Writing a brief summary: The Court dismissed the writ petition seeking police protection for a private hospital against trade unions. Finding no present threat, the court closed the petition without prejudice to future approaches.
Petition closed without prejudice pending right to approach later if circumstances warrant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
WP(C).No.24847 OF 2019(E)
PETITIONER:
CEEYAM HOSPITAL PVT.LTD. REPRESENTED BY ITS DIRECTOR, V.O. ROAD, VATAKARA, CALICUT-673 101
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENTS:
1 STATION HOUSE OFFICER VATAKARA POLICE STATION, KOZHIKODE-673 101
2 KOZHIKODE JILLA PRIVATE HOSPITAL AND MEDICAL SHOP WORKERS UNION (CITU) VADAKARA AREA COMMITTEE , REPRESENTED BY ITS GENERAL SECRETARY, DWARAKA BUILDING, VATAKARA, KOZHIKODE-673 101
3 PRIVATE HOSPITAL WORKERS ASSOCIATION (INTUC) REPRESENTED BY ITS SECRETARY, SUMAYYA COMPLEX, VATAKARA, KOZHIKODE-673 101
4 A.K. BALAN, PRESIDENT, CITU, VADAKARA AREA COMMITTEE, DWARAKA BUILDING, VATAKARA, KOZHIKODE 673 101
5 V.K. BINU, SECRETARY, CITU, VADAKARA AREA COMMITTEE, DWARAKA BUILDING, VATAKARA, KOZHIKODE-673 101
6 RANJITH KANNOTH, KANNOTH HOUSE, V.O. ROAD, VATAKARA, CALICUT-673 101
WP(C).No.24847 OF 2019(E)
2
7 K. VENU, PADMASHREE, EDAKANDY, P.O, MEMUNDA, VATAKARA, CALICUT-673 104
8 R.P. SHAJI, RAYAROTHPARAMBATH HOUSE, P.O. MANDARATHUR, VATAKARA, CALICUT-673 105
R4-8 BY ADV. SRI.K.RAKESH ROSHAN R4-8 BY ADV. SRI.GHOSH YOHANNAN R4-8 BY ADV. SMT.THUSHARA.V R4-8 BY ADV. SRI.C.VATHSALAN
SRI P.P. THAJUDHEEN – SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24847 OF 2019(E)
3
W.P.(C) No.24847 of 2019
J U D G M E N T
This is a writ petition seeking police protection
for the smooth conduct of the hospital run by the
petitioner from respondents 2 to 8.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
WP(C).No.24847 OF 2019(E)
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PRINTOUT OF THE NEWS REPORT PUBLISHED IN THE LOCAL EDITION OF REPORT PUBLISHED IN THE LOCAL EDITION OF MATHRUBHUMI NEWSPAPER ON 15.09.2019.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 17.09.2019 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT.R6(a) TRUE COPY OF THE INSPECTION REPORT DATED 15/3/2016 BY THE ASSISTANT LABOUR OFFICER VATAKARA EXHIBIT.R6(b) TRUE COPY OF THE LETTER DATED 5/8/2019 BY THE TRADE UNION OF THE DISTRICT LABOUR OFFICE EXHIBIT.R6(C) TRUE COPY OF THE LETTER DATED 13/9/2019 TO THE MANAGING DIRECTOR OF THE PETITIONER EXHIBIT.R6(d) TRUE COPY OF THE PERMISSION LETTER DATED 21.08.2019 BY MR.HARIS EXHIBIT.R6(e) TRUE COPY OF THE PHOTOS SHOWING THE PLACE OF STRIKE SITUATED OPPOSITE TO THE ROAD LEADING TO HOSPITAL PREMISES. EXHIBIT.R6(f) TRUE COPY OF THE PHOTOS SHOWING THE PLACE OF STRIKE SITUATED OPPOSITE TO THE ROAD LEADING TO HOSPITAL PREMISES.
\TRUE COPY//
PA TO JUDGE
PV
1 issue framed by the court
Whether police protection was required for the petitioner hospital.
CEEYAM HOSPITAL PVT.LTD.
STATION HOUSE OFFICER VATAKARA POLICE STATION
KOZHIKODE JILLA PRIVATE HOSPITAL AND MEDICAL SHOP WORKERS UNION
PRIVATE HOSPITAL WORKERS ASSOCIATION
A.K. BALAN
V.K. BINU
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
