Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024 PRESENT THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K.V. ARAVIND WRIT PETITION NO. 11778 OF 2024 (GM-RES-PIL) BETWEEN:
1. MANU S AGED ABOUT 30 YEARS S/O SHIVALINGA H.K. R/AT NO.25, CHIKKAHUNSUR HUNSUR TOWN MYSORE DISTRICT - 571 105
2. MANJU
AGED ABOUT 43 YEARS Digitally signed by S/O PUTTARAJU PRABHAKAR R/AT NO.249, CHIKKAHUNSUR SWETHA KRISHNAN HUNSUR TOWN ,WARD NO.9 Location: High MYSORE DISTRICT - 571 105 Court of Karnataka …PETITIONERS (BY SRI VAIDYA RAVI LAXMINARAYANA, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY BANGALORE - 560 001 -2-
2. THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF ECOLOGY AND FOREST GOVERNMENT OF KARNATAKA BANGALORE - 01
3. THE CHAIRMAN PARISARA BHAVANA, NO.49 CHURCH STREET BENGALURU - 01
4. THE MEMBER SECRETARY GOVERNMENT OF KARNATAKA BENGALURU - 01
5. THE CHIEF ENVIRONMENT OFFICER BIO-MEDICAL AND HAZARDOUS WASTES PARISARA BHAVANA, CHURCH STREET BENGALURU - 01
6. THE DEPUTY COMMISSIONER AND THE CHAIRMAN REGISTRATION AND GRIEVANCE REDRESSAL AUTHORITY KPME ACT, 2007, DC OFFICE SIDDARTHANAGARA, MYSORE - 11
7. DISTRICT HEALTH OFFICER AND THE MEMBER SECRETARY REGISTRATION AND GRIEVANCE REDRESSAL AUTHORITY KPME ACT, 2007, MPC HOSPITAL NAZARBAD MYSORE - 570 010 -3-
8. THE COMMISSIONER CITY MUNICIPAL COUNCIL HUNSUR, OLD BM ROAD HUNSUR TOWN MYSORE - 571 105
9. THE CHIEF FIRE OFFICER MYSORE ZONE WAP FACTORY ROAD HEBBAL INDUSTRIAL ESTATE MYSORE - 570 016
10. CAUVERI HEART AND SUPER SPECIALITY HOSPITAL MADIKERI-MYSORE BYPASS ROAD DODDAHUNSUR VILLAGE HUNSUR TOWN - 571 105 REPRESENTED BY ITS AUTHORISED SIGNATORY
11. SMT H B RANJITHA AGED MAJOR W/O DR. P.S. LOHITH C/O CAUVERI HEART AND SUPER SPECIALITY HOSPITAL MADIKERI-MYORE BYPASS ROAD DODDAHUNSUR VILLAGE HUNSUR TOWN - 571 105 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NOS.1 TO 9 TO REMEDY THE ILLEGALITIES POINTED OUT IN THE REPRESENTATIONS AT ANNEXURES-A TO J BY CLOSING THE 10TH RESPONDENT HOSPITAL IN DISCHARGE OF THEIR DUTIES IN ACCORDANCE WITH LAW. -4- THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard learned advocate Mr. Vaidya Ravi Laxminarayana for the petitioners and learned Additional Government Advocate Ms. Niloufer Akbar who appears on behalf of respondent Nos.1 and 2 upon service of copy of the petition in advance.
2. The petitioners are the members of the Hunsur City Municipal Council.
3. The allegation, the case and the grievance in this public
interest petition are that respondent No.10-the Cauveri Heart and Super Speciality Hospital, Madikeri-Mysore Bypass Road, Doddahunsur Village, Hunsur Town, has not obtained necessary licences under the Environmental Law and has not installed the fire safety measures. It is the say of the public interest petitioners that it creates danger to safety and promotes health hazards. -5-
4. Learned Additional Government Advocate would submit that the petition is motivated petition, filed for political motive and the petitioners want to grind their own interest.
5. While it is true that the hospital would have to obtain all
permissions, licences and no objections as may be required under different laws, to run the hospital and to treat the patients, the Court is not inclined to entertain the public interest petition for two reasons. 5.1 Firstly, the petitioners, members of the Municipal Council, are educated persons who can raise the issue and take suitable measures through the Municipal Council of which they are the members. They could approach the competent authorities to impress upon them that the hospital concerned has not obtained necessary licences and permissions in accordance with law.
6. Leaving such liberty open for the petitioners to make
representation and if such representation is made by the petitioners to the authorities concerned, it is observed and provided that the authorities shall look into the issue and take appropriate action, if needed, in accordance with law. -6- 6.1 Except the aforesaid observations, no case is made out to get any relief in this public interest petition.
7. It is dismissed. Sd/- CHIEF JUSTICE Sd/- JUDGE KPS List No.: 1 Sl No.: 7