S. GURUSHANKAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr. S. Silambanan, learned Senior Counsel appearing for the petitioner, Mr. R. Vijayakumar, learned Additional Government Pleader, who takes notice on behalf of respondents 1 and 2 and Mr. V. Jayaprakash Narayanan, learned Special Government Pleader, who takes notice for respondents 3 and 4.

(2.) THE Writ Petition is filed seeking to forbear the respondents from taking any coercive action as against the petitioner/Meenakshi Hospital, Thanjavur, pending final orders in the application for exemption, dated 15.10.2014, filed under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as the 'Act').

(3.) THE petitioner, Meenakshi Hospital is a Super Speciality Hospital at Thajavur set up in the year 2008 -09 outside the Thanjavur Municipal Town in the Village of Neelagiri Therkku Thottam. The petitioner made a request for reclassification of the land in Survey No. 244/2. Thereafter, an application was made on 04.08.2010 for approval of the Hospital Building to the Director of Town and Country Planning, Anna Salai, Chennai. Nearly after 3 1/2 years, since the Building Plan Approval was granted by the third respondent, a Notice dated 05.08.2014 under Sections 56 and 57 of the Act was issued by the third respondent to the petitioner to vacate from the building and to stop usage of the building. On 05.09.2014, a second notice was issued by the third respondent to the petitioner. Aggrieved by the same, the petitioner sent an exemption application on 16.10.2014 to all the respondents. Pending the said exemption application, the petitioner is before this Court.