IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 27024 of 2009(W) -------------------------- PETITIONER(S): --------------- DR.GRACYKUTTY MATHEW, AGED 51,D/O.LATE G.M.MATHEW,PROFESSOR AND HEAD OF DEPARTMENT,DEPT.OF NEUROLOGY,MEDICAL COLLEGE HOSPITAL,KOTTAYAM,RESIDING AT 'DEVAKRIPA', EDAYALIL,AMALAGIRI,KOTTAYAM. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY,MINISTRY OF HOME AFFAIRS, SECRETARIAT,TRIVANDRUM. 2. THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, GANDHINAGAR,KOTTAYAM. 3. THE SUPERINTENDENT OF POLICE, O/O.THE SUPERINTENDENT OF POLICE,KOTTAYAM. 4. THE DEPUTY SUPDT.OF POLICE, (LAW & ORDER),KOTTAYAM. 5. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION,KOTTAYAM. 6. THE SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, GANDHINAGAR,KOTTAYAM. 7. SHRI.T.M.SURESH, SECRETARY,DEMOCRATIC YOUTH FEDERATION OF INDIA, (DYFI),ETTUMANNUR MANDALAM SECRETARY,ETTUMANNUR. 8. SHRI.A.N.RAJAN, MEMBER OF DEMOCRATIC YOUTH FEDERATION OF INDIA, (DYFI),ETTUMANNUR MANDALAM SECRETARY,ETTUMANNUR. 9. SHRI.M.R.SABU, MEMBER OF DEMOCRATIC YOUTH FEDERATION OF INDIA, (DYFI),ETTUMANNUR MANDALAM SECRETARY,ETTUMANNUR. BY ADV. SRI.SURIN GEORGE IPE FOR R7-9 GOVT. PLEADER SRI.P. RAVINDRAN BABU R1, R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 27024/2009 PETITIONER'S EXHIBITS: Ext.P1: The true photocopy of the news item appearing in Mangalam daily dated 23.09.2009. Ext.P2: The true photocopy of the news item appearing in the Malayala Manorama daily dated 23.09.2009. Ext.P3: The true photocopy of the letter dated 22.09.2009 issued to the 2nd respondent by the petitioner. Ext.P4: The true photocopy of the representation dated 23.09.2009 issued from the 2nd respondent to the petitioner. RESPONDENTS' EXHIBITS: Ext.R7(a): True copy of the minutes of the special meeting of the head of the departments convened by the 2nd respondent. Ext.R7(b): True copy of the press report published in Malayala Manorama Daily dated 22.9.2009. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 27024 OF 2009 --------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: i. Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, directing the respondents 3 to 6 to render adequate and meaningful police protection to the petitioner in the matter of her life and property both in the medical college hospital as well as in her residence against acts of threats, interferences, violences to be committed by respondents No.7 to 9 and persons under them, in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus or other appropriate direction calling for the 2nd respondent to make immediate arrangements to safeguard the life and property of the petitioner inside the medical college campus while she is on duty in the interest of justice against acts of violences, threats and interferences to be committed by respondents No.7 to 9 and persons under them. 2. Learned counsel for respondents 7 to 9 submits that apart from pointing out certain irregular conduct on the part of the petitioner before the authorities concerned, respondents 7 to 9 have not caused any W.P.(C) NO. 27024/2009 2 hindrance or obstruction to the work of the petitioner or at her residence. The learned Government Pleader submits that the Medical College is very near to the police station and though the petitioner had not submitted any complaint, the police have taken necessary steps to ensure that law and order is maintained and that there is a police picket round the clock inside the hospital. It is also submitted that the police will render necessary protection to the petitioner in case any complaint is received in respect of any obstruction or hindrance for the work of the petitioner or for peaceful life at her residence and also for the life of the other members of her family and her property. The above submissions are recorded. Accordingly, the Writ Petition is disposed of, making it clear that in the unlikely event of any obstruction or hindrance caused by respondents 7 to 9 or others, the police will take prompt action to protect the life and property of the petitioner and members of her family and ensure the smooth discharge of her official duties. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 27024/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.27024/2009 JUDGMENT 9th October, 2009 W.P.(C) NO. 27024/2009 4