High Court Kerala High Court

N.A.Sheriffa vs Kalamassery Municipality on 11 August, 2008

Kerala High Court
N.A.Sheriffa vs Kalamassery Municipality on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20634 of 2008(F)


1. N.A.SHERIFFA, AGED 71 YEARS,
                      ...  Petitioner
2. A.K.NAZER, S/O.A.M.KHADHAR PILLAI,

                        Vs



1. KALAMASSERY MUNICIPALITY, REPRESENTED
                       ...       Respondent

2. THE SECRETARY, KALAMASSERY MUNICIPALITY

3. THE SENIOR TOWN PLANNER,

4. THE CHIEF TOWN PLANNER,

5. THE DISTRICT MEDICAL OFFICER FOR

6. THE CHIEF ENVIRONMENTAL ENGINEER,

7. K.H.ABDUL MAJEED, S/O.HASSAN,

8. K.H.MOHAMMED ALI, S/O.HASSAN,

9. K.H.ABDUL SALAM, S/O.HASSAN,

10. K.H.ABDUL KAREEM, S/O.HASSAN,

11. M/S.R.F.MOTORS, REPRESENTED BY ITS

                For Petitioner  :SRI.O.V.MANIPRASAD

                For Respondent  :SRI.JOSEPH A.VADAKKEL

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/08/2008

 O R D E R
                     ANTONY DOMINIC, J

    -----------------------------------------------------------
                    W.P.(C).No.20634/2008
    -----------------------------------------------------------
          Dated this the 11th     day of August, 2008


                           JUDGMENT

Petitioners submit that, in a property which is adjacent

to their residential premises belonging to the respondents 7

to 10, a structure has been completed and that in the said

structure, the 11th respondent is proceedings to establish a

workshop without obtaining a licence from the first

respondent Municipality.

2. Respondents 7 to 10 and 11 submits that, a plot of

land belonging to respondents 7 to 10 is being developed by

the 11th respondent based on an agreement among

themselves. It is stated that only after development work is

completed, will they be in a position to make application

to the first respondent Municipality for utilization of the

building for the purpose for which it is intended.

WP(c).No.20674/08 2

3. It is stated that, so far they have not completed the

structure and only thereafter they will make an

application. Municipality also confirms that no application

for licence has been received by them.

4. If as stated by respondent No.11, they have not

obtained any licence in respect of the premises in question,

it is only natural that they cannot establish any workshop or

other facility in the building in question. Now that the

respondent No.11 submits that, they will make an

application to the Municipality, on completing the

developmental works, it will be the Municipality’s duty to

consider the application with notice to the petitioners who

are the neighbouring respondents.

Therefore, writ petition is disposed of directing that,

without licence, the Municipality shall not permit

respondents 7 to 10 or 11 to establish any workshop or

other establishment and that as and when an application

WP(c).No.20674/08 3

received from them or any one of them, the Municipality

shall consider with same only with notice to the petitioners.

ANTONY DOMINIC
JUDGE

vi.

WP(c).No.20674/08 4