLLAM DISTRICT- 691 534. BY ADVS. MANOJ RAMASWAMY JOLIMA GEORGE JISHA SASI C.B.SABEELA APARNA G. CHINNU ROSE MARY THOMAS
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, KOLLAM RURAL, KOLLAM DISTRICT, KOLLAM 691 001. 2 THE STATION HOUSE OFFICER, ANCHAL POLICE STATION, KOLLAM DISTRICT 691 305. 3 ABDUL MANAF, CHARUVILA PUTHENVEEDU, KOTTUKKAL P.O, KOLLAM DISTRICT691 306. 4 SALIM A, AMINA MANZIL, KOTTUKKAL P.O, KOLLAM DISTRICT 691 306. 5 SURESH GOPINATH, VENGUVILA VEEDU, THAZHAMEL P.O, KOLLAM DISTRICT- 691 312. 6 SUNILKUMAR, SUNI VILASAM, AGASYAKODU, KOLLAM DISTRICT, 691 307. 7 SUDARSANA BABU, BABU VILASAM, THOITHALA, KOLLAM DISTRICT 691 331. 8 PRADEEP, PRADEEP SADANAM, MALAVATTOM, KOLLAM DISTRICT- 691 306. BY ADV M.R.SASITH BY SRI. T.K. SHAJAHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17641 OF 2022
2
JUDGMENT
Dated this the 15th day of September, 2022
It is submitted by the learned counsel appearing
for respondents 4 and 5 that there is no longer any law and order situation and that respondents 4 and 5 do not intend to cause any obstruction to the peaceful conduct of the school or the transportation of the students to the school.
WP(C).No.17641 OF 2022
3
The writ petition is closed, without
prejudice to any of the contentions of the parties or claims or disputes with regard to payment of amounts, if
any, by the petitioner.
Sd/ANU SIVARAMAN JUDGE
SSK/15/09
WP(C).No.17641 OF 2022
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APPENDIX
PETITIONER EXHIBITS
| Exhibit P1 |
TRUE COPY 25.10.2021 RESPONDENT |
OF THE REPRESENTATION DATED SUBMITTED BEFORE THE 1ST . |
|---|---|---|
| Exhibit P2 | TRUE COPY | OF THE COMPLAINT DATED |
| 05.05.2022 RESPONDENT |
SUBMITTED BEFORE THE 2ND ALONG WITH THE RECEIPT. |
|
| Exhibit P3 | TRUE COPY | OF THE COMPLAINT DATED |
| 27.05.2022 RESPONDENT |
FILED BEFORE THE 2ND ALONG WITH THE RECEIPT. |
|
| EXHIBIT P4 | TRUE COPY | OF THE COMPLAINT DATED |
| 08.06.2022 RESPONDENT |
SUBMITTED BEFORE THE S. |
|
| EXHIBIT P5 | TRUE COPY | OF THE COMPLAINT DATED |
| 26.07.2022 RESPONDENT |
SUBMITTED BEFORE THE S. |
|
| EXHIBIT P6 | TRUE COPY OF THE BUS |
OF THE STATEMENT OF DRIVER NO.7. |
| EXHIBIT P7 | TRUE COPY OF THE BUS |
OF THE STATEMENT OF DRIVER NO.6. |
2 issues framed by the court
Whether the interim order made in the interim status is to be made absolute given assurances by respondents not to obstruct the school.
How to dispose of the writ petition while preserving the petitioner's right to claim payment of amounts.
Anand Bhavan Central School
The District Police Chief, Kollam Rural
The Station House Officer, Anchal Police Station
Abdul Manaf
Salim A
Sureesh Gopinath
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
