S.SYED KAMARUDHEEN Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) This writ Petition has been filed by the petitioner claiming himself to be a public spirited person, for a Mandamus, to direct respondents 1 to 6, to consider his representation, dated 27.05.2015 and further to direct respondents 1 to 6, to withhold the license / permission granted to the 7th respondent, till the violation of rules are corrected.

(2.) It is to be noted that this petitioner had earlier filed a petition to implead himself as a party in an earlier Writ Petition in W.P.(MD)No.7553 of 2015 and after dismissal of the said Writ Petition as withdrawn, the petitioner has filed the present Writ Petition for similar relief. The petitioner has admitted that he had earlier approached the National Green Tribunal, Principal Bench, New Delhi, seeking action against the 7th respondent, for violation of environmental norms and latter withdrew the same after knowing that such application is time barred and the petitioner is opposing the establishment of a Multi Speciality Hospital in a semi urban area three years after its construction mainly on the ground that the building rules and norms are vitiated. Taking into account the serious objections raised by the learned Senior Counsel appearing for the 7th respondent, and the fact that the petitioner has given address where he is not residing, we propose to examine the locus standi of the petitioner.

(3.) The petitioner has stated that he is a resident of Mdurai. He stated in his affidavit that he came to know the construction of a new Hospital by name and style, Meenatchi Hospital at Thanjavur, when he made a visit to Meenatchi Mission Hospital, Madurai. On another occasion in the year 2013, the petitioner says that he happened to be at Thanjavur, for his personal work and at that time, he visited the said hospital constructed at Thanjavur, in the year 2013. According to him, it was at that time, he noticed that the construction of the building of the hospital is occupying the entire area of the lands and that there is no space more than two feet between two sides of the building. The petitioner further submitted that he sent representation in 2013, to various authorities to correct the Hospital administration, in the interest of patients. The petitioner further pleaded that from Hindu News Paper, dated 29.12.2014, he came to know serious shortcomings and violations committed by the 'Meenachi Hospital' at Thanjavur in the construction of Hospital building and that he enquired and found that there are so many violations and evasions, posing serious threat to the life of the patients and public. It is also alleged by the petitioner that the Hospital has obtained approval from the authorities in an illegal manner. It was further alleged by the petitioner that the Hospital did not obtain permission from 'Pollution Control Board' and that they failed to obtain 'No Objection Certificate' from the Air Force Base, which is just 2.4 kms., away from the Hospital. The petitioner also admitted that he came to know about the pendency of earlier Writ Petition in W.P.(MD)No.7553 of 2015, before this Court and that he filed a petition to implead himself as party in M.P.(MD)No.1 of 2015 in W.P.(MD)No.7553 of 2015. The petitioner in W.P.(MD)No.7553 of 2015 wanted to withdraw the Writ Petition and it was thereafter, the petitioner sought to implead himself, as a party to the Writ Petition. However, a Division Bench of this Court permitted the petitioner in W.P.(MD)No.7553 of 2015, to withdraw the Writ Petition and gave liberty to the petitioner to come up with a fresh Writ Petition. It was thereafter, the present Writ Petition has been filed.