The limited scope of police protection in cases where rights have not been determined by a civil court and the need for due process of law to evict a trespasser.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 2nd respondent herein to consider the representation dated 10.03.2022 and accord police protection to Good Shepherd Matriculation School situated in Vaiyavoor, Kanchipuram and Mr.Stanislaus S. (Principal) and other staff members of the said school from Mr.S.Selvakumar and his associates.)

1. This writ petition has been filed seeking a direction to the second respondent police to consider the representation of the petitioner dated 10.03.2022 and accord police protection to the Good Shepherd Matriculation School situated in Vaiyavoor, Kanchipuram and to the Principal and other staff members.

2. It is the case of the petitioner that their Foundation has established and managing 103 schools in the name of Good Shepherd Schools all over India since 2004. One such school was started at 244, Dharmanayckkan Pattarai, Vaiyavoor village, Kanchipuram. Due to the prevailing management and on advice of Mr.S.Selvakumar, the third respondent herein, the petitioner executed a lease deed in favour of the said school on 13.03.2012.

3. Thereafter, during internal audits of the school, it came to light that huge swindling of monies from the accounts of the said school had taken place at the behest of the third respondent Mr.S.Selvakumar. The same was brought to the notice of the third respondent and warning was also given to him. The third respondent has purchased a bus from the said funds of the school and he was running a private transport business from the illegal gains.

4. When the matter stood thus, the petitioner and other staff members of the petitioner's school entered the school on 18.11.2019, at that time, the third respondent and his associates not only asked them to leave the school but also threatened them of dire consequences. Due to the said threat, a complaint was also filed and on receipt of the complaint, the respondent police issued CSR bearing No.2150/2019.

5. It is the case of the petitioner that Mr.S.Selvakumar was terminated from all his duties and responsibilities from 02.12.2019. Mr.S.Selvakumar has filed an application under Section 156(3) Cr.P.C. The petitioner has also applied for anticipatory bail. The petitioner has also sought a direction against Mr.S.Selvakumar for registering an FIR and a FIR was also registered in Crime No.2183 of 2020 for the offence punishable under Sections 381, 403, 406, 420, 447 and 506(2) of IPC.

6. The third respondent has also filed a suit in O.S.No.385 of 2019 for permanent injunction against the petitioner. The said suit was challenged before this Court in C.R.P.No.2164 of 2020 and this Court has struck off the said plaint. Thereafter, the petitioner wrote a letter dated 13.12.2021, requesting police protection. The concerned police official were in regular communication and follow ups with the DSP, Kanchipuram regarding police protection. Due to Covid lock down they could not visit the school. Once again the petitioner approached the police for protection on 10.03.2022, however orally they refused to accord any protection. Hence, seeking police protection, this writ petition has been filed.

7. It is the case of the third respondent that in a criminal case pending against the petitioner with regard to cheating of school children, he is a prime witness. It is the case of the third respondent that he started the school in the year 2002 with a noble intention to benefit and uplift the dalit and marginalised communities. He started the school in a rented building with the name Elijah Hoff Memorial Good Shepherd Nursery and Primary School. In the year 2004, the petitioner's foundation approached him and asked him to join the foundation so that they will adopt the school and raise funds for the benefit of children by getting donations from the donors who are living abroad through their foundation. Even after the school was adopted by the petitioner's foundation, he