2014 Supreme(Mad) 743
High Court of Judicature at Madras
V. DHANAPALAN, J.
Dr. S. Gurushankar
Versus
The Commissioner & Others
W.P. No. 982 of 2014
Decided on : 28-03-2014
For the Petitioner:K. Prabhakar, Advocate.
For the Respondents: R1 & R3, R. Rajeswaran, R2 & R4, V. Subbiah, Special Government Pleader.
The central legal point established is that the authorities are obligated to consider the petitioner's requirement for sewerage connection based on public need and the petitioner's willingness to bear the costs and furnish security.
Headnote:
Hospital - Sewerage Water Drain Connection - Tamil Nadu Town and Country Planning Act, Section 49 - The court directed the respondents to consider the petitioner's requirement to connect the sewerage water drain from the hospital to the Underground Drainage system of Thanjavur Corporation, based on the petitioner's undertaking to bear the costs and furnish security.
Fact of the Case:
The petitioner, proprietor of Meenakshi Hospital, sought a direction to connect the sewerage water drain from the hospital to the underground drainage system of Thanjavur Municipality. The hospital was established to provide multi-speciality life-saving facilities in a town lacking such healthcare services.
Finding of the Court:
The court found that the hospital's need for sewerage connection had been pursued by the authorities, and the petitioner was willing to bear the costs and furnish security for the connection.
Issues: The main issue was the petitioner's request to connect the hospital's sewerage water drain to the underground drainage system of Thanjavur Municipality.
Ratio Decidendi: The court held that the respondents were bound to consider the petitioner's requirement based on the public need and the petitioner's undertaking to bear the costs and furnish security.
Final Decision: The court directed the respondents to consider the petitioner's claim positively and connect the sewerage water drain of the hospital to the Underground Drainage system of Thanjavur Corporation within eight weeks.
1. The Proprietor of Meenakshi Hospital, Thanjavur, viz. Dr. S.Gurushankar is before this Court with the above Writ Petition for a direction to the respondents to connect the sewerage water drain from Meenakshi Hospital, Nilagiri Village to the underground drainage system of Thanjavur Municipality on the basis of his representation dated 22.06.2013.
2. According to the petitioner, because of the demand from large sections of people of Thanjavur Town and neighboring areas, requesting him to establish a hospital with multi-speciality Life Saving facilities, inasmuch as there is no such multi-speciality Hospital within a radius of 120 kms from Thanjavur, he ventured to establish the said hospital in public interest in a small Town like Thanjavur. Even though Thanjavur and surrounding areas are thickly populated, for best health care facilities, people had to rush to either Pondicherry on the northern side or Trichy on the southern side to get treatment due to lack of health care facilities in Thanjavur. The sole driving force and intention for the petitioner is to establish a Hospital in public interest in a smaller town like Thanjavur and not in a bigger city like Madras or Coimbatore. Recently, the petitioner has completed construction and started operations of the said Hospital at Thanjavur, which has been designed to provide world-class health care to the people of Thanjavur at an affordable cost.
3. Some of the special features of Meenakshi Hospital are :
First Hospital in Thanjavur to have Cardiology and Cardiothoracic Surgery Department.
First Hospital confirming to NABH standards in Thanjavur
First IT enabled hospital in Thanjavur.
First Hospital in Thanjavur with Laminar flow activated Operation Theatres
First zero-infection OT complex in Thanjavur.
Largest laboratory infrastructure in Thanjavur
State-of-the-art Blood Bank
Largest imaging facility in Thanjavur with CT Scan & MRI
Most reliable and largest Intensive Care facility in Thanjavur.
24/7 critical care facility
DEPARTMENT OF CARDIOLOGY:
First Flat Panel fixed Cathlab in Thanjavur
State-of-the art Cardiac ICU
First facility for interventional cardiology in Thanjavur
Renowned Interventional Cardiologists
Only facility to perform Coronary Angioplasty in Thanjavur. Before the functioning of this Hospital, if someone in Thanjavur had a heart attack and needed treatment by Angioplasty, the nearest centre was in Trichy which is one hour twenty minutes by road. By this time, the patient with heart-attack would lose his life. Now these Life Saving facilities are available at "Meenakshi Hospital" in Thanjavur itself and hence several lives of people are saved by the Hospital everyday.
Trained Cardiac Technicians and Nurses.
DEPARTMENT OF CARDIOTHORACIC SURGERY:
First Cardiothoracic unit in Thanjavur
State-of-the-art CTS ICU
Experienced Cardiac Thoracic Surgeons and Surgical Team
Well-trained Cardiothoracic technicians and nurses.
DEPARTMENT OF NEPHROLOGY :
State-of-the-art Dialysis Centre
Only centre in Thanjavur to have 10 Dialysis Units.
Only centre in Tamil Nadu to perform Dialysis at a very low cost of Rs.600/-
Experienced Nephrologists and Technicians
DEPARTMENT OF ACCIDENT & EMERGENCY:
State-of-the-art Trauma care facility
Only hospital in Thanjavur to provide comprehensive trauma care with departments like Accident and Emergency, Neuro Surgery, Orthopedics, General Surgery, Urology, Gastroentology – all under one roof.
'Golden Hour' care unavailable.
Hi-tech ambulances.
Exclusive triage facility.
4. Though the Hospital is situated within the jurisdiction of Nilagiri Village Panchayat, the limits of Thanjavur Municipality begin within a distance of 1500 M from the hospital. Therefore, the petitioner submitted a representation on 15.03.2012 to the President, Nilagiri Panchayat, requesting that the hospital premises be connected with the underground drainage system in that area. The Nilagiri Panchyat had also passed a Resolution dated 09.04.2012 deciding to recomme