Malabar Cancer Centre v. The Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 25067 of 2014 (G) PETITIONER(S):

---------------------- MALABAR CANCER CENTRE, MOOZHIKKARA, THALASSERY, KANNUR DISTRICT, REP. BY ITS DIRECTOR DR. SATHEESAN B.

BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S):

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

1. THE SUB INSPECTOR OF POLICE, NEW MAHE POLICE STATION, NEW MAHE-673 311, KANNUR DISTRICT.

2. THE DISTRICT POLICE CHIEF, KANNUR-670 001.

3. THE MALABAR CANCER CENTRE STAFF ASSOCIATION, MOOZHIKKARA P.O. 670 103, THALASSERY, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY.

4. T.M.DINESH KUMAR, SECRETARY, THE MALABAR CANCER CENTRE STAFF ASSOCIATION, MOOZHIKKARA P.O. 670 103, THALASSERY, KANNUR DISTRICT. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 25067 of 2014 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE RELEVANT EXTRACT OF THE MEMORANDUM OF ASSOCIATION AND RULES RELATING TO THE MALABAR CANCER CENTRE SOCIETY.

EXHIBIT P2- TRUE COPY OF THE MINUTES OF THE 8TH GOVERNING BODY MEETING OF THE MALABAR CANCER CENTRE SOCIETY.

EXHIBIT P3- TRUE COPY OF THE LETTER DATED 5-8-2014 SUBMITTED BY THE 3RD RESPONDENT TO THE DIRECTOR.

EXHIBIT P4- TRUE COPY OF THE REPLY DATED 20-9-2014 ISSUED BY THE THE 3RD RESPONDENT BY THE DIRECTOR.

EXHIBIT P5- TRUE COPY OF THE NOTICE DATED 19-09-2014 SUBMITTED BY THE 3RD RESPONDENT TO THE DIRECTOR OF THE INSTITUTE.

EXHIBIT P5(A)- TRUE ENGLISH TRANSLATION OF EXHIBIT P5. EXHIBIT P6- TRUE COPY OF THE COMPLAINT DATED 23-09-2014 SUBMITTED BY THE PETITIONER BY THE PETITIONER BEFORE THE POLICE. EXHIBIT P7- TRUE COPY OF THE ACKNOWLEDGMENT DATED 24-09-2014 EVIDENCING SUBMISSION OF EXT. P6 BEFORE THE POLICE. EXHIBIT P7(A)- TRUE ENGLISH TRANSLATION OF EXHIBIT P7. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

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

W.P.(C) No.25067 of 2014 ----------------------------------------- Dated this the 14th day of December 2015

J U D G M E N T

Shaffique, J.

This writ petition is filed seeking for police protection alleging that respondents 3 and 4 are obstructing the functioning of the hospital. Initially it was mentioned that they had given notice indicating that they are going to conduct a strike on 27.9.2014.

2.

We have already passed an interim order on 26.9.2014 directing the police to ensure that no blockage of the ingress and egress of the hospital and to maintain law and order. 3.

Learned Government Pleader submits that after the interim order had been passed, no untoward incident has been reported.

Hence, we close the writ petition with liberty to the petitioner to approach the police, if there is any further cause of action.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/16.12.2015.