Al Madeena Institute Of Medical Science ... vs The District Police Chief
2023 Latest Caselaw 12897 Ker

Kerala High Court

Al Madeena Institute Of Medical Science ... vs The District Police Chief on 8 December, 2023

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WPC 21683/20




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
 FRIDAY, THE 8TH DAY OF DECEMBER        2023 / 17TH AGRAHAYANA, 1945
                         WP(C) NO. 21683 OF 2020
PETITIONER/S:
               AL MADEENA INSTITUTE OF MEDICAL SCIENCE PRIVATE
               LIMITED CHANGUVETTY, KOTTAKKAL, MALAPPURAM DISTRICT,
               PIN CODE-676 503, REPRESENTED BY ITS CHAIRMAN
               DR.P.AHAMMED KABEER.
               BY ADV THOMAS J.ANAKKALLUNKAL
RESPONDENT/S:


     1         THE DISTRICT POLICE CHIEF MALAPPURAM DISTRICT, PIN
               CODE-676 501.
     2         THE INSPECTOR OF POLICE/STATION HOUSE OFFICER,
               KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT, PIN
               CODE-676 503.
     3         MOOSAKKUTTY CH @ CH MANU, S/O.ABDULLA, CHOLASSERI
               MALAYIL HOUSE, CHANGUVETTY, KOZHUR KOTTAKKAL,
               MALAPPURAM DISTRICT, PIN CODE-676 503.
     4         FAWAS, S/O.UBAIDATH, KUNNUMMAL MEENATTIL HOUSE,
               CHANGUVETTY, KOZHUR KOTTAKKAL, MALAPPURAM DISTRICT,
               PIN CODE-676 503.
     5         KUNHIPOKKER @ KUTTIPPA, S/O.HASSAN, THAYYIL HOUSE,
               CHANGUVETTY, KOZHUR KOTTAKKAL, MALAPPURAM DISTRICT,
               PIN CODE-676 503.
     6         FASEELA, W/O.SAJIMON, PUNNAKKODAN HOUSE, MYTHRI
               ROAD, CHANGUVETTY, KOZHUR KOTTAKKAL, MALAPPURAM
               DISTRICT, PIN CODE-676 503.
     7         KAREEM S/O.MUHAMMED HAJI, ADATTIL HOUSE,
               CHANGUVETTY, KOZHUR KOTTAKKAL, MALAPPURAM DISTRICT,
               PIN CODE-676 503.
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WPC 21683/20


     8         MUNEER, S/O.ALLAPPU, VADAKKETHIL HOUSE, CHANGUVETTY,
               KOZHUR KOTTAKKAL, MALAPPURAM DISTRICT, PIN CODE-676
               503.
     9         SHAMSUDHEEN, S/O.MOHAMMED KUTTY, MOOZHIKKAL HOUSE,
               CHANGUVETTY, KOZHUR KOTTAKKAL, MALAPPURAM DISTRICT,
               PIN CODE-676 503.
    10         SIRAJ, S/O.MOOSA, ADATTIL HOUSE, CHANGUVETTY, KOZHUR
               KOTTAKKAL, MALAPPURAM DISTRICT, PIN CODE-676 503.
    11         ABDUL ASEES @ VILAMBARAM, S/O.MUHAMMED,
               CHELAPARAMBIL HOUSE, CHANGUVETTY, KOZHUR KOTTAKKAL,
               MALAPPURAM DISTRICT, PIN CODE-676 503.
               BY ADVS. SRI.K.P.SUDHEER SRI.J.RAMKUMAR


OTHER PRESENT:


               GP SREEJITH V.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 21683/20




                            JUDGMENT

(Dated this the 8th day of December 2023)

The Writ Petition is filed for a direction to respondent

Nos.1 and 2 to provide adequate protection for the orderly

conduct of the hospital owned and managed by the petitioner

from the obstruction of the 3rd respondent and their associates.

2. On 14.8.2021, an interim order was passed directing

respondent Nos.1 and 2 to ensure that law and order is

maintained and if requested, to afford effective protection for

the uninterrupted conduct of the Al Madeena Institute of

Medical Sciences Pvt. Ltd. from obstruction or illegal

interference by respondent Nos.3 to 11 or persons claiming

under them.

3. The Petition is filed in the year 2020 and the above

interim order still continues. Therefore, the Writ Petition is

allowed, making the interim order absolute.

Sd/-BASANT BALAJI, JUDGE dl/

APPENDIX OF WP(C) 21683/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TRADE LICENCE GRANTED BY THE KOTTAKKAL MUNICIPALITY DATED 22.06.2020 WHICH IS VALID UPTO 31.03.2021.

EXHIBIT P2 TRUE COPY OF THE TRADE LICENCE GRANTED BY THE KOTTAKKAL MUNICIPALITY DATED 22.06.2020 WHICH IS VALID UPTO 31.03.2021.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF AFFILIATION WHICH IS HAVING VALIDITY UPTO 31.03.2021. EXHIBIT P4 TRUE COPY OF THE REPORT ON ANALYSIS OF WATER BY GENO BIO RESEARCH CENTRE, WHICH I AN AGENCY APPROVED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 12.09.2020.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT.

RESPONDENT EXHIBITS

EXHIBIT TRUE COPY OF ORDER DATED 18/07/2019 IN WPC R11(a): NO.8278/2019 PASSED BY THIS HON'BLE COURT. EXHIBIT TRUE COPY OF RESOLUTION NO.10/1 DATED 25/04/2017 R11(b): OF PARAPPUR GRAMA PANCHAYAT. EXHIBIT TRUE COPY OF COMPLAINT DATED 09/05/2017 SUBMITTED R11(c): TO THE VILLAGE OFFICER, KOTTAKKAL. EXHIBIT PHOTOGRAPHS (6 NOS) OF PADDY LAND ILLEGALLY R11(d): RECLAIMED BY THE PETITIONER. EXHIBIT TRUE COPY OF THE RESOLUTION DATED 22/10/2017 R11(e): TAKEN BY THE PARAPPUR GRAMA PANCHAYAT AND FORWARDED TO THE HONOURABLE CHIEF MINISTER AND OTHER STATUTORY AUTHORITIES.

EXHIBIT TRUE COPY OF PROVISIONAL ORDER DATED 29/01/2018 R11(f): PASSED BY SUB DIVISIONAL MAGISTRATE (REVENUE

DIVISIONAL OFFICER), TIRUR UNDER SEC.133(1)(B) OF CODE OF CRIMINAL PROCEDURE, 1973.

EXHIBIT TRUE COPY OF REPORT NO.H1-5926/2017 dated R11(g): 01/06/2017 ISSUED BY KOTTAKKAL MUNICIPALITY TO THE DISTRICT COLLECTOR, MALAPPURAM. EXHIBIT TRUE COPY OF COMPLAINT DATED 05/10/2020 SUBMITTED R11(h): BY THE PETITIONER IN WPC.NO.8278/2019 TO THE HON'BLE CHIEF MINISTER AND OTHERS.