IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9939 of 2008(G)
1. T.M.HARIPRASAD, S/O.T.KRISHNANUNNI
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM
... Respondent
2. THE SUPERINTENDENT OF POLICE
3. THE SUB INSPECTOR OF POLICE
4. THUVVUR GRAMA PANCHAYATH REPRESENTED
5. KALATHIL KUNHAPPU HAJI
6. P.A. MAJEED
7. THE PARENT TEACHERS ASSOCIATION
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.P.K.SURESH KUMAR
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :28/03/2008
O R D E R
H.L. DATTU, C.J. & K.M. JOSEPH, J.
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W.P.(C) No. 9939 of 2008
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Dated this the 28th day of March, 2008.
JUDGMENT
H.L.DATTU, CJ,
Petitioner claims himself to be the Manager of Tharakkal A.U.P.
School at Thuvvur. Respondents 5 and 6 are the office bearers of a Club by name
Jawahar Sports Club, Thuvvur. It is alleged in the writ petition that the aforesaid
respondents are attempting to trespass into the playground of the School and to
conduct a tournament without permission from the petitioner. It is further stated
that the playground exclusively belongs to the School and as the Manager of the
School, petitioner is entitled to keep possession of the same. It is further stated
that the ownership of the School as well as the playground has been undoubtedly
declared by Exts.P1 to P4 decisions of the civil court.
2. It is the allegation of the petitioner before this court that
respondents 5 and 6, who are supposed to be the office bearers of a Club by name
Jawahar Sports Club, have no right or possession over the playground. Petitioner,
before approaching this court, had made representations before the District
Collector, Malappuram, the Superintendent of Police, Malappuram and the Sub
Inspector of Police, Karuvarakund, Malappuram District to prevent respondents 5
and 6 from trespassing into the playground and to conduct a football tournament.
3. Based on the representation filed by the persons interested, the
District Collector has passed an order directing the Secretary, Thuvvur Grama
Panchayath to stop the tournament until further orders. It appears that it is ordered
for an inquiry to be conducted by the Grama Panchayat.
WPC. 9939/2008. 2
4. Since the District Collector has already issued appropriate orders to the
Grama Panchayat to stop the tournament until further orders, at this stage, it may not be
necessary for us to go into the other details of the writ petition. Placing on record the
memo filed by the learned Government Pleader along with the Annexure dated
26.3.2008, this writ petition is disposed of.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE
K.M. JOSEPH,
JUDGE
sb.