K ASHOK KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the owners / residents of Graha Mahalakshmi Apartment, which is a residential complex situated at No.37, Karaneeswarar Koil Street, Saidapet, Chennai - 600 015. The apartment, for which planning permission has been obtained as per the Tamil Nadu Town and Country Planning Act, 1971 from the appropriate authorities, consists of totally 8 flats. Out of 8 residential flats, two are on the ground floor and the 5th respondent Dr. Prabhakar is the owner of Flat No.A on the ground floor.

(2.) ACCORDING to the petitioners, all the other flats are occupied for residential purpose. There is a common area for car / two wheeler parking which is located in the front side of the apartment facing the road, consisting of 2,000 sq.ft. which is used by all the flat owners who have undivided right, title and interest over the land. The Chennai Metropolitan Development Authority (CMDA) and the Corporation of Chennai have granted planning permission on 07.03.2006, showing clearly that all the 8 flats including that of the 5th respondent as residential units. ACCORDING to the petitioners, the 5th respondent is running a hospital without prior sanction from the concerned authorities which violates the rules especially Rule 7(b) and 8 of the Development Control Rules for the Chennai Metropolitan area as framed by the 8th respondent CMDA. ACCORDING to the petitioners the 5th respondent is running a 24 hours hospital by employing the 6th and 7th respondents who are also professional Doctors, apart from giving facilities like Ambulance, Ultrasound, ECG, X-ray, Scan etc., with the result, throughout day and night patients are coming in large numbers and virtually the 5th respondent has converted the flat for residential purpose to commercial purpose. The 5th respondent is also throwing out bio-medical wastes in front of the flats causing environmental distress apart from nuisance to other occupants.

(3.) IT is also the further case of the petitioners that as per Tamil Nadu Apartment Ownership Act, 1994 no owner of any flat in an apartment shall do any work which would jeopardize the soundness or safety of the property without previously obtaining permission or unanimous consent of all the other occupants of the apartment. In the present case all the other occupants of the flat have unanimously objected to the use of the flat by the 5th respondent for the purpose of running a 24 hours hospital. The petitioners have caused a notice to the respondents 5 to 7 on 11.10.2007, on the basis that the use of the said portion by the 5th respondent is not only unauthorized but also without obtaining necessary plan and causing health hazards apart from creating environmental problems. The present writ petition is filed for a direction against the respondents 1 to 4 and 8 to initiate action against the respondents 5 to 7 to close the hospital being run by the said respondents in Flat No.A, Ground Floor, Graha Mahalakshmi Apartment, No.37, Karaneeswara Koil Street, Saidapet, Chennai " 600 015 and also prohibit them from using the premises in violation of any provisions of the Town and Country Planning Act, 1971, Development Control Rules, The Tamil Nadu Apartment Ownership Act 1994, Bio-Medical Waste (Management and Handling) Rules, 1998 and Tamil Nadu Public Health Act, 1939.