IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 7782 of 2011(W) ------------------------- PETITIONER: ------------------ SYED, 50 YEARS, S/O.MOOSA HAJI, (CHITRAMPALLY HOUSE), CO-ORDINATOR AND SECRETARY, DAYA HOSPITAL, NOOLAKKAL, TANUR. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676505. 2. THE DY.SUPERINTENDENT OF POLICE, TIRUR-676 101. 3. THE CIRCLE INSPECTOR OF POLICE, TANUR-676 302. 4. THE SUB INSPECTOR OF POLICE, TANUR-676 302. 5. BASHEER, ANDIKADAVATHU HOUSE, TAHA BEACH, TANUR-676 302. 6. SIRAJ, ANDIKADAVATH HOUSE, TAHA BEACH, TANUR-676 302. 7. NISAR, ANDIKADAVATH HOUSE, TAHA BEACH, TANUR-676 302. R1-4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R5-7 BY ADVS. SRI.NIRMAL. S SRI.P.P.RAVOOF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7782 of 2011(W) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE RECEIPT ISSUED BY THE PANCHAYATH EXT.P2. COPY OF THE F.I.R. EXT.P3. COPY OF THE COMPLAINT. EXT.P4. COPY OF THE RECEIPT DATED 9.3.2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7782 of 2011-W ***************************** Dated this the 16th day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition under Article 226 of the Constitution of India for issue of directions to respondents 1 to 4 to afford police protection to the petitioner for the peaceful and uninterrupted running of Daya Hospital, of which he is the Co-ordinator and Secretary, against any illegal and culpable act of respondents 5 to 7. 2. According to the petitioner, the wife of the 6th respondent was admitted to the Daya Hospital. She was undergoing treatment in the hospital. She was later shifted from the hospital. While she was being shifted from the hospital, she allegedly breathed her last. According to the petitioner, the relatives of the deceased and some local persons, accusing the hospital of responsibility for the death of the wife of the 6th respondent, are guilty of contumacious, culpable and violent acts against the petitioner. It is, in these circumstances, that the petitioner has come to this Court with this petition seeking the direction for police protection. W.P(C) No.7782 of 2011-W 2 3. This petition was admitted on 11.03.2011. Interim direction for police protection was issued. 4. Today when the matter came up, respondents are served. Respondents 5 to 7 have appeared through a counsel. The learned counsel submits that the allegations and averments in the Writ Petition are nothing but a tissue of lies. Anticipating that the local persons may turn against the hospital for their culpable negligence, false allegations are made in advance to threaten and brow beat respondents 5 to 7. Respondents 5 to 7 have no intention to indulge in any contumacious or culpable act against the hospital. Their right to proceed against the hospital may be reserved. Their undertaking may be recorded. No further directions are necessary in these circumstances under Article 226 of the Constitution, submits the learned counsel for respondents 5 to 7. 5. The learned Government Pleader after taking instructions from respondents 1 to 4 submits that in the perception of the police officials, there was likelyhood of threat against the hospital. As per the interim order issued by this Court adequate police protection has already been granted. Now no threat is apprehended. Adequate police protection shall W.P(C) No.7782 of 2011-W 3 be granted, submits the learned Government Pleader. 6. The learned counsel for the petitioner submits that a crime has been registered by the police and the petitioner is still apprehending contumacious and culpable acts against the hospital. In these circumstances, interim order may be made absolute and proceedings may be closed, submits the learned counsel for the petitioner. 6. The interim order issued on 11.03.2011 directs respondents 1 to 4 “to afford police protection to the hospital of the petitioner against any illegal, culpable and violent acts of respondents 5 to 7 or men acting under them.” The learned Government Pleader also agrees to such course. We are satisfied, in these circumstances, that the interim order can be made absolute. We make it clear that we do not intend to express any final opinion on the allegations raised against respondents 5 to 7 in this petition and in the crime registered against respondents 5 to 7. They shall of course be entitled to raise all relevant contentions and the judgment in this petition will not in any way fetter their right to redress their grievances. W.P(C) No.7782 of 2011-W 4 7. In the result: a) This Writ Petition is allowed; b) Interim order dated 11.03.2011 extracted above is made absolute; c) We make it clear that this order will not in any way fetter the rights of respondents 5 to 7 to stage peaceful demonstration to get their grievances redressed and to raise all their contentions in appropriate proceedings. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/