High CourtsDivision Bench(2010) 08 KL CK 0221

Sr. Treasa Chacko, Secretray, Dr. Janet Augustine and Sr. Stella Sementhi, Principal vs Superintendent of Police and Others

High Court Of Kerala · Decided on 4 August 2010

HON’BLE JUDGES
Thottathil B. Radhakrishnan, J · S.S. Satheesachandran, J
CASE NUMBER
Writ Petition (C) No. 23826 of 2010 (C)

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Judgment

4 paragraphs · 365 words

Thottathil B. Radhakrishnan, J.—The private respondents have been served notice through Special Messenger. None appears.

2.

The 1st petitioner is the Secretary of a Society, which runs educational institutions. Petitioners 2 and 3 are institutions coming under the 1st petitioner. The 2nd petitioner is the Principal of a Women''s College and the 3rd petitioner is the Principal of a Girls School. The institutions allege that there is unauthorised intervention in the construction of the Women''s Hostel and also in the construction activities going on in the premise of the petitioners on demand of uttimary cooli, which itself is an illegal demand.

3.

For one thing, one person or group of persons including any trade union is not entitled to make any claim for payment of any amount, except as may be due in accordance with the statutory law. The Head Load Workers Act is not applicable to the situation in hand. The private respondents do not appear and project any such case. Not only that, when the establishments relate to the upbringing and education of girls and women, it needs to be emphatically stated that there can be no situation where the presence of outsiders are permitted, except to the extent permitted by the authorities in charge of the educational institutions. This is a matter not only of discipline, but for the purpose of the protection of the girls and women. Under such circumstances, we are of the view that the petitioners are entitled to the reliefs as sought for in this writ petition.

4.

Therefore, we affirm the interim order issued by this Court on 30.7.2010, by which, the 1st respondent, Superintendent of Police, would have taken cognizance of Ext.P5 complaint and we further direct that respondents 1 to 3 will provide adequate protection to the life and property of the petitioner and their institutions for the construction works and for smooth functioning of the establishments. Absolute care and protection shall be given to the lives of the petitioners, their employees, workers and students studying in the institutions. We also record the statement of the learned Govt. Pleader that the police have already taken action to provide adequate protection. Writ petition is ordered accordingly.