Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 24182 OF 2023 PETITIONER:
DR. JAGADISWARAN AGED 56 YEARS S/O P. CHELLAPPAN , NAVANEETHAM , THIRUPURAM P O, THIRUVANANTHAPURAM, PIN - 685133 BY ADVS.
M.T.SURESHKUMAR MANJUSHA K SREELAKSHMI SABU RESWIN A. KHADIR RESPONDENTS:
1 STATE OF KERALA THE DEPARTMENT OF HOME , SECRETARIAT, THIRUVANANTHAPURAM.
REPRESENTED BY SECRETARY, PIN - 695001 2 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695014 3 SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL, VIKAS BHAVAN, PATTOM , PMG- THIRUVANANTHAPURAM, PIN - 695004 4 DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA , NEYYATTINKARA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695121 5 STATION HOUSE OFFICER POZHIYOOR POLICE STATION , KULATHUR THIRUVANANTHAPURAM DISTRICT, PIN - 695513 6 NESAMANI S/O MARYAMICHAL NADAR , N R BHAVAN , VLATHIKKUZHI , VENKADAMBU P O , KULATHUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695506 7 RETNAMMA W/O NESAMANI , N R BHAVAN , VLATHIKKUZHI , VENKADAMBU P O , KULATHUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695506
WP(C).No.24182/2023 2 8 SOUMYA D/O NESAMANI , N R BHAVAN , VLATHIKKUZHI , VENKADAMBU P O , KULATHUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695506 BY ADVS.RAJEEV JYOTHISH GEORGE, GP SMRITHI S.S.
G.SUDHEER(K/000467/1992) R.HARIKRISHNAN (H-308)(K/000642/2013) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24182/2023 3 P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.24182 of 2023 ---------------------------------------------- Dated this the 01st day of August, 2023 JUDGMENT This writ petition is filed with following prayers:
I.
To issue a writ in the nature of mandamus commanding the respondents 1 to 5 to furnish adequate police protection to the life and properties of the petitioner and his staff working in the Sanjeevani Hospital and Cancer Herbal Care at Poozhikkunnu Junction.
ii.
To declare that the respondents 6 to 8 have no right to intimidate, assault, to use criminal force, trespass to forcefully evict the petitioner and his staff from the building belong to the said respondents without following the due process of law.
iii.
Issue such other reliefs as this Hon’ble court may deem fit and proper in the facts and circumstance of the case.
(SIC) 2.
After filing this writ petition, the petitioner filed O.S.No.763/2023 and obtained an interim injunction order also. If that be the case, the petitioner has to proceed based
WP(C).No.24182/2023 4 on the interim order passed by the civil court. In the light of the above interim order, no further orders are necessary in this writ petition.
This writ petition is closed.
sd/- P.V.KUNHIKRISHNAN JV JUDGE
WP(C).No.24182/2023 5 APPENDIX OF WP(C) 24182/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE KULATHUR GRAMA PANCHAYATH DATED 1-7-2023 Exhibit P2 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 18-2-2020 Exhibit P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF HOSPITAL AS MICRO, SMALL AND MEDIUM ENTERPRISES WITH THE UNION MINISTRY Exhibit P4 TRUE COPY OF THE RENT AGREEMENT EXECUTED BETWEEN THE PETITIONER AND RESPONDENTS 6 AND 7 ON 3-1-2022 Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 17-7-2023 Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 17-7-2023