IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21881 of 2010(I)
1. ANGLO INDIAN ASSOCIATION, PERUMANOOR,
... Petitioner
Vs
1. DISTRICT EDUCATION OFFICER, ERNAKULAM
... Respondent
2. THE SECRETARY TO GOVERNMENT OF KERALA,
3. CIRCLE INSPECTOR OF POLICE,
4. CHAIRMAN, AND CORPORATE MANAGER,
5. THE HEAD MISTRESS, C.C.P.L.M. ANGLO
For Petitioner :SRI.S.K.BALACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/09/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 21881 OF 2010 I
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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
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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 hereinis 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
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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
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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 theschool 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
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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
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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/