High CourtsSingle Bench(2010) 07 KL CK 0213

Krishnan Vydiar Nambiar vs The Kannur Municipality and Chambantavida Ummer Farooque

High Court Of Kerala · Decided on 22 July 2010

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) No. 22991 of 2010 (Y)

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Judgment

4 paragraphs · 248 words

T.R. Ramachandran Nair, J.—The Petitioner purchased a shop room in Re-survey No. 324, Ward No. 4, Block No. 6 of Kannur Village numbered as CC. XXIX/1331(Old No. 752) as per Exhibit P1 document and he is conducting an Ayurveda Pharmacy in the said shop in the name and style ''Cannanore Medical Supplies''.

2.

The second Respondent is the owner of the adjacent property, which is situated in Re-survey No. 322/1 of Ward No. 2 of Block 6 of Kannur Village. According to the Petitioner, the 2nd Respondent is constructing a shopping complex violating the Rules, namely the Kerala Municipality Building Rules and also without leaving space between the building owned by the Petitioner and the proposed newly constructed building. Seeking for appropriate action in the matter, the Petitioner has approached the Municipality as per Exhibit P2 representation. Exhibit P3 is a further representation filed by him in the matter.

3.

There will be a direction to the 1st Respondent to take a decision on Exhibits P2 and P3 representations filed by the Petitioner, after conducting due enquiry and site inspection by a competent Officer. The Petitioner and the 2nd Respondent also will be issued notice for personal hearing. Appropriate final decision will be taken within a period of three weeks from the date of receipt of a copy of this judgment. The Petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance.

The Writ Petition is disposed of as above.