IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17850 of 2011(E) -------------------------------------- PETITIONER: ------------------- MUHAMMEED NISSAR, NADULAPPARAMBIL HOUSE, MANJALI, MANDAM P.O ERNAKULAM. BY ADVS. SRI.P.SREEKUMAR, SRI.K.S.MANU (PUNUKKONNOOR). RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE ALUVA RURAL, ALUVA, ERNAKULAM – 683 103. 2. THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA- 680 013. 3. ANIL PADPPANATTU HOUSE, URULANTHANNI P.O, PINAVOORKUDY,KUTTAMBUZHA – 680 013. 4. SHAJI, THURUTHEL HOUSE, URULANTHANNI P.O, PINAVOORKUDY,KUTTAMBUZHA- 680 013. 5. LOCHAN, KANDATHIN KARAYIL, URULANTHANNI P.O, PINAVOORKUDY, KUTTAMBUZHA. 6. JEEMON, PADAPPANATTU HOUSE URULANTHANNI P.O, PINAVOORKUDY, KUTTAMBUZHA – 680 013. 7. SHIBU, PANATHATTIL VEETTIL, KUTTAMPUZHA P.O- 680 013. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 TO R6 BY ADV. SRI.SHAJI JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17850/2011-E: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE LICENSE ISSUED BY THE KUTTAMBUZHA GRAMA PANCHAYATH. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.17850 of 2011-E -------------------------------------------------------- Dated this, the 6th day of July 2011 Judgment Pius.C.Kuriakose, J. This writ petition has been filed by the petitioner, who is the proprietor of Aiswarya Hospital at Kuttampuzha in Kothamangalam taluk, seeking police protection for the functioning of the hospital from the threats raised by respondents 3 to 7 and their men. It is averred in the petition that respondents 3 to 7 are obstructing the peaceful functioning of the hospital on the allegation that a child, who was admitted into the hospital was not given proper medical attention and that the negligence of the hospital and the doctors therein resulted in the death of the child. 2. On considering this writ petition for admission, this court passed the following order on 01.07.2011 : WPC 17850/11 2 “Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 and 2. Issue notice to respondents 3 to 7. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 3 to 7 by special messenger. Verify service and call again on 6.7.2011. 2. There shall be an interim direction to respondents 1 and 2 to afford police protection for the petitioner for the peaceful running of the petitioner's Aiswarya Hospital at Kuttampuzha near Kothamangalam against obstruction, if any, that may be caused by respondents 3 to 7 till the next date of posting i.e, 6.7.2011.” 3. Today, the learned counsel for respondents 3 to 7 sought time to file counter affidavit. We are not inclined to grant time. The stand taken by the petitioner is that from the petitioner's hospital, the child was taken to the Kolencherry Medical Mission Hospital and the death occurred while the child was in that hospital. 4. Having considered the averments in the writ petition and the submissions addressed at the Bar, we feel that if respondents 3 to 7 are having any genuine grievance against the hospital or the doctors therein, their WPC 17850/11 3 remedy lies before the competent civil court. Without foreclosing that remedy, we dispose of the writ petition, confirming the interim order issued by this court on 01.07.2011. The 2nd respondent Sub Inspector of Police shall ensure that there is no threat to the proprietor of Aishwarya Hospital, the doctors working therein and the members of the staff in that hospital, from respondents 3 to 7 or any person acting under them on account of the incident concerning the child by name Akhil, who is no more. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta WPC 17850/11 4