S. GURUSHANKAR Vs. COMMISSIONER

JUDGEMENT

(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.) 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 recommend the above application to the Commissioner, Thanjavur Municipality. In the meantime, the petitioner had also addressed an application dated 11.04.2012 to the Commissioner, Thanjavur Municipality and Chairman, Thanjavur Municipality seeking special permission to connect the hospital premises to the underground drainage system of Thanjavur Municipality. Pursuant thereto, the President, Nilagiri Panchayat had also addressed a letter dated 06.08.2012 to the Commissioner, Thanjavur Municipality requesting that linkage be provided with the underground drainage system to the hospital. By a letter dated 09.10.2012 addressed to the Commissioner, Thanjavur Municipality, the Chairman, Thanjavur Municipality had recommended and requested the Commissioner to pass a resolution to connect the hospital premises to the underground drainage system of Thanjavur Municipality.