Madras High Court sets aside Salem fines for lack of cleanliness

Chennai: Setting aside the orders of the authorities imposing a fine of Rs 10 lakh and Rs 15 lakh respectively on a hospital and an individual in Salem district for the unhealthy atmosphere prevalent in their premises, the Madras high court has directed them to treat the orders as show cause notices and file their response.

The judge added that if no reply is received within the time stipulated, it is open to the authorities to proceed against them. Justice S.Vaidyanathan gave the directive while allowing the petitions from Shanmuga Hospital & Salem Cancer Institute and S.Sundaresan.

Petitioners contended that the authorities had issued the orders straight away without carrying out any inspection or issuing prior notice, calling for an explanation and asking them to rectify the unhealthy atmosphere prevalent in their premises.

Special government pleader S.Diwakar submitted that as the petitioners have caused a nuisance, more particularly, taking note of the fact that “dengue”, a communicable disease, which was transmitted from one person to another through mosquitoes, was on the rise and was likely to be an epidemic, the authorities had passed the orders.

Justice Vaidyanathan said, “In this case, a reading of the notices shows that no prior opportunity was given before imposition of fine. Admittedly, there is violation of principles of natural justice, as the fine amount is directly imposed upon the petitioners and not in accordance with the statute and that the authorities have not followed the procedures contemplated under the Tamil Nadu Public Health Act. Hence, the orders are interfered with and the same are set aside”.

The judge said the contents of the impugned notice may be taken as a show cause notice, now being issued under section 83 of the Act. 

If remedial measures are not taken by the petitioners, the authorities are empowered to proceed further against them in accordance with law. The petitioners shall reply to the impugned orders now being treated as show cause notices within 24 hours from the date of receipt of a copy of this order and if no reply is received within the time stipulated, it is open to the authorities to inspect the premises and take photographs and videographs, in order to establish the stance, the judge added.

The judge said the counsel for the hospital submitted that their hospital consists of separate Intensive Care Units for cancer patients and that the hospital was maintained in good condition and there were patients who were undergoing treatment for dengue. 

The petitioner was directed to rectify the defects pointed out by the authorities and maintain the hospital neat and tidy, as an unhealthy atmosphere will not only affect patients, but also the attendants, staff and other members of the hospital. 

The authorities were directed to restore water supply to the hospital, taking into account the welfare of the in-patients, the judge added.