IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No. 456 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC 37235/2007 DATED 15.2.2008 & ORDER IN RP.611/2008 Dated 14/10/2008 .................... APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC --------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.C.M.SURESH BABU RESPONDENTS/PETITIONER & RESPONDENTS 3 & 4 IN WPC --------------------------------------------------------------------------------------- 1. DR.PRATHAP KUMAR, CARDIOLOGIST, P.R.S. HOSPITAL, TRIVANDRUM, RESIDING AT SAMBHAVI, ASRAMOM, KOLLAM. 2. KOLLAM CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOLLAM. 3. THE TOWN PLANNING OFFICER, KOLLAM CORPORATION, KOLLAM. ADV. SRI.C.UNNIKRISHNAN,SC,KOLLAM CORPORATION FOR R2 SRI.K.B.PRADEEP FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 456 of 2009 ------------------------------------------ Dated, this the 25th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the order of the learned Single Judge dated 15th February, 2008 and the reviewed order dated 14th October, 2008, respondents 1 and 2 in the writ petition have filed this appeal. The application of the writ petitioner, a qualified cardiologist, for establishing a Super Speciality Hospital in Cardiology, was rejected by the State on technical grounds, i.e., non compliance of one of the guidelines which is to the effect that the depth of the land should be 50 metres from the road. According to the appellants, as the total depth shown by the writ petitioner was 138 metres from the road margin, there is non compliance of this guideline and as such permission cannot be granted. 2. We are of the view that the learned Single Judge was W.A. No. 456 of 2009 - 2 - justified in upholding the contention of the writ petitioner. Since we find that as the guideline regarding depth of the land is possibly the minimum and as the petitioner has left more space, there is substantial compliance of the guideline. Hence we find no reason to interfere with the orders of the learned Single Judge. Writ appeal stands dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns