Dr.Nandagopal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 PETITIONERS :- ----------------

1. DR.NANDAGOPAL, CHAIRMAN AND FOUNDER TRUSTEE V.N.PUBLIC HEALTH AND EDUCATIONAL TRUST ODAYAPPA MEDICAL COLLEGE AND HOSPITAL, WALAYAR PUDUSSERY POST, PUDUSSERY VILLAGE, PALAKKAD - 678 628.

2. G. RAVI BALAN, MANAGING TRUSTEE AND SECRETARY V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ODAYAPPA MEDICAL COLLEGE AND HOSPITAL, WALAYR PUDUSSERY POST, PUDUSSERY VILLAGE, PALAKKAD - 678 628.

3. V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST, NO.36, AVP LAY OUT, GANDHI NAGAR 4TH STREET TIRUPUR-641 603 REPRESENTED BY ITS MANAGING TRUSTEE & SECRETARY - G.RAVI BALAN BY ADVS.SRI.V.V.ASOKAN (SR.) SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENTS :- ---------------

1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE STATE POLICE CHIEF & DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.

3. THE DISTRICT POLICE CHIEF (THE SUPERINTENDENT OF POLICE), PALAKKAD, S.P.OFFICE, PALAKKAD - 678 014.

4. THE CIRCLE INSPECTOR OF POLICE PUTHUSSERY, POLICE CIRCLE OFFICE, PUTHUSSERY PALAKKAD - 674 581.

5. THE SUB INSPECTOR OF POLICE WALAYAR POLICE STATION, WALAYAR, PALAKKAD - 678 541.

6. O. KANNAPPAN S/O.ODIYAPPA CHETTIAR, DOOR NO.376, MADURAI ROAD THENI, TAMIL NADU - 625 531.

7. K. ODIYAPPAN (DELETED) DOOR NO.376, MADURAI ROAD, THENI TAMIL NADU - 625 531.

8. K. ALAMELU (DELETED) D/O.KANNAPPAN, DOOR NO.376, MADURAI ROAD THENI, TAMIL NADU - 625 531.

RESPONDENTS 7 AND 8 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DT.2.6.2014 IN I.A.No.6922/2014.

9. V. ANIL KUMAR S/O.CHATHUKUTTY, ATHOLI, ERANJIPPALAM KOZHIKODE - 673 315.

R6 BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN SMT.V.M.RUSHDA KUM.R.ANJALI R1 - R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN R9 BY ADV. SRI.P.SANJAY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXHIBIT P1 : TRUE COPY OF THE TRUST DEED.

EXHIBIT P2 : TRUE COPY OF THE ESSENTIALITY CERTIFICATE ISSUED BY THE HEALTH DEPARTMENT, GOVERNMENT OF KERALA.

EXHIBIT P3 : TRUE COPY OF THE SUPPLEMENTAL TRUST DEED NO.535/2005 EXHIBIT P4 : TRUE COPY OF THE INTERIM INJUNCTION ORDER IN O.S.NO.283/2008, MUNSIFF COURT, PALAKKAD.

EXHIBIT P4(a) : TRUE COPY OF THE APPLICATION (IA 861/2009) IN OS.NO.283/2008 MUNSIFF COURT, PALAKKAD.

EXHIBIT P4(b) : TRUE COPY OF THE ORDER IN IA NO.861/2009 IN OS NO.283/2008, MUNSIFF COURT, PALAKKAD.

EXHIBIT P5 : TRUE COPY OF THE JUDGMENT IN WP(C) NO.27905/2011. EXHIBIT P6 : TRUE COPY OF THE SUPPLEMENTAL TRUST DEED. EXHIBIT P7 : TRUE COPY OF THE JUDGMENT IN WP(C) 11753/2013. EXHIBIT P8 : TRUE COPY OF THE ORDER OF THE SUB COURT, PALAKKAD IN IA NO.4065/2013 IN OS 387/2013.

EXHIBIT P9 : TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT.

EXHIBIT P10 : TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS :- EXHIBIT R6(a) : TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) No.2288 OF 2011 DATED 11.2.2011. EXHIBIT R6(b) : TRUE COPY OF THE ABOVE SAID ORDER IN I.A.No.1740 OF 2008 IN OS No.283 OF 2008 DATED 15.6.2010.

EXHIBIT R6(c) : TRUE COPY OF THE ABOVE SAID ORDER IN I.A.No.861 OF 2009 IN O.S.No.283 OF 2008 DATED 12.3.2009.

EXHIBIT R6(d) : TRUE COPY OF THE CODICIL DATED 19.7.2005. EXHIBIT R6(e) : TRUE COPY OF THE COMPLAINT FILED BY THE 6TH RESPONDENT AGAINST THE 2ND PETITIONER AND 2 OTHERS DATED 16.2.2013. //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.12257 of 2014 -------------------------------------- Dated this the 28th day of May 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. 2.

This writ petition has been filed seeking for police protection to the petitioner and their employees to enter the trust property and to carry out work and to carry on the administration therein without any interference from respondents 6 to 9.

3.

Learned counsel appearing for both parties would submit that a suit as O.S.No.283 of 2008 is already pending pertaining to the dispute with the trust. It is submitted by the learned counsel appearing for both parties that orders have also been passed in the civil suit against the parties. 4.

Since the dispute between the parties pertaining to a trust and a civil suit is pending, we see no reason to entertain the writ petition for police protection. It is open for the parties

W.P.(C) No.12257 of 2014 -: 2 :- to approach the civil court for appropriate orders, if advised. With the above observation, this writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt