IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 17451 of 2008(C) -------------------------- PETITIONER: ------------ DR. SUDHA HARINDRA BABU, PRANAVAM, VIDYA NAGAR, ''KIZHAKKEKKARA, KOTTARAKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA,KOLLAM. 4. SUB INSPECTOR OF POLICE, KOTTARAKKARA, POLICE STATION 5. R.RAJESH, SECRETARY, MANDALAM COMMITTEE, DYFI, OFFICE OF THE INDIAN COMMUNIST MARXIST PARTY, KOTTARAKKARA. 6. T.SUNILKUMAR, JOINT SECRETARY, AIYF DISTRICT COMMITTEE, SURENDRA BHAVAN, KOTTARAKKARA. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & 2 DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.17451/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE FIR IN CRIME NO.637/08 OF KOTTARAKKARA POLICE STATION. EXT.P2: TRUE COPY OF NEWS ITEMS APPEARED IN MALAYALA MANORAMA AND MATHRUBHOOMI DAILIES DATED 7.6.08. EXT.P3: TRUE COPY OF COMPLAINT DATED 8.6.08. EXT.P4: TRUE COPY OF COMPLIANT DATED 9.6.08 SUBMITTED BEFORE THE 4TH RESPONDENT. EXT.P5: TRUE COPY OF POSTAL RECEIPTS. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.17451 OF 2008 ----------------------------------------------------- DATED THIS THE 23rd DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is running a private hospital. One of her patients died on 4.6.2008. Alleging that the death was due to medical negligence, the 5th respondent along with his supporters came to the hospital and held a 'dharna' on the morning of 8.6.2008. Their demand was to pay compensation to the dependents of the deceased lady. The demonstrators obstructed patients and staff. On the same day, in the afternoon, the 6th respondent along with his supporters came and caused obstruction to the functioning of the hospital. Damages were also caused to it by breaking the window glasses, furniture, etc. The police have already registered a crime, on the basis of the information lodged regarding the damages caused by the 6th respondent. But, the police have not taken any action against the 5th respondent or his supporters. The petitioner submits, the death of the patient was not due to any medical negligence. She moved the police for necessary protection. But they are not W.P.(C)No.17451/08 -2- taking any effective steps. Hence this writ petition, seeking the following reliefs. “a) issue a writ in the nature of mandamus or other appropriate writ, order or direction commanding respondents 1 to 4 to accord adequate protection to the lives of the petitioner, the doctors and staff members and patients of Pranav Hospital, belonging to the petitioner; (2) issue a writ in the nature of mandamus or other appropriate writ, order or direction commanding respondents 1 to 4 to accord adequate protection to the smooth and peaceful functioning of Pranav Hospital, belonging to the petitioner. 2. The 5th respondent appeared through counsel and submitted that he has no intention whatsoever to cause obstruction to the functioning of the hospital. The allegations made against him in the writ petition are denied by him. 3. If any physical obstruction is caused to the running of the hospital by the protestors, the petitioner may inform the 4th respondent. In that event, the said respondent shall remove the obstruction. But the police shall not interfere with the peaceful W.P.(C)No.17451/08 -3- demonstrations or meetings held outside the compound of the hospital by the 5th or 6th respondent to highlight their grievances regarding the death of the patient. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn