IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 31312 of 2008(C) -------------------------- PETITIONER(S): --------------- DR.D.RAMANATHAN, MANAGING DIRECTOR, SITARAM AYURVEDA SPECIALITY HOSPITAL, VELIYANNUR ROAD, THRISSUR. BY ADV. SRI.MOHAN C.MENON RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 3. THE TOWN PLANNER, DISTRICT PLANNING UNIT, TRICHUR. 4. THE TRICHUR URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY. ADV. SRI.K.B.MOHANDAS FOR R4 SRI.LELLULAL T.G.THUNDATHIL FOR R4 SRI.M.R.DHANIL FOR R4 GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 31312/2008 ------------------------------------------------------------------- EXT.P1A TRUE COPY OF CERTIFICATE. EXT.P1B CERTIFICATE DT. 7-8-2008. EXT.P2 RELEVANT PAGES OF G.O.DT. 31-5-2007. EXT.P3 DOWNLOADED VERSION DT. 19-11-2007 EXT.P4 REQUEST DT. 6-12-2007. EXT.P5 COMMUNICATION DT.26-4-2008. EXT.P6 LETTER DT. 28-4-2008. EXT.P7 RELEVANT PAGES OF G.O. GAZETTED ON 3-5-2008. EXT.P8 REPRESENTATION DT. 16-5-2008. EXT.P9 REPLY DT. 10-6-2008. EXT.P10 REPRESENTATION DT. 10-7-2008. EXT.P11 REPRESENTATION DT. 1-8-2008. EXT.P12 REPLY DT. 8-9-2008. EXT.P13 REPRESENTATION DT. 16-9-2008. RESPONDENTS' EXHIBITS: -------------------------------------- EXT.R2(a) CIRCULAR DT. 25-4-2004. EXT.R2(b) GOVT. ORDER DT. 11-12-1990 [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 31312 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th March, 2009. J U D G M E N T The petitioner is running a Multi Speciality Ayurveda Hospital having 30 beds in his own property comprising 59 cents in Thrissur town. As per the detailed town planning scheme of Thrissur, the Chief Town Planner is competent to give permission to put up a hospital with 100 beds in the commercial use zone in which the petitioner's hospital is situate. The Government of India has announced a scheme for giving financial assistance for starting/expanding of public/private sector hospital in indigenous medicine. But, for applying for the same, the petitioner would require permission of the Chief Town Planner for moving the local authority for a building permit. The petitioner's grievance in this writ petition is that the Chief Town Planner is not taking action on the request of the petitioner. 2. A counter affidavit has been filed by the 2nd respondent Chief Town Planner. In paragraph 4, it has been stated thus: “The petitioner's hospital falls in the commercial zone of the Detailed Town Planning Scheme for Erattachiera-Chettayangadi area sanctioned vide G.O(Ms) No. 208/90/LAD dated 11.12.1990. As per the zoning regulations for the said DTP scheme hospital is a prohibited use in the said zone. A true photo copy of the said scheme rules of the Detailed Town Planning Scheme for Erattachiera-Chettyangadi area is produced herewith and marked as Ext. R2(b). As per Section 13 of the Town Planning Act, Government can vary Town Planning Schemes sanctioned under Section 12 of the Town Planning Act. Now the Government has taken necessary steps to vary the zoning regulations of the above said Detailed Town Planning Scheme sanctioned by the Government and this respondent has forwarded draft zoning regulations to the Government for approval on 23.12.2008. In the above said draft, suggestion by the petitioner in respect of his hospital also included. It is now under the consideration of the Government. Initially the Government has to publish the draft notification inviting objections and suggestions from the public. It is provided in Section 13(2)(a) and (b) of the Town Planning Act that before issuing such notification, Government shall publish in W.P.C. No. 31312/2008 -: 2 :- the prescribed manner a draft of such notification together with a notice mentioning the reasons for the proposed variation or revocation and specifying a date on or after which such draft will be taken into consideration and shall consider any objection or suggestion which may be received in respect of such draft from the Council or any person in respect of the scheme before the date of the scheme so specified. After receiving the objections and suggestions Government has to scrutinize the same and should comply with the other legal formalities before issuing the final notification. Normally a period of 6 months time is required for completing all the formalities before publishing the final notification.” 3. I am of opinion that in the above circumstances, the writ petition can be disposed of with a direction to the 1st respondent to take a final decision on the request made by the petitioner in this regard. Accordingly, such decision shall be taken within six months from the date of receipt of a copy of this judgment, after completing all the formalities as stated in paragraph 4 of the counter affidavit. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/