SIVADASAN Vs. KANNUR MUNICIPALITY

JUDGEMENT

(1.) Impugned in this revision initiated by the plaintiff is an order passed by the Trial Court in a suit in the nature of a public interest litigation. A resume of the facts is given below.

(2.) The plaintiff one P. Sivadasan claims to be a 34 year old businessman and son of one Sankaran of Pillakkal House, Kakkad Desom, Kannur. The suit is instituted arraying the Secretary of the local authority (1st respondent herein) and one K. V. Muhammedkunhi Haji (2nd respondent herein) as the defendants. The cause of action alleged is the construction of two buildings in gross violation of the Building Rules by the 2nd defendant. Reliefs sought for in the suit inter alia are perpetual injunction restraining the 2nd defendant not only from conversion of the parking area provided in one of the buildings into shops, but also from letting out the buildings to tenants.

(3.) The first defendant Municipality is yet to file a written statement in the suit. The 2nd defendant who will be affected by any decree which may be passed in the suit has filed a written statement in which he has contended inter alia as follows: