IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32799 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- 1. MATA AMRITANANDAMAYI MATH,AMRITAPURI P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY, SWAMI POORNAMRITANANDA PURI. 2. AMRITA INSTITUTE OF MEDICAL SCIENCE & RESEARCH CENTER, ELAMAKKARA, EDAPPALLY,REPRESENTED BY ITS GENERAL MANAGER (HRD) SIVARAMAKRISHNAN. BY ADVS. SRI.K.SRIKUMAR SRI.K. MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): -------------------- 1. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM-682 031. 2. THE SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION, CHERANELLUR, KOCHI-682 034. 3. UNITED NURSES ASSOCIATION[REG.NO.R-751/2011], AIMS UNIT, REPRESENTED BY ITS OFFICE BEARER MR.SHIJIL.V.S., STAFF NURSES AIMS,RESIDING AT VELIYAPARAMBIL HOUSE, PALAZHI, MANALOOR P.O., THRISSUR DISTRICT-678 513. 4. MR.SANAL P.S., STAFF NURSE, AIMS,RESIDING AT PLATHADATHU,PALLILAMKARA, HMT COLONY P.O.-683 503, PIPE LINE, KALAMASSERRY. R1 & R2 BY STATE ATTORNEY GOVT. PLEADER SRI.SHYSON P. MANGUZHA R3 BY ADV. SMT.T.B.MINI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 32799/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DATED 6.12.2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 32799 OF 2011 ------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The learned counsel for the petitioners submits that settlement talks are only going on and final settlement has not been arrived at. The learned counsel requested that the interim order issued by this court on 8/12/2011 be continued and the writ petition be adjourned to be taken up at later. 2. Smt.T.B.Mini learned counsel appearing on behalf of the 3rd respondent submitted that this is a case where this court will not be justified in exercising its discretionary jurisdiction in favour of the petitioners. The petitioners by their conduct have disentitled themselves to any relief at the hands of this court. Members of the 3rd respondent association were brutally attacked by the management personnel of the 2nd petitioner hospital. The police have registered at least three cases against the various management personnel. Smt. Mini Submitted that at the moment there is no law and order situation. But, she wanted W.P.(C) No. 32799 /2011 2 this court to issue peremptory directions so that, the officers investigating the crimes conducts proper investigation and brings the guilty to book. The learned counsel submitted that it is the members of the 3rd respondent union and the nursing students and employees who are to be given protection and not the management personnel of the 2nd petitioner hospital. 3. Sri.Shyson P.Manguzha learned senior Government on behalf of the State Attorney submitted that this is a case where there is absolutely no necessity to continue the interim order issued by this court. The situation is under control and at the moment there is no law and order situation. The learned Government Pleader submitted that the submissions of Smt.T.B.Mini made on behalf of the 3rd respondent are substantially correct. He points out that Crime No.1907/2011 have been registered against some of the management personnel of the 2nd petitioner hospital alleging offences under Sections 143, 144, 147, 148, 506, 294B, 323, 324, 328, 326 and 120B read with Section 149 IPC. He further submitted that another crime ( Crime No.1918/2011) has been registered against some of the management personnel alleging offences W.P.(C) No. 32799 /2011 3 under Sections 143, 147, 341, 342, 365, 323, 337, 294B, 426, 395, 307, IPC. He also submitted that on the basis of the complaint submitted by the nursing students Crime No. 1930/2011 has been registered under Section 190 (1) (b) of the Police Act. The Government Pleader submitted that continuance of the interim order is not necessary as situation is under control. 4. We have given our anxious consideration to the rival submissions addressed at the Bar. We record the submission of Sri.Shyson P.Manguzha learned Government Pleader and that of Smt.T.B.Mini that the situation is under control and at the moment there is no law and order situation warranting rendition of specific directions. At the same time, we dispose of this writ petition issuing the following directions; i). The first respondent will ensure that officers under him keep constant vigil over the 2nd petitioner hospital and ensure, by taking appropriate action at the appropriate time, that no law and order situation arises or violence erupts on account of any future or subsisting dispute between the petitioners and the members of the 3rd respondent association or for that matter any of the staff or students in the 2nd petitioner hospital. W.P.(C) No. 32799 /2011 4 ii). At all times, it will be ensured that the interest of the patients and the by standers are not affected on account of the dispute between the petitioners and the members of the 3rd respondent association and the 4th respondent. iii). There will be a direction to the officer, who is investigating into the three crimes mentioned by the Government Pleader, to conduct the investigation in a thorough and sincere manner and submit final report before the competent civil court at the earliest. iv). The officers authorised by the first respondent to keep surveillance, will ensure that the lives of not only the management personnel of the 2nd respondent hospital , its non striking doctors, nurses etc. but also of striking nurses and nursing students are safe. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32799 /2011 5