Madras high court stays order directing St Joseph's Hospice to remove nuisance'

Thomas submitted that the Hospice was established in 2011 with 300 beds on 17 acres of land

Update: 2018-03-08 20:51 GMT
Madras high court

Chennai: The Madras high court on Thursday stayed the operation of an order of the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Kancheepuram, which directed the St. Joseph’s Hospice in Paleswaram village in Kancheepuram to remove the alleged “nuisance” from the Hospice.

Passing interim orders on a petition from V. Thomas, managing director of the St. Joseph’s Hospice, which sought to quash the show cause notice issued by the RDO dated February 22, Justice M.S. Ramesh granted the interim stay and posted to March 22, further hearing of the case.

In his petition, Thomas submitted that the Hospice was established in 2011 with 300 beds on 17 acres of land. The concept of hospice was not a hospital, but taking care and focusing upon the critically ill, terminable patients by giving them the environment of treating the sick, wounded or dying. The intention of the hospice was to take care and protect the interest of dying destitute, who were abandoned or orphaned by their family at public places, he added.

He said in the case of death, after intimation to the local police, village administrative officer and the panchayat, the hospice performs the last rites. A concrete vault burial place with huge pits has been constructed with concrete pillars. There were beds of rods between the pillars and they were structured in such a way to provide an airtight and separate sections. There was no chance for air or water pollution. However, a local politician G. Karunakaran had developed a nexus with a local contractor, who constructed the hospice and demanded money illegally from him. Since he refused to give the same, he instigated the authorities and made complaints against him. Following the same, the RDO issued a show cause notice under section 133 (a) of Cr.P.C. (any unlawful obstruction or nuisance should be removed from any public place or from anyway, river or channel which is or may be lawfully used by the public), directing him to remove the “nuisance”, he added.

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