Anil Kumar O.M vs State Of Kerala
2021 Latest Caselaw 11276 Ker

WP(C).No.3418 OF 2021(B)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.3418 OF 2021(B)



PETITIONER/S:

      1         ANIL KUMAR O.M.
                AGED 49 YEARS
                S/O.O.MUKUNDAN, OURAMBATH HOUSE, VELAPPAYA P.O.,
                THRISSUR-680 596.

      2         THOMAS.P.P.,
                AGED 45 YEARS
                S/O.O.PAUL P.D., PUTHIRI HOUSE, VELAPPAYA P.O.,
                THRISSUR-680 596.

                BY ADVS.
                SRI.K.R.ARUN KRISHNAN
                SMT.DEEPA K.RADHAKRISHNAN
RESPONDENT/S:

      1         STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
                GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.

      2         THE DISTRICT COLLECTOR, THRISSUR,
                OFFICE OF THE DISTRICT COLLECTORATE, AYYANTHOLE,
                THRISSUR-680 003.

      3         THE REGISTRAR, KERALA UNIVERSITY OF HEALTH
                SCIENCES,MEDICAL COLLEGE P.O., KERALA-680 596.

      4         THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
                THRISSUR,PIN-680 596.

      5         AVANOOR GRAMA PANCHAYATH,REPRESENTED BY THE
                SECRETARY, AVANOOR P.O., PIN-680 596.


                SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
                SCIENCES
 WP(C).No.3418 OF 2021(B)
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OTHER PRESENT:

             SMT.VINITHA.B, GP,
             SRI.P.SREEKUMAR,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3418 OF 2021(B)
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                                         JUDGMENT

Dated this the 8th day of April 2021

The petitioners claim to be the residents near Medical

College Hospital, Thrissur. The allegation raised in the Writ

Petition is that the respondents are closing the entry to the

Medical College Hospital, Thrissur through the entry gate from

Avanoor Grama Panchayat road which according to them would cause

inconvenience not only to the nearby residents but also for the

vehicles carrying patients.

2. The 4th respondent has filed a statement stating that

construction of compound wall for the Medical College is under

progress and that steps are afoot to close the unauthorized

entry into Thrissur Medical College campus as it is causing

threat to the public at large as anti social elements in the

campus are seen accessing through these entrance to get inside

the campus. Various incidents stated in paragraph 2 of the

Statement reads as follows:

2. Presently, construction of compound wall for the Thrissur Medical College is under progress. 8 or more unauthorised entrances are now existing at various points in the border of Thrissur Medical College campus. These unauthorised entrances to the campus is posing threat to the public at large as anti social elements in the campus are seen accessing these entrance to get inside the campus. Various incidents of attacks and misbehaviour on the students and staff of this institution from trespassers have been reported in the past. Therefore it was decided by the WP(C).No.3418 OF 2021(B)

College authorities to reduce the number of open entrances to campus to a maximum of 4 for security reasons and the rest to be maintained by providing gates.

3. It is further stated that the entry from Avanoor Grama

Panchayath Road at Alakkupura Junction is also to be restricted

by means of a manned gate as it is situated in the residential

area of Medical College Campus and the gate would be opened for

the day and restricted only during the night. It is also stated

that petitioners and other residents of that area would be able

to reach the hospital easily through the main entrance of

Medical College at Avanoor Grama Panchayat PHC Junction and

there would be a distance of only 600 meters. It is stated that

the manned gate is required in order to restrict the anti social

elements entering the residential area of Medical College Campus

and 95% of hostels and quarters of the College are near to the

area.

4. A statement has already been filed by the learned

Standing Counsel for the 3rd respondent also pointing out that

the University has got every right to keep its premises

protected by constructing the compound wall and regulating the

ingress and egress to the compound by adopting appropriate

measures. It is also stated that on the basis of the request

made by the local people to provide a pathway connecting the

Panchayath road and the Medical College compound, the University

provided such a pathway along the outer periphery of the WP(C).No.3418 OF 2021(B)

compound as provided in Annexure R3A. Further it is stated that

the petitioners do not have any right to seek a way through the

property of the University. It is also pointed out that the

optical fibre cables leading to the University servers were

found cut and the same had resulted in a difficult situation for

the University which carries out its functions digitally. In

order to ensure more security to the Campus a decision was taken

to protect the property of the University. It is stated that

permitting public transport along the campus roads would

compromise the security required in the University campus.

5. The statements filed by the respondents would show that

petitioners cannot have any right to have a path way as claimed

by them through the property of the respondents. It would also

show that sufficient access is provided both by the Medical

College Hospital Authorities as well as the University

Authorities to the public to the extent it is necessary.

Therefore, petitioners cannot seek any further relief for having

any unhindered access to the property of the respondents.

The Writ Petition is therefore disposed of recording the

submissions made by both the respondents in their respective

statements.

Sd/-

                                                                P.V.ASHA

rkc                                                              JUDGE
 WP(C).No.3418 OF 2021(B)



                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              A TRUE COPY OF THE MINUTES OF THE MEETING

CONDUCTED AT THE INSTANCE OF 4TH RESPONDENT DATED 29.01.2021.

EXHIBIT P2 TRUE COPY OF DECISION TAKEN BY THE 5TH RESPONDENT DATED 25.01.2021.

EXHIBIT P3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE VELAPPAYA ALAKUPURA CENTER MEDICAL COLLEGE ROAD SAMRAKSHANA JANAKIYA ACTION COUNCIL TO THE 4TH RESPONDENT DATED 25.01.2021.

EXHIBIT P4 A TRUE COPY OF THE REQUEST SUBMITTED BY THE 2ND PETITIONER DATED 25.01.2021 TO THE 4TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 01.04.2020 IN WP(TMP) NO.2/2020 DATED 01.04.2020.

EXHIBIT P7 A TRUE COPY OF INTERIM ORDER DATED 20.08.2015 OF THIS HONOURABLE COURT IN WPC 25676/2015.

RESPONDENTS' EXHIBITS

ANNX.R3A A SKETCH SHOWING THE UNIVERSITY CAMPUS AND OUTER RING ROAD