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Before the Madurai Bench of Madras High Court
V. DHANAPALAN & V.M. VELUMANI, JJ.
Dr. S. Gurushankar
Versus
The Government of Tamil Nadu, represented by The Secretary to Government & Others
W.P(MD)No. 17855 of 2014 & M.P(MD)No. 1 of 2014
Decided on : 23-12-2014
Exemption - Tamil Nadu Town and Country Planning Act, 1971 - Section 113 - Summary of Acts and Sections: The court considered the petitioner's application for exemption under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, in relation to the construction of a multi-specialty hospital. The court directed the first respondent to consider and pass appropriate orders on the application for exemption within six weeks, and restrained the third respondent from taking any coercive action against the petitioner hospital until then.
Fact of the Case:
The petitioner, who established a multi-specialty hospital, sought exemption under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, after receiving notices from the third respondent to stop construction work and vacate the building due to alleged contravention of approved plans.
Finding of the Court:
The court found that the petitioner's hospital provided valuable medical assistance to the public and rural communities, and directed the first respondent to consider and pass orders on the application for exemption under Section 113 within six weeks. The third respondent was restrained from taking any coercive action against the petitioner hospital until the application was decided.
Issues: The main issue was whether the petitioner could avail the remedy under Section 113 of the Act, and whether the notices issued by the third respondent would cause prejudice to the petitioner and the public.
Ratio Decidendi: The court held that the petitioner's hospital played a crucial role in providing medical assistance to the public and rural communities, and directed the first respondent to consider and pass orders on the application for exemption under Section 113 within six weeks. The third respondent was restrained from taking any coercive action against the petitioner hospital until the application was decided.
Final Decision: The court directed the first respondent to consider and pass appropriate orders on the application for exemption under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, within six weeks, and restrained the third respondent from taking any coercive action against the petitioner hospital until then.
V. Dhanapalan, J.
1. Heard Mr. K.Subramanian, learned Senior Counsel appearing on behalf of Mr. S.Ramesh, learned Counsel for the petitioner, Mr. M.Govindan, learned Special Government Pleader for the respondents 1 to 3 and Mr. M.Gandhi, learned Counsel for the fourth respondent.
2. Seeking a writ of Mandamus to direct the first respondent to pass orders on the application for exemption under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, sent by the petitioner to the first respondent on 15th October, 2014, in accordance with law expeditiously, the petitioner has filed the present writ petition.
3. The case of the petitioner, inter alia, is as follows:
3.1. The petitioner has established a Super Specialty Hospital at Thanjavur, by name, Meenakshi Hospital in Survey No.244/2, 6, 7 and 9A1 through financial assistance by availing loans from Nationalized Banks and he claimed that it is his own property and set up in the year 2008-09 at the outskirts of Thanjavur Municipal Town in the village of Neelagiri Therkku Thottam. According to the petitioner, as there was a consistent demand by the people of Thanjavur and the surrounding Districts for the establishment of a superior healthcare services hospital and in order to fulfill the said long standing demand of the people of that area, he started the above said 120 bed-Jed Multi-Specialty Hospital. Further, the building was constructed in the area of 4,150 .30 Sq. Metres after obtaining necessary approval from the Director of Town and Country Planning, Chennai in No.227/2010 dated 30.12.2010, Local Planning Authority, Thanjavur No.01/2011 dated 12.01.20 11 and from Thanjavur, Nilagiri Panchayat No.05/2011 dated 12.01 2011. The said Hospital has been operating services with effect from 05.01.2013 and thereby, providing a Word Class Health Care to all the people of Thanjavur and other surrounding districts at their affordable costs.
3.2. It is further case of the petitioner that the said Meenakshi Hospital, Thanjavur, is offering a total and comprehensive health solution comparable to the best hospitals in India. The team comprises physicians, surgeons and other healthcare professionals of the highest caliber and experience. The hospital features one of the most advanced hospital computer networks and supports more than 100 computers and has computerized nearly every aspect of patient care including all patient information, lab testing and radiological imaging. He has also listed out the salient features incorporated in the hospital for the benefits of the people and inter alia, the said Hospital is,-
(a) the only private hospital in Thanjavur District to follow the NABH standards and get inspection done to be accredited by the NABH (National Accreditation Board for Hospital and Healthcare providers);
(b) Providing fully automatic Fire Extinguisher, Wet Sprinkler System, Smoke Detector, Smoke Exhaust, Automatic Fire Alarm and Yard Hydrant for the safety and security of patients, public and building;
(c) Having eight numbers of lift and one number of ramp for the usage of patients and attenders and is functioning with uninterrupted power supply without affecting the patient care, besides, following the green building concepts in view of saving in power consumption and eco-friendly environment;
(d) Having sewage water treatment plant and the treated water has been utilized to the in house plantation development;
(e) Having Accident and Emergency Department in Thanjavur District and surrounding districts. The chances of saving the life of a critically ill patient (affected in an accident or in an emergency situation like poison, snake bite and etc.) are much higher in a hospital with Accident & Emergency Department than a hospital without Accident & Emergency Department;
(f) Providing cancer treatment like Linear accelerator radiotherapy and chemotherapy. If the people of Thanjavur district and surrounding districts need to undergo the Cancer treatment th
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