Dismissed

Vellappally Natesan v. T. Narayanan IPS

Kerala HC20 Oct 2021Con.Case(C)/1532/2021

Case brief

AI extract

What is this about?

Simplicity is the key to success. Petitioner challenged alleged willful non-compliance of court directions regarding a hospital strike. After reviewing video evidence showing no obstruction despite rice-cooking protests, the judge found no case for contempt but directed compliance of prior orders.

What did the court decide?

Contempt case closed. Directing respondents to ensure future directions are not flouted.

Vellappally Natesan Vs T. Narayanan IPS — Public Procurement and Tenders | Kerala HC (2021)

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CON.CASE(C) NO.1532 OF 2021 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 20^TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

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CON.CASE(C) NO. 1532 OF 2021

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PETITIONER/1ST PETITIONER:

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VELLAPPALLY NATESAN AGED 84 YEARS S/O.LATE KESAVAN, CHAIRMAN, SREE NARAYANA TRUST MEDICAL MISSION, KADANMUKKU, KOLLAM-691 001

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BY ADVS. S.SREEKUMAR (SR.) P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE(K/729/2012) MANJUNATH MENON SACHIN JACOB AMBAT HARIKRISHNAN S. ANNA LINDA V.J NAVEEN A.VARKEY

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RESPONDENTS/RESPONDENTS 2,3,6 TO 10 AND 12 TO 13:

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1 MR.T. NARAYANAN IPS THE COMMISSIONER OF POLICE, KOLLAM CITY, PIN-691 008

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2 MR.RATHEESH R THE STATION HOUSE OFFICER, KOLLAM, EAST POLICE STATION, KOLLAM-691 001 3 SRI.G.JAYAPRASKAH.P., PRESIDENT ,PRIVATE HOSPITAL EMPLOYEES ASSOCIATION OF KERALA (INTUC) MUNDAKKAL, KOLLAM-691 010 4 SRI.S.RAJMOHAN, GENERAL SECRETARY, PRIVATE HOSPITAL EMPLOYEES UNION, CITU BHAVAN, KOLLAM-691 010 5 ADV.FRANCY JOHN GENERAL SECRETARY, KERALA PRIVATE HOSPITAL EMPLOYEES FEDERATION UTUC, CURZON ROAD, KOLLAM-691 010

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CON.CASE(C) NO.1532 OF 2021 2

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6	MR.JAYABALAN.V. VAYALIL PURAYIDOM, SASTHRI JUNCTION,
	KOLLAM-691 001
7	MR.SANKARAN.K. MUNICIPAL COLONY, KAPPALANDIMUKKU, POLAYATHODU, KOLLAM-691 001
8	SMT.PREMA.R. UDYA BHAVAN, CHERUMMOODU, VELLIMON P.O., KUNDARA- 691 511
9	SMT. SOBHANAKUSAN.P. THOPPIL HOUSE, KOTTAKKAKOM WARD, KOLLAM-691 013
10	MR.SUNIL LAL.S. ARIYA BHAVAN, CHENTHAPUR, KODALI JUNCTION, KOLLAM- 691 577
11	SMT. MANJU.V. LEKSHMI VILASOM, VILAKKUVATTOM P.O.,
	PUNALUR-691 312
12	SMT.AMBILY.S. SREE BHAVAN, MUSALIYAR NAGAR-5, KILIKOLLOR, KOLLAM-691 004
13	SMT.SHEEJA.D. VENU NIVAS, MURUNTHAL-B, ANCHALUMOODU, PERINADU P.O., KOLLAM-691 601
14	SMT.ANITHA.P. VENGASSERIL PADINJATTATHIL , KILIKOLLOR P.O., KOLLAM-691 004
15	MR.SAJITH.K., POLACHIRA VAYALIL VEEDU, SASTHRI JUNCTION, KADAPPAKKADA, KOLLAM-691 001
16	SMT.SUJA.T. PRANAVIYA, MEKONE JUMA MASJID, KOLLAM-691 014
17	SMT. BABITHA.S.
	PULIYATHUVEEDU, KILIKOLLOR P.O., MANDRIKAPURAM

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CON.CASE(C) NO.1532 OF 2021 3

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	P.O., KOLLAM-691 004
18	SMT.AMBILI.C. PLAVILAYIL VEEDU, PRAKKULAM P.O., KOLLAM-691 602
19	SMT.RAJEE.S. KIZHAKKEVILA, NEERAVIL, PERINADU, KOLLAM-691 601
20	SMT.REJANI.B., SIVADASA ABHAVANAM, PRIYADERSINI NAGAR, MANGAD, KOLLAM-691 015
21	SMT.JANUNA.R. VARAVALATHU PADINJATTATHIL, UYLIYAKOVIL,
	KOLLAM-691 019
22	SMT.SINDHU.R. LEKSHMI NIVAS, ULIYAKOVIL.P.O., KOLLAM-691 019
23	SMT.PRESENNA.K. AMBIYIL, CHAVARA, PANMANA-691 583
24	SMT.SINDHU.S. (IIBTCH), VELLAMANALIL, ULIYAKOVIL-1,
	KOLLAM-691 019
25	SMT.SHERLY.R. OMANA VILASOM, PARAVATHUR P.O.,-689 696
26	SMT.KUMARI LATHA.O., LATHA BHAVANAM, VIVEKANANDA, KUREEPUZHA, KAVANAD- 691 003
27	SMT.PREETHA.R. MANIYATHUVILA PUTHUVEL, PEZHUMTHURUTHU, POERUMON P.O., KOLLAM-691 606
28	SMT. ANNAMMA.P. AMBALAVILA PUTHEN VEEDU, PERUMPUZHA P.O., PUNUKKANNUR-691 504
29	SMT.JIJI.I.
	LEKSHMI NIVAS, SREE BHADRA NAGAR-175,

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CON.CASE(C) NO.1532 OF 2021 4

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KOLLAM-691 019

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30	SMT. BINDHU.R. KAKKIDIVILA VEEDU, AYATHIL P.O., KOLLAM-691 021
31	SMT.SHEEJA.T., THAYYIL KAYALVARAM, MANGADU P.O., KOLLAM-691 015
32	SMT.SAJIMOL.S.R. SANTHOSH BHAVAN, KILIKOLLOOR P.O., KOLLAM-691 004
33	SMT.JALAJAKUMARI.S., KINARUVILAKKADA, KILIKOLLOOR,KOLLAM-691 004
34	SMT.SIJI.P.S., LEKSHMI NIVAS, CHAKKARATHOPPU P.O.,KOLLAM-691 014
35	SMT.SUKUMARI.A., SARADA BHAVAN, MCR 139, ANCHUKALLUMMOODU, THIRUMULLAVARAM P.O., KOLLAM-691 012
36	SMT.LEENA V.S. AMRUTHAKRIPA, THEKKEVILA P.O., KOLLAM-691 016
37	SMT.AMBILI.A. CHAKKAVILA VEEDU, ERATHU KULAKKADA, KULAKKADA P.O., KOTTARAKKARA-691 521
38	SMT.JAYASREE.R. VARIVAYAL, PATTATHANAM WEST, KOLLAM-691 021
39	SMT.REENI THOMAS, THAIVILAKATHU VEEDU, THEKKEMURI, EAST KALLADA, KUNDARA-691 502
40	SMT.ANITHAKUMARI.P., CHERU KANJIRAM VILA VEEDU, VELLIMON P.O., KOLLAM- 691 014
41	SMT.RAJALEKSHMI.T., LEELA BHAVAN, KUZHIYAM SOUTH, CHANDANATHOPPU, KOLLAM-691 014
42	SMT.SUMA.C.,
	PADINJATTEVILA VEEDU, PERUMPUZHA P.O.,

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CON.CASE(C) NO.1532 OF 2021 5

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KUNDARA-691 504 43 SMT.SANTHI.P., ARACKAL HOUSE, CHAVARA P.O., KOLLAM-691 583 44 SMT. MINI.K.A., SREETHILAYAM, VELLIMON P.O., KERALAPURAM-691 511 45 SMT.AMBILI.P.T. RAJ BHAVAN, EDAMON P.O., EDAMON-34,PIN-691 307 BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY M.RAJENDRAN NAIR M.SANTHY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CON.CASE(C) NO.1532 OF 2021 6

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JUDGMENT

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Alleging willful non-compliance of the directions issued by this Court in the judgment dated 28.1.2021 in W.P (C) No. 27849 of 2020, the instant contempt case is preferred by the petitioner.

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The writ petition was filed seeking police protection to carry

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out the functioning of the the SIMS SMS Hospital, Kollam, without any hindrance or obstruction from the members of the three Unions arrayed as respondents 3 to 5 in the writ petition, their men or agents including the retrenched employees, who were engaged in a strike within the compound of the hospital.

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After hearing the rival submissions, this Court, while recognising the right of the workers to conduct a peaceful strike to redress their legitimate grievances, directed the respondents 6 to 13 in the writ petition to remove themselves and the shed put up inside the hospital premises and relocate themselves by the side of the Kuravanpalam road on the western side of the hospital, without causing any obstruction to the traffic, the neighbouring residents and without preventing access to the Sanker’s Institute of Medical Sciences. The official respondents were directed to ensure that law and order is maintained and no obstruction is

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CON.CASE(C) NO.1532 OF 2021 7

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caused to the peaceful running of the hospital by the party respondents. The party respondents were also ordered not to obstruct or intimidate any of the willing employees, paramedical staff, doctors, patients and visitors.

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The petitioner asserts that on 21.8.2021, on the day of ‘Thiru Onam’, the respondents 6 to 45, at the instigation of respondents 3 to 5 conducted a ‘dharna’ and assembled outside the western entrance on the western compound wall and cooked rice in separate pots as a protest by calling the said misadventure, ‘Pattini Kanji Samaram’. It is also asserted that the respondents 6 to 45 had threatened, shouted slogans at the patients and employees entering the hospital, and thus obstructed them from entering into the hospital. They are also alleged to have used loudspeakers causing hindrance to the patients and disturbing the peaceful atmosphere inside the hospital. It is contended that the acts committed by the party respondents in obstructing the ingress into the hospital are a blatant violation of the directions issued by this Court. It is on these grounds that this Contempt Case is filed seeking initiation of action against the respondents.

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A statement has been filed by the Inspector of Police, Kollam,

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East Police Station refuting the contentions. It is stated that in tune with the directions issued by this Court, the agitators had relocated the shed from inside the hospital premises to the side of Kuravanpalam road. On

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CON.CASE(C) NO.1532 OF 2021 8

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21.8.2021, pursuant to the announcement of conduct of a dharna on Thiruvonam day, sufficient number of police personnel were posted to ensure that law and order is maintained and no obstruction is caused to the peaceful running of the hospital. None of the doctors, patients, employees or paramedical staff was obstructed by the workers. The visuals were recorded and telecasted by various online channels.

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A counter affidavit has also been filed by the 4th respondent

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denying all the allegations.

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I have considered the submissions advanced.

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While disposing of the writ petition, this Court, taking note of

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the facts and circumstances, had observed that the workers do have the right to strike against acts that they perceive as oppressive and for securing better conditions of service. However, since the strike was being carried out inside the hospital premises, the striking workers were directed to relocate themselves outside the hospital compound and engage in their acts without causing any obstruction to the traffic, the neighbouring residents, and without preventing access to the hospital. There is no dispute with regard to the fact that the striking workers have relocated outside the hospital premises in obedience to the directions issued. The cause for initiation of the instant proceeding is the alleged incident which took place on 21.8.2021. When the petitioner asserts that the workers

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CON.CASE(C) NO.1532 OF 2021 9

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threatened the patients, staff, doctors and willing employees and obstructed the entry to the hospital, the official respondents and the party respondents strenuously refute the said allegation. However, both sides admit that on 21.8.2021, the workers conducted a dharna outside the compound wall and cooked rice in individual pots. In the contempt case, since it is asserted that the petitioner is in possession of video clippings which would substantiate their case that the respondents have flouted the directions and the police did not move a finger, the same was ordered to be produced. Sri. S. Sreekumar, the learned Senior counsel appearing for the petitioner has made available a pendrive containing several video clips and photographs to substantiate that the respondents have obstructed the entry into the hospital and violated the directions issued by this Court. The pendrive shall form part of the record.

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I have carefully gone through the video clippings and the photographs. It is seen from the clippings that some women workers have put up clay pots outside the hospital premises and by the side of the wall on the southern side and they appear to be cooking rice. They are standing in a neat row and vehicles are seen entering and exiting the building without any obstruction. The police personnel are also seen present. It does not appear from the clippings that they were in a boisterous mood or that they were causing obstruction or harassment as alleged in the

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CON.CASE(C) NO.1532 OF 2021

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petition.

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In that view of the matter, I am not satisfied that the petitioner has made out a case for initiating contempt proceedings against the respondents. While closing the contempt case, I direct the respondents to ensure that the directions in the judgment are not flouted.

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This contempt case is closed.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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CON.CASE(C) NO.1532 OF 2021 11

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APPENDIX OF CON.CASE(C) 1532/2021

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PETITIONER'S ANNEXURE

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Annexure I CERTIFIED COPY OF THE JUDGMENT DATED 28.01.2021 IN WPC NO.27849 OF 2020 OF THIS HON'BLE COURT Annexure II TRUE COPY OF SUMMONS IN I.D.NO.50 OF 2021 OF LABOUR COURT, KOLLAM DATED 10.07.2021 ISSUED TO THE PETITIONER

Vellappally Natesan v. T. Narayanan IPS

Case brief

What is this about?

What did the court decide?

Vellappally Natesan v. T. Narayanan IPS

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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