IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 30104 of 2011(K) -------------------------- PETITIONER(S): --------------- M/S.KIMS HEALTHCARE MANAGEMENT LTD., ANAMUGHAM, ANAYARA P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR (ADMINISTRATION), DR.P.MADHUSOODANAN. BY ADV. SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 3. CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 4. MR.SHANAVAS, S/O.M.ABDUL VAHEED, SECURITY GUARD, SAPTHAZEAL, KIMS, ANAYARA, THIRUVANANTHAPURAM, REIDING AT T.C.32/168, SHAJAHAN MANZIL, TRAVANCORE TITANIUM PRODUCTS.P.O. MADHAVAPURAM, THIRUVANANTHAPURAM-695021. 5. MR.RAJESH KUMAR, S/O.M.RADHAKRISHNAN, STAFF NURSE, GRADE-II, KIMS HOSPITAL, ANAYARA, THIRUVANANTHAPURAM, RESIDING AT AMBIKA BHAVAN, KP 9/596, PEROORKADA P.O., THIRUVANANTHAPURAM-695005. 6. MR.AHAMED SHAMEER, M. S/O. MR. MAHEEN ABOOBACKER SR.MEDICAL RECORDS ASSISTANT, KIMS HOSPITAL, ANAYARA, THIRUVANANTHAPURAM RESIDING AT BHEEMA COTTAGE, SARVODAYAM ROAD, SANTHI VILLA, NEMOM, P.O. THIRUVANANTHAPURAM. 7. MR..SURESH KUMAR, S/O. SURENDRAN C., SUPERVISOR - PLUMBER, KIMS, ANAYARA THIRUVANANTHAPURAM RESIDING AT KOSHAKODE VEEDU, THURUVIKKAL P.O. SRA - 41, THIRUVANANTHAPURAM - 695031. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30104/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE REPRESENTATION DATED 7/11/2011 FILED BEFORE RESPONDENTS 2 AND 3. /TRUE COPY/ P.A. TO JUDGE. WPC NO.30104/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 7/11/2011 FILED BEFORE RESPONDENTS 2 & 3 /TRUE COPY/ P..A TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 30104 OF 2011 ------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On 11/11/2011 on considering this writ petition for admission, we passed the following interim order; " In the meanwhile, having regard to the averments in the writ petition and in Ext.P1 produced along with the same and also the submissions of Sri.M.Sreekumar learned counsel for the petitioner, there will be an order directing respondents 2 and 3 to grant adequate and effective police protection for ingress and egress of the staff, and management personnel of the petitioner hospital and also to the patients, bystanders and the visitors coming to the petitioner's hospital at Thiruvananthapuram and going out of the above hospital if any obstruction is caused from the part of the respondents 4 to 7 and persons acting under them. WPC.No.30104/2011 2 It is also clarified that free movement of vehicles to and from the hospital should also be ensured. " 2. The learned counsel for the petitioner submitted that the above interim order be confirmed. Sri.M.Sreekumar learned counsel for the contesting respondents submitted that the contesting respondents are undertaking before this court that they will never interfere with the conduct of the hospital. They have certain genuine grievances against the management and they are only voicing the same through the peaceful agitation. This may not be prevented under the cover of the police protection directions, so submitted the learned counsel. 4. We have heard Sri. Dhanesh Mathew Manjooran learned Government Pleader also. The Government Pleader submitted that at the moment there is no law and order situation and the hospital is functioning normally. 5. Having considered the rival submissions addressed at the Bar, we are of the view that in view of the specific stand taken by the party respondents before this court, no prejudice is going to be occasioned to them by confirming the interim order WPC.No.30104/2011 3 which we have quoted herein above. Hence, we confirm the interim order and dispose of this writ petition accordingly. We make it clear that this judgment confirming the interim order will not amount to acceptance of this court of the allegations levelled in the writ petition against respondents 4 to 7. We also clarify that this judgment will not stand in the way of respondents 4 to 7 and persons under them voicing their grievance by agitating peacefully outside the hospital premises. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk WPC.No.30104/2011 4 WPC.No.30104/2011 5 PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.30104 OF 2011 ------------------------ Dated this the 11th day of November, 2011 O R D E R Pius C.Kuriakose, J. Issue notice on admission by Special Messenger to R4 to R7. The State Attorney takes notice for R1 to R3. The State Attorney will seek instructions from the 3rd respondent as to the correctness of the allegations contained in this writ petition. 2. Post on 16/11/2011. In the meanwhile, having regard to the averments in the writ petition and in Ext.P1 produced along with the same and also the submissions of Sri.M.Sreekumar learned counsel for the petitioner, there will be WPC.No.30104/2011 6 an order directing respondents 2 and 3 to grant adequate and effective police protection for ingress and egress of the staff, and management personnel of the petitioner hospital and also to the patients, bystanders and the visitors coming to the petitioner's hospital at Thiruvananthapuram and going out of the above hospital if any obstruction is caused from the part of the respondents 4 to 7 and persons acting under them. It is also clarified that free movement of vehicles to and from the hospital should also be ensured. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk