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
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W.P.(C).No.20634/2008
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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.
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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
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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