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High Court of KeralaWP(C)/26228/2015closed

Dr. Thyagarajan v. The District Police Chief

2015-09-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 26228 of 2015 (C) ---------------------------- PETITIONER(S):

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1. DR. THYAGARAJAN AGED 65 YEARS CARMEL HOUSE, CHAKKARAPARAMBU ROAD, VENNALA EDAPALLY, COCHIN, ERNAKULAM PIN-682 024.

2. DR.MARY GEETHA PAUL W/O.DR.THYAGARAJAN, CARMEL HOUSE, CHAKKARAPARAMBU ROAD VENNALA, EDAPALLY, COCHIN ERNAKULAM, PIN-682 024.

BY ADVS.SRI.K.J.MOHAMMED ANZAR SRI.DILEEP D BHAT RESPONDENT(S):

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1. THE DISTRICT POLICE CHIEF & SUPERINTENDENT OF POLICE (ERNAKULAM RURAL), S.P.OFFICE, ALUVA ERNAKULAM DISTRICT. PIN-683 101.

2. THE DEPUTY SUPERINTENDENT OF POLICE ALUVA, ERNAKULAM, PIN-683 101.

3. CIRCLE INSPECTOR OF POLICE PARAVUR, POLICE CIRCLE OFFICE, NORTH PARAVUR ERNAKULAM DISTRICT, PIN-683 513.

4. THE SUB INSPECTOR OF POLICE PARAVUR POLICE STATION, NORTH PARAVUR ERNAKULAM DISTRICT, PIN-683 513.

BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26228 of 2015 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1 SERIES- EXHIBIT ORIGINAL PHOTOGRAPHS SHOWING THE HOARDINGS PUT UP BY BJP, YUVA MORCHA & DYFI IN THE VICINITY OF THE HOSPITAL BEING RUN BY THE PETITIONERS.

P2- TRUE COPY OF THE COMPLAINT DATED 20.08.2015 SUBMITTED TO THE 4TH RESPONDENTS WITH COPIES TO RESPONDENTS 2 TO 4 BY THE 1ST PETITIONER. RESPONDENT(S)' EXHIBITS ------------------------ nil /true copy/ PS TO JUDGE vgs

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

------------------------------------- W.P.(C) No.26228 of 2015 ------------------------------------- Dated this the 2nd day of September 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioners and the learned Government Pleader.

2.

This writ petition has been filed by the petitioners seeking for a direction to respondents 1 to 4 to provide adequate and sufficient protection to the life, property and staff of the petitioners' hospital, Carmel Hospital, Thirumuppam, Varappuzha to enable them to run the hospital smoothly. Both the petitioners claim to be the doctors and they narrated an incident, which happened on 6.8.2015, in which, one of the patients died. Petitioners' case is that after the said incident, obstructions have been caused by various organisations by conducting 'dharnas' and putting hoardings in the vicinity of the hospital. 3.

Learned Government Pleader on instructions would submit that apart from the obstruction on 6.8.2015, no further incident has been reported. It is submitted that the police authorities are patrolling the site and a crime was also registered on the statement of the relatives of the deceased patient.

W.P.(C) No.26228 of 2015 -: 2 :- 4.

Be that as it may, since the police authorities are patrolling the site, we do not see any reason to issue any further direction. However, we only observe that if in any event, any obstruction is caused in running the hospital, it shall be open for the petitioners to submit a complaint before respondents 3 and 4, who shall look into the same and take appropriate action in the matter.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt