This disposeg writ petition seeking direction to the police for protection against alleged obstruction while laying a pipeline to the petitioner hospital was allowed, the court recording that if further obstruction is apprehended, the petitioner should approach the police.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941
WP(C).No.2760 OF 2020(T)
PETITIONER:
LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED NETTOOR P.O., MARADU, KOCHI-682 304, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, S.K. ABDULLA KUNHI
BY ADVS.
SRI.P.K.SURESH KUMAR (SR.) SRI.SANTHEEP ANKARATH SMT.C.K.SHERIN
RESPONDENTS:
1 STATION HOUSE OFFICER, PANANGAD POLICE STATION PANANGAD POLICE STATION, PANANGAD-682 506, ERNAKULAM DISTRICT
4 BOBAN NEDUMPARAMBIL, S/O. NEDUMPARAMBIL JOSEPH, VICE CHAIRMAN, MARADU MUNICIPALITY, RESIDING AT NEDUMPARAMBIL HOUSE, MARADU, NETTOOR P.O., KOCHI-682 304
R2 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
GP SMT. VINEETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 7th day of February 2020
This writ petition is filed seeking the following relief:
“Direct the 1st respondent to afford necessary protection to the petitioner, his contractor and workers for drawing of pipeline to the petitioner hospital in furtherance to the permission granted by Kerala Water Authority.”
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Pleader that there is no obstruction caused by the 4th respondent at present and that the obstruction had been caused only on the misapprehension that the activities were being carried out without relevant permissions. It is submitted that on conducting due verifications and on enquiries being made, the 4th respondent has submitted that there is no attempt to obstruct any legal activity conducted by the petitioner.
The said submissions are recorded. It is made clear that in case the petitioner apprehends any further obstruction with regard to permitted activities, it is for the petitioner to approach the 1st respondent, who shall afford all necessary protection to the petitioner.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF RESOLUTION DATED 16.2.2016 OF BOARD OF DIRECTOR OF PETITIONER HOSPITAL |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE INTIMATION GIVEN TO THE PETITIONER DIRECTING PAYMENT OF THE AMOUNT AND ISSUED BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY ON 13.12.2017 |
| EXHIBIT P3 | TRUE COPY OF ORDER NO A3-2713/17 DATED 22.12.2017 ISSUED BY EXECUTIVE ENGINEER, KERALA WATER AUTHORITY |
| EXHIBIT P4 | TRUE COPY OF AGREEMENT DATED 20.1.2018 EXECUTED BY THE PETITIONER |
| EXHIBIT P5 | TRUE COPY OF LETTER DATED 27.6.2018 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P6 | TRUE COPY OF COMPLAINT DATED 15.5.2019 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION |
| EXHIBIT P7 | TRUE COPY OF COMPLAINT DATED 24.5.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT |
| EXHIBIT P8 | TRUE COPY OF RECEIPT DATED 9.1.2020 ISSUED BY KERALA WATER AUTHORITY |
1 issue framed by the court
Whether the writ petitioner is entitled to direction for protection against alleged obstruction while drawing a pipeline to its hospital premises.
LAKESHORE HOSPITAL AND RESEARCH CENTRE LIMITED NETTOOR P.O., MARADU, KOCHI-682 304
STATION HOUSE OFFICER, PANANGAD POLICE STATION PANANGAD POLICE STATION, PANANGAD-682 506, ERNAKULAM DISTRICT
ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY DIVISION THRIPUNITHURA-682 306, ERNAKULAM DISTRICT
THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, VII/511B,NEITHELI-MAVELIPURAM ROAD, MAVELIPURAM , KAKKANADU, KOCHI-682 030
BOBAN NEDUMPARAMBIL, S/O. NEDUMPARAMBIL JOSEPH, VICE CHAIRMAN, MARADU MUNICIPALITY
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
