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2026 Supreme(Online)(Ker) 32044

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Mar Sleeva Medicity Palai – Appellant
Versus
State Of Kerala – Respondent
WP(C) NO. 6779 OF 2025



Advocates:
For the Appellants/Petitioners: Abel Tom Benny, D.Prem Kamath, Tom Thomas, Aaron Zacharias Benny, Alan J Yogyaveedu, Clint Jude Lewis, Mathew Angelo Davis, Jyothika Krishna
For the Respondents: V.K Sunil

A court will close a writ petition seeking police protection if the petitioner fails to demonstrate that the circumstances causing the initial grievance continue to persist at the time of final disposal.

Headnote:The matter concerns a request for police protection for a hospital against alleged obstruction of ingress and egress by a nurses' association. The court noted that there was no evidence that the original circumstances requiring intervention continued. The main issue is whether the court should maintain an active order for police protection in the absence of a continuing cause of action. The court reasoned that in the absence of evidence demonstrating that the disturbance persists, keeping the writ petition pending is unnecessary. The writ petition is closed with liberty to the petitioner to approach the court again should fresh cause arise.

Table of Content
1. petition for police protection in cases of institutional obstruction. (Para 1)
2. closing a petition when the underlying grievance is not shown to be currently subsisting. (Para 2)

JUDGMENT

Dated this the 25th day of May, 2026 This writ petition has been filed seeking police protection for the proper functioning of the hospital being run by the petitioner Trust. According to the petitioner, the 4th respondent, namely the Kerala State United Nurses Association is conducting protests and ‘dharnas’ at the gate of the hospital, preventing the free ingress and egress of willing employees, managerial persons, doctors, patients, trainees, visitors etc. Accordingly, the petitioner has sought for the following relief from this Court;

“Issue a writ of mandamus or other appropriate writ, order or direction, directing 2nd and 3rd respondents to afford adequate and effective protection for smooth functioning of petitioner's hospital at Cherpunkal, Palai in Kottayam District and further to ensure free ingress and egress of willing employees, the managerial persons, the Doctors, Patients, the trainees, the visitors, the vehicles, bystanders etc to and from the hospital of the petitioner at Cherpunkal, Palai in Kottayam District and this being a hospital, also to ensure that no Dharna, Demonstration, or any other direct action or strike is conducted within within a radius of 100 meters from the entrance of the hospital, and also to ensure smooth functioning of the hospital without any disturbance or obstruction in any manner by respondents 4 to 7 or their members or any person on their behalf.

2. This matter came up for consideration before this Court initially on 18.02.2025 and this Court passed the following order;

“ The learned Government Pleader takes notice for the respondents 1 to 3. Issue notice by speed post to the respondents 4 to 7.

On a consideration of the facts and materials on record, particularly that the petitioner is a hospital and the materials prima facie show that the party respondents are obstructing the free ingress and egress to the hospital, I am satisfied that the petitioner is entitled to an ad-interim order.

Hence, I direct the third respondent to afford adequate police protection for the smooth functioning of the hospital and ensure that the free ingress and egress of the employees, patients and also such other persons/visitors, including their vehicles is disrupted by the party respondents while conducting any strike/dharna. The third respondent shall also ensure that the party respondents and their men conduct the strike/dharna beyond 100 meters from the entrance of the petitioner hospital.

Post after three weeks.”

There is nothing to indicate that the circumstances which led to the filing of the writ petition and the order dated 18.02.2025 of this Court still subsists. Therefore, there is no reason to keep the writ petition pending.

Accordingly, this writ petition is closed, making it clear that if there is any subsisting issue being faced by the petitioner, it is open to the petitioner to approach this Court again by filing a fresh writ petition.

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