MOHANDAS Vs. STATE

JUDGEMENT

(1.) The Thiruvananthapuram Specialists Hospital Private Ltd., Pattom Palace (Respondent No. 5 -hereinafter referred to as the Hospital in this judgment) was started at the initiative of medical specialists who were either working abroad or returned after years of experience abroad and in 1987 opened the Hospital in Pattom Palace on the area under lease of 150 years on consideration of Rs. 65 lakhs. The land in question is on lease with the hospital. The hospital has multi specialities in Cardiology, Cardiac surgery, Ophthalmology, lens implant and lazer unit Neprology with advanced dialysis unit. One by one thereafter the hospital started opening new specialities. The number of beds and increased specialities created need for the development and spread over to meet the demand for growing need of additional beds and specialities for extension of the existing construction. The application of the hospital to the State Government and grant of it in regard to exemption and relaxation of the relevant building rules is under challenge in this petition.

(2.) In the very Pattern palace compound, on the land, the Kerala State Housing Board constructed residential buildings and the petitioners, being the purchasers and therefore owners/occupiers of the residential flats constructed by the Housing Board, have objected to the sanction order dated 30.11.1993 (Ext. P1) granting exemption, under S.5 of the Kerala Building Rules, 1984. The relevant text of the said order is reproduced as follows:-

(3.) The objections spelt out in the petition are five-fold and are as here under:-