IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 6727 of 2008(A) ------------------------- PETITIONER: ------------ SMT. SREEKUMARI AMMA, D/O.CHELLAMMA AMMA MANAGING DIRECTOR, NIGHTINGALE COLLEGE OF NURSING (KERALA) (P) LTD, COLLEGE ROAD, NEDUMANGADU PIN 605001,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.VINODKUMAR (707/89) SRI.ABRAHAM P.GEORGE SRI.M.K.ROBIN RAJ SMT.K.V.LEKSHMY RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE NEDUMANGADU POLICE STATION.NEDUMANGADU THIRUVANANTHAPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE NEDUMANGADU POLICE STATION.NEDUMANGADU THIRUVANANTHAPURAM DISTRICT. 3. BINU RAJ, BINU BHAVAN KURUPUZHA, ELAVATTOM P.O., NEDUMANGADU. 4. CHANDRAN A, PUSHPA BAVAN, T.C.18/1661 ANAYIDAVAZHI, ARAMADE P.O.,THIRUVANANTHAPURAM. 5. PRAVEEN, PRIYA BHAVAN,KOTTAKUZHI VEEDU PANTHALACODE P.O.,VATTAPPARA. 6. REJITH R.G,RAMAGIRI, VATTIYOORKAVU, KODUNGANOOR P.O. 7. SANTHOSHKUMAR B,OTTAPLAVILA VEEDU KULAKKADA EAST P.O.,KOTTARAKKARA. WPC 6727/08 8. SIBIMON V, SIBI NIVAS,KULAKKODE, IRINCHAYAM P.O.,NEDUMANGADU. 9. UNNIKRISHNAN NAMBIAR,KEEZHOOTTU MADOM POOVATHUR WEST, MAVADY P.O. BY ADV. SRI.GOPAKUMAR R.THALIYAL GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6727/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 3RD RESPONDENT WITH APPLICATION FORM. EXT.P2 - THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 4TH RESPONDENT WITH APPLICATION FORM. EXT.P3 - THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 5TH RESPONDENT WITH APPLICATION FORM. EXT.P4 - THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 6TH RESPONDENT WITH APPLICATION FORM. EXT.P5 THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 7TH RESPONDENT WITH APPLICATION FORM. EXT.P6 - THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 8TH RESPONDENT WITH APPLICATION FORM. EXT.P7 – THE TRUE PHOTO COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR OF THE COLLEGE APPOINTING THE 9TH RESPONDENT WITH APPLICATION FORM. EXT.P8 - THE TRUE PHOTO COPY OF THE COMPLAINT LODGED BY THE PETITIONER TO THE FIRST RESPONDENT PRAYING FOR POLICE PROTECTION. EXT.P9 - THE TRUE PHOTO COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 20.2.2008. RESPONDENTS' EXTS. EXT.R5(a) – TRUE COPIES OF THE SHARE CERTIFICATES ISSUED TO RESPONDENTS 3 TO 9. EXT.R5(b) – TRUE COPY OF THE REPRESENTATION DATED 30.9.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 6727 OF 2008-A ----------------------------------------- Dated 25th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the Managing Director of a Private Limited Company, which is running a self financing Nursing College called Nightingale College of Nursing. . The said Company took over a hospital and respondents 3 to 9 were the employees of that hospital at the time of take over . They are also the shareholders of the Company. Now, they are demanding purchase of their shares by the petitioner. Since she declined to do that, the said respondents are threatening the petitioner and her family members. It is submitted that they have threatened to kidnap her daughter, who is a student of Pariyaram Medical College. So, the petitioner has preferred Ext.P8 representation before the police, seeking protection to her life. The police did not extend any help. Again she filed Ext.P9 representation before the C.I of Police, Nedumangadu and thereafter this writ petition is filed, seeking the following relief: WPC 6727/2008 2 “Issue a writ in the nature of mandamus or such other appropriate writs or direction commanding the 1st and 2nd respondents to provide adequate protection to the life of the petitioner, her family members, students and the staff of the Nightingale College of Nursing,Nedumangadu and its assets from the illegal acts of the respondents, their men and agents in the interest of justice.” 2. The respondents 3 to 9 have filed a counter affidavit, resisting the prayers in the writ petition. According to them, they were appointed by the present Management in the hospital. Substantial amounts were received from them as deposit for appointing them. The amount ranges from Rs.4 lakhs to Rs.1 lakh,, depending upon the nature of the post in which they were accommodated. But, they are not paid any salary. So, they demanded the deposit back. Then they were issued with share certificates, stating that their deposits were converted into shares in the Private Limited Company. They are demanding only payment of salary. They deny all the allegations made against them. In fact, for demanding the salary or in the alternative refund of the deposit, the goondas of the petitioner have manhandled the 4th respondent. He is seriously injured and is undergoing treatment in the Medical College Hospital. A crime has been registered by the police against the assailants. The party respondents have also filed Ext.R5(b) representation before the police, pointing out the attack made on one of them and also seeking assistance of the police to get refund of the amounts WPC 6727/2008 3 deposited by them. They also prayed for protection to their life. So, the party respondents pray for dismissal of the writ petition. 3. The petitioner has filed a reply affidavit, denying the allegations made against her. She also submits that the contents of Ext.R5(b) representation filed before the police are false. 4. Heard the learned counsel on both sides. The learned Government Pleader upon instructions submitted that at present there is no law and order problem, warranting interference by the police. The petitioner wants to get rid of the employees and therefore, this writ petition is filed for the said purpose, it is submitted. 5. Having regard to the nature of the allegations and counter allegations, we feel that this is not a fit case for us to invoke our jurisdiction under Article 226 of the Constitution of India and render protection to the petitioner. The petitioner may invoke the ordinary remedies available to her under the Codes of Civil Procedure and Criminal Procedure. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the WPC 6727/2008 4 petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/