High Court of KeralaWP(C)/23216/2014disposed of

K.R. Briju Mohan v. Commissioner Of Police

2015-01-06Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 23216 of 2014 (B) -------------------------------------- PETITIONER(S):

----------------------- K.R. BRIJU MOHAN MANAGER, HUMAN RESOURCES & INDUSTRIAL RELATIONS SUT HOSPITAL, PATTOM, THIRUVANANTHAPURAM.

BY ADV. SRI.R.V.SREEJITH RESPONDENT(S):

-------------------------

1. COMMISSIONER OF POLICE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY.

2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

3. P. SUDHAKARAN, PRESIDENT, KERALA STATE PRIVATE AND CO-OPERATIVE HOSPITAL EMPLOYEES ASSOCIATION (INTUC) INTUC STATE COMMITTEE OFFICE, ABHAYA NAGAR PEROORKADA.P.O, THIRUVANANTHAPURAM DIST-695005.

4. V.J.JOSEPH, GENERAL SECRETARY KERALA STATE AND CO-OPERATIVE HOSPITAL EMPLOYEES ASSOCIATION (INTUC) INTUC STATE COMMITTEE OFFICE, ABHAYA NAGAR PEROORKADA.P.O., THIRUVANANTHAPURAM DIST-695 005.

5. R. JAYACHANDRAN, CHANDRA NIVAS, NADOORKOTTA, AMARAVILA.

THIRUVANANTHAPURAM-695122.

6. R. SHAJI, MELEVILAKATHU VEEDU, ULLOOR GRAMAMA MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM-695011. R1 & 2 BY SR.. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R3 TO 6 BY ADV. SRI.P. K.ABOOBACKER (EDAPPALLY) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23216 of 2014 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1.

TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

P1(a).

TRUE COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF EXT.P1. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COP[Y // P.A. TO JUDGE sou.

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.

----------------------------------------------------------------------- W.P.(C). No. 23216 of 2014 ----------------------------------------------------------------------- Dated this the 6th day of January, 2015

J U D G M E N T

Shaffique, J Petitioner has approached this court seeking police protection for the smooth functioning of the SUT Hospital, Pattom and for the life of the employees and patients of the hospital. It is inter alia contended that disciplinary action was taken against certain persons and they have started obstructing the functioning of the hospital.

2. No counter affidavit has been filed by respondents 3 to 6. An interim order has seen already been passed by this court on 2.9.2014 to ensure law and order situation in the hospital of the petitioner.

3. Learned Government Pleader submits that after the interim order has passed, appropriate measures has been taken by the police to ensure smooth functioning of the hospital.

4. Having regard to the fact that the petitioner is running the hospital, the party respondents or their men has no right to obstruct the smooth functioning of the hospital run by the

WPC.No. 23216/14 petitioner. If they have any issue relating to employment or otherwise with the hospital authorities, it is for them to take up the matter before the appropriate authorities. In the result, the writ petition is disposed of directing the second respondent to ensure that no obstruction is caused to the smooth functioning of SUT Hospital, Pattom and further to ensure that law and order is maintained in the area. Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE.

sou.