[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the order dated 06.05.2015 passed by the first respondent in Na.Ka.No.529/2015 Thi.Li.Ma3 and quash the same.
2.It is averred in the petition that the petitioner is the Secretary of Agastheeswaram Area Crops Protection Association and Irrigation Agriculturist Association, Kottaram, Kanyakumari District. Further it is averred in the petition that the second respondent has given necessary permission to the sixth respondent for constructing a cancer hospital in Survey No.61/7A1, Kottaram, Agastheeswaram Taluk, Kanyakumari District. Further it is stated in the petition that in and around the survey number mentioned in the petition so many agriculture lands are available. Under the said circumstances, running of cancer hospital would affect crops and without considering the defects of running a cancer hospital in the place mentioned in the petition, the second respondent has passed the impugned order and therefore the same is liable to be quashed.
3.The learned counsel appearing for the petitioner has repeatedly contended that by way of running a cancer hospital in the survey number mentioned in the petition crops will be affected and under the said circumstances a representation has been given on 15.04.2016, but the same has not been considered and the second respondent has erroneously passed the impugned order dated 06.05.2015 and therefore the present writ petition has been filed for getting the relief sought therein.
4.The learned counsel appearing for the respondents 5 and 6 has contended to the effect that the second respondent after considering the entire circumstances has granted permission by way of passing the impugned order dated 06.05.2015 and a motive has been in existence between the petitioner and the sixth respondent and due to that the present writ petition has been filed.
5.It is seen from the impugned order that the second respondent has considered all aspects for granting permission.
6.The only contention putforth on the side of the petitioner is that by way of running a cancer hospital in the place mentioned in the petition, crops in adjacent lands will be affected. The contention putforth on the side of the petitioner cannot be admitted. Further as noted down earlier, the second respondent after considering all the aspects, has granted necessary permission by way of passing the impugned order. Since the second respondent has passed the impugned order after considering all the aspects, this Court is not inclined to quash the order dated 06.05.2015 passed by the second respondent in Na.Ka.No.529/2015 Thi.Li.Ma3 and altogether the present writ petition deserves to be dismissed.
7.In fine, this writ petition is dismissed without costs.
To
1.The District Collector, Kanyakumari District at Nagercoil.
2.The Joint Director, Town and Country Planning, 108, Thiruvananthapuram Road, Palayamkottai, Tirunelveli District.
3.The Revenue Divisional Officer, Agastheeswaram, Nagercoil, Kanyakumari District.
4.The Executive Officer, Kottaram, Agastheeswaram, Kanyakumari District.
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