CHAMBER OF COMMERCE Vs. KUNNAMKULAM MUNICIPALITY

JUDGEMENT

(1.) This writ petition is filed by the Chamber of Commerce, Kunnamkulam Branch, seeking a writ of mandamus to the Kunnamkulam Municipality-- first respondent to provide facilities like proper toilets with water, drinking water, clean environment, adequate parking facilities, cleaning the leakages and proper maintenance, including proper lighting facilities in the buildings owned by the Municipality as mentioned in Ext. P2 representation submitted by the petitioner or in the alternative it seeks a direction to the Municipality to take a decision on Ext. P2 representation within a time limit to be fixed by this Court.

(2.) The petitioner has produced Ext. P1 series of photographs showing the condition of the toilets and washrooms of various building complexes of the Kunnamkulam Municipality. The substantial contention advanced by the petitioner is that every Municipality is duty bound to provide latrine facilities and also to ensure that private latrines are provided by the owners of the private building. However, the Municipality is duty bound to ensure that public as well as private latrines are maintained in a clean and hygienic manner as is insisted upon in Section 320 of the Kerala Municipality Act, 1994 ('Act, 1994' for short).

(3.) According to the petitioner, the Municipality has failed to discharge the duties and obligations conferred upon under the Act, 1994 and therefore, the petitioner has no other alternative than to seek reliefs by invoking the power conferred on this Court under Article 226 of the Constitution of India, especially due to the fact that the Municipality has failed to consider Ext. P2 representation submitted by the petitioner on 11.02.2016.