S.J.MUKHOPADHAYA, J.
This writ petition, in public interest, has been preferred by the petitioner for direction on respondents 1 to 4 to restrain respondents 5 and 6 from operating a hospital at the residential flat in Plot No.69 and 71 at Gandhi Nagar, Dindigul Road, Trichy.
2. According to the petitioner, the entire area is an approved layout by the 1st respondent, approved on 7th April, 1973 as residential area. The 6th respondent has purchased the residential plots consisting of eight residential apartments situated in Plot No.69 and 71. Subsequent to the purchase, the 6th respondent is making hasty attempts to convert the said premises into a hospital meant to treat HIV patients under the banner of the 5th respondent, M/s.Freedom Foundation. The petitioner apprehends health hazard and pollution in the event of the commencement of the hospital business by the 5th and 6th respondents.
3. The respondents have appeared and opposed the writ petition. According to them, the area is not a residential zone, but a mixed zone. The main stand has been taken by the 6th respondent, who has denied the allegation that the 5th respondent is running a hospital for HIV patients. According to the respondents, the apartments, comprising of eight flats in Plot No.69 and 71 in Gandhi Nagar, Dindigul Road, was purchased by the 6th respondent on 29th Dec., 2007. The building has been constructed on the basis of the permission granted by the Commissioner, Trichy Municipal Corporation pursuant to planning permit dated 24th Jan., 2006 on the application as was preferred by his vendor. The 5th respondent is a charitable trust and Non-Governmental Organisation (NGO) working for HIV patients for creation of awareness of AIDS in the society. The said 5th respondent, in furtherance of the National AIDS Central Project funded by the Central Government, took the apartments on lease for counselling and providing food and drugs free of cost to the patients inflicted with HIV and is running a care home for HIV patients. The District Collector, Trichy, is the Chairman of the National AIDS Central Project for the Trichy District. The apartment is not rented out nor used for commercial purpose, but for providing care home for HIV patients.
This fact has not been disputed by the official respondents.
4. In view of the stand taken by the 6th respondent, as this Court finds that the house in question is used for running a care home for HIV patients for counselling HIV patients and HIV disease is otherwise not communicable disease, the grant of relief as sought for will be against public interest. There being no merit, the writ petition is dismissed. But there shall be no order as to costs.
GLN To
1. The Director of Town & Country Planning CMDA, Chennai.
2. The Assistant Director Town & Country Planning Trichy.
3. The District Collector Trichy.
4. The Commissioner Trichy City Corporation Trichy - 1.