The petitioner is conducting a hospital. The hospital has been in existence for the past 22 years, according to the petitioner. The petitioner is aggrieved by the grant of Ext.P3 licence which permits the starting of a private market in the plot adjacent to the petitioner's property. The learned counsel for the petitioner points out that, the proposed private market is located very close to the petitioner's hospital. If the private market starts functioning, the petitioner's institution as well as the patients therein would be put to a lot of trouble and hardships. Ext.P2 report of the District Medical Officer is relied upon to point out that, the said authority had directed a distance of at least 30 metres to be maintained from the nearby houses and hospital. According to the petitioner, the said condition has not been complied with. The petitioner has therefore, challenged Ext.P3 by filing Ext.P4 appeal. The appeal is still pending. The petitioner seeks the issue of appropriate directions for the consideration of Ext.P4, expeditiously. Until the appeal is disposed of, he also seeks the issue of a direction that the private market shall not start functioning.
2. Having heard the learned counsel appearing for the petitioner, I am satisfied that, the appeal Ext.P4 is necessary to be W.P.(C) No.28397 of 2014 2 disposed of, without further delay. It is sufficient that, the 1st respondent is directed to consider and finally dispose of the same in a time bound manner. The 1st respondent shall also be at liberty to pass necessary interim orders to maintain the status quo until the appeal is finally disposed of.
This writ petition is therefore, disposed of directing the 1st respondent to consider Ext.P4 appeal preferred by the petitioner in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months of the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondents 4 to 8. The petitioner shall be at liberty to move the 1st respondent for the issue of appropriate interim orders to be in force until the appeal is finally disposed of. If such an application is submitted, the 1st respondent shall consider and pass appropriate orders thereon, within a period of one week from the date of receipt thereof.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV