IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 4455 of 2011(F) ------------------------- PETITIONER(S): --------------- 1. N.C.LALAN,ETTUKANDATHIL,ARYAD NORTH PO, ALAPPUZHA DISTRICT. 2. PREETHKUMAR.N.V,S/O.VIJAYAN, MANNAMPARAMBIL, PUNNAPRA PO,ALAPPUZHA. 3. ROY P.J,PARALIL VEEDU, PUNNAPRA PO, ALAPPUZHA. 4. SHAJI KUMAR.S,KARAYAMVATTAM, PUNNAPRA PO, ALAPPUZHA. 5. NIJAS.S,S/O.HASSAN,KOOLIKKALAM,KARUR, AMBALAPPUZHA. 6. V.NAZAR,S/O.K.M.BASHEER,KALLOOPRALIL, PUNNAPRA PO, ALAPPUZHA. 7. NIHAS.H,S/O.HASSAN,KOOLIKKALAM,KARUR, AMBALAPPUZHA. 8. AHAMED IQBAL,S/O.MOHD KUNJU, PALLORUTHY, PUNNAPRA VELIL,ALAPPUZHA 9. BASHEER,S/O.ALIKUNJU, THYPARAMBU VELI, VANDANAM PO,NEERKUNNAM. 10. NOUFAL, S/O.BASHEER,THYPARAMBU VELI, VANDANAM PO, NEERKKUNNAM. 11. IQBAL.A,S/O.ABDUL KHADER, SITHAR MANZIL, BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN WPC NO.4455/11 -2- RESPONDENT(S): --------------- 1. THE SUPERINTENDENT, TD MEDICAL COLLEGE HOSPITAL, VANDANAM,ALAPPUZHA 688 011. 2. THE DISTRICT COLLECTOR, ALAPPUZHA 688001 3. STATE OF KERALA REP. BY SECRETARY TO HEALTH DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 4. THE EXECUTIVE ENGINEER,PWD DIVISION, ALAPPUZHA 688 022. GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4455/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE ASST.DRUGS CONTROLLER, KAKKANAD, ERNAKULAM. EXT.P2: COPY OF THE LICENSE ISSUED BY THE ASST.DRUGS CONTROLLER, KAKKANAD. EXT.P3: COPY OF THE LICENSE ISSUED BY THE ASST.DRUGS CONTROLLER, KAKKANAD. EXT.P4: COPY OF THE REPRESENTATION DT 11.8.2009. EXT.P5: COPY OF THE REPRESENTATION WAS ALSOS UBMITTED BEFORE the 1ST RSPODNENT ON 11/8/09. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COUNCIL BEFORE THE MINISTER FOR FINANCE DT 2.9.2009. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT ON 2.9.2009. EXT.P8: COPY OF THE REPRESENTATION. EXT.P9: COPY OF THE PHOTOGRAPHS. EXT.P10: COPY OF THE NEWS PAPER REPORT APPEARED IN MADHYAMAM DAILY DT 15.3.2011. EXT.P11: COPY OF THE NEWSPAPER REPROT APPEARED IN MADHYAMAM DAILY DT 16.3.11. EXT.P12: COPY OF THE NEWSPAPER REPORT APEPARED IN MANGALAM DAILY DT 16.3.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 4455 OF 2011 ===================== Dated this the 9th day of December, 2011 J U D G M E N T Petitioners are merchants having various shops on the western side of the TD Medical College Hospital, Alappuzha. In this writ petition, they are objecting to the construction of compound wall on the western boundary of the hospital compound without any access given from that side. The case of the petitioners is that, if such a compound wall is constructed, patients and bystanders will have no access to the western side and that the interest of the merchants like them will be adversely affected. It is with these allegations, the writ petition is filed. 2. A counter affidavit has been filed by the 1st respondent. A reading of the counter affidavit shows that because of the absence of the compound wall on the western side, there is considerable intrusion of anti social elements and vagabonds in the hospital compound. It is also stated that unnecessary and illegitimate vehicles are also seen parked and free access to the hospital from several sides cannot be permitted, as it will affect the safety of the patients, staff and public at large. Further, it is WPC No.4455/11 :2 : also stated that private hotels and shops dump their waste in the hospital premises and that some people even sell uncovered food in the hospital campus. According to the 1st respondent, it was taking note of these facts that compound wall was ordered to be constructed on the western side. It is also stated that the hospital will have access only from the eastern side which is National Highway side and the front side of the hospital. 3. From the averments in the affidavit, it is obvious that what made the authorities to construct the compound wall on the western side of the hospital is their concern for the safety and security of the hospital and its patients. As far as the lack of access complained of by the petitioner is concerned, affidavit shows that the hospital will have access from the eastern side. Therefore this grievance of the petitioners has no substance. 4. The management of the hospital is primarily the concern and responsibility of the authorities of the hospital and if in that process, they have decided to enclose the hospital with one access from the eastern side of it, this Court will not be justified in sitting in appeal over such a bonafide decision taken by the authorities. I see no reason to interfere with the WPC No.4455/11 :3 : construction of the compound wall. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp