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Anilkumar

High Court Of Kerala|01 October, 2014
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JUDGMENT / ORDER

This writ petition is filed by father of the disabled boy by name Ananthu. It appears that the boy is 40% blind and studying in 9th standard in the Government High School, Perungalam. The case of the petitioner is that on 21.7.2014 at about 9.30 a.m., the petitioner's son was assaulted by one Sensila Bose, a resident of the Laksham Veedu Colony, Perungalam inside the school compound in the presence of several other students. The petitioner has submitted Ext.P2 complaint before the Head Master. The petitioner has also approached the Deputy Director of Education, Kollam by Ext.P3. The petitioner has approached this Court alleging non- consideration of the complaints made by the petitioner.
2. The learned Government Pleader, on instructions, submits that the enquiry has been initiated by the second respondent and considering the nature of the incident, a warning was issued to the alleged offenders.
W.P.(C) No.24918 of 2014 2 No doubt, a child like the petitioner's son need benevolent consideration. Prima facie, this Court is of the view that any verbal abuse or threat may create emotional imbalance affecting future of the child as well. The offender might have acted under sudden provocation and may be repenting about incident. In such situation, a conciliatory approach may be conducive for the best interest of the child. Nature of action is depends upon gravity of the offence and motives of the offender. The third respondent is the authority in such circumstance to act for the 'best interest' of the child. Therefore, the third respondent shall inquire into the matter and considering the well being of the child and also the interest of the school and future of the child to take appropriate decision in the matter. Needful shall be done within a period of four weeks from the date of receipt of a copy of this judgment. The petitioner shall produce copy of this judgment along with the writ petition before the third respondent for compliance.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

Anilkumar

Court

High Court Of Kerala

JudgmentDate
01 October, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • Kumar