IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 10779 of 2010(V) ------------------------------------------------- PETITIONER(S): --------------------- DR.C.A.MOHAN,AGED 50 YEARS, S/O.A.CHELLIAH,RUCKUMONI MEMORIAL DEVI HOSPITAL, PONNAMBI,VELLARADA,THIRUVANANTHAPURAM. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REP:BY ITS SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VELLARADA POLICE STATION,VELLARADA, THIRUVANANTHAPURAM. 3. V.V.SAIDU MOHAMMED,S/O.V.S.VEERAN, T.C.4/1525,KOWDIAR.P.O,THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.SAJAN VARGHEESE K. FOR R3 SRI.LIJU. M.P FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.10779 OF 2010 V PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF COMPLAINT DATED 26.08.2009. EXT.P2TRUE COPY OF REPRESENTATION DATED 27.03.2010. RESPONDENTS' EXHIBITS: EXT.R3(A) TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 13.6.2009 ENTERED BETWEEN THE PETITIONER AND THIS RESPONDENT. EXT.R3(B) TRUE PHOTOCOPY OF THE CHEQUES AND ENDORSEMENTS MADE THEREIN BY THE PETITIONER AND THIS RESPONDENT. EXT.R3(C) TRUE COPY OF THE NOTICE DATED 27.3.2010 ISSUED TO THE PETITIONER AND THE POSTAL RECEIPT. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 10779 OF 2010 V --------------------------------------------------- Dated this the 6th April, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking police protection. 2. Briefly put, the case of the petitioner is as follows: Petitioner is a Doctor by profession. He is running a hospital. He applied for sanction of a medical college and the Government issued No Objection Certificate. The third respondent had advanced an amount of Rs.3 Crores towards share capital. It is stated that the petitioner is ready to pay back the amount with interest. There is reference to threat by the third respondent that if an amount of Rs.5 Crores or transfer of the hospital in the name of the third respondent is not made on or before 31.3.2010, he will eliminate the petitioner and the institution. Exts.P1 and P2 complaints were filed. A Counter WPC.10779/2010 V 2 Affidavit is filed by the third respondent. 3. We heard the learned counsel for the petitioner, learned counsel appearing for the third respondent as also the learned Government Pleader. The Writ Petition is disposed as follows: The interim order is made absolute. However, we make it clear that if the petitioner has a case that the third respondent is interfering with the affairs of the College, it is for him to approach the civil court and obtain appropriate orders, as advised. We also make it clear that the order of police protection for life granted by this Court, is not to be understood that we are pronouncing on the civil rights of the petitioner and the third respondent and if the matter goes to the civil court, the said court will dispose of the matter untrammeled by this Judgment. sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge