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Madras High CourtWP/11302/2020disposed of

Vijaya Hospital v. The Inspector Of Police

2020-09-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. Nos.11302 & 11304 of 2020 and W.M.P. Nos.13777 & 13778 of 2020 Vijaya Hospital (Unit of Vijaya Medical and Educational Trust) Represented by its Management Trustee and CEO - Mrs.R.Bharathi Reddy 434, N.S.K.Salai, Vadapalani, Chennai - 600 026.

... Petitioner in W.P.No.11302 of 2020 B.Bharathi Reddy, Vijaya Health Centre, (Unit of Vijaya Medical and Educational Trust) No.323, N.S.K.Salai, Vadapalani, Chennai - 600 026.

... Petitioner in W.P.No.11304 of 2020 Vs.

1.The Inspector of Police, R-8 Vadapalani Police Station, Chennai - 600 026.

... 1st Respondent in W.P.No.11302/2020 2.The Inspector of Police, K.K.Nagar Police Station, Chennai - 600 078.

... 1st Respondent in W.P.No.11304/2020 3.Vijaya Hospitals General Employees Union, Represented by its General Secretary N.Govindan, No.35, Lake View Road, Nesapakkam, K.K.Nagar, Chennai - 600 078.

... 2nd Respondents in both W.Ps

Prayer in W.P.No.11302 of 2020: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to provide adequate police protection to ensure that the willing employees, the general public, patients are undisturbed by maintaining industrial peace and law and order and to ensure that the workmen who indulge in strike and violent conduct at the instigation of the second respondent are 700 meters away from the petitioner's hospital premises situated at 434, N.S.K.Salai, Vadapalani, Chennai - 600 026.

Prayer in W.P.No.11304 of 2020: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to provide adequate police protection to the petitioner and her family members by maintaining peace, law and order and to ensure that the workmen at the instigation of the second respondent are 700 meters away from the main gate of Vijaya Health Centre, No.323, N.S.K.Salai, Vadapalani, Chennai - 600 026 during the pendency of the writ petition.

For Petitioner : Mr.S.Ravindran in both W.Ps Senior Counsel for Mr.S.Bazeer Ahamed For Respondents : Mr.S.Karthikeyan in both W.Ps Additional Public Prosecutor COMMON ORDER These Writ petitions have been filed seeking for a direction directing the first respondent to provide adequate police protection to the petitioner's trust and his family members.

2. The learned Senior Counsel appearing for the petitioner would submit that the second respondent's union did not settle the issue before the Conciliation Officer and it is pending. Therefore, they may indulge the same kind of illegal activities at any point of time.

3.The learned Additional Public Prosecutor appearing for the first respondent would submit that on the complaint lodged by the petitioners, in both the Writ Petitions, this Court has already gave interim directions and accordingly, the first respondent police has provided adequate police protection to the petitioner's trust.

4.Considering the above submission, the petitioners are at liberty to lodge a fresh complaint on fresh cause of action before the first respondent. If complaint received from the petitioners, the first respondent is directed to provide adequate police protection to the petitioner in the manner known to law.

5.With the above direction, both the Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed.

sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR vsn To 1.The Inspector of Police, R-8 Vadapalani Police Station, Chennai - 600 026.

2.The Inspector of Police, K.K.Nagar Police Station, Chennai - 600 078.

3. The Public Prosecutor, High Court, Madras.

W.P. Nos.11302 & 11304 of 2020 and W.M.P. Nos.13777 & 13778 of 2020 NR(CO) cs 19/12/2020