P MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal against the judgment of a learned Judge of this Court allowing O. P. 1776 of 1973 to the extent of quashing Ext P2 order and declining to quash Ext. P3, on the ground that the writ petitioner has no locus standi to attack the same. The latter part of the order is the subject matter of this appeal by the writ petitioner.

(2.) The writ appellant is a Medical Practitioner running a Nursing Home in Cannanore. The 5th respondent proposed to locate a temporary cinema in a shed in the neighbourhood of the appellant, as alleged, and sought for permission for the temporary construction. The appellant object on the ground that the location of the cinema close to the appellant's Nursing Home would constitute a nuisance to the Nursing Home and to the patients undergoing treatment there for various ailments. The Municipality (3rd respondent) granted the permission by order dated 4th April 1972; and the Municipal Council rejected the appellant's appeal by its order dated 31st May 1972. A further revision was preferred before the District Collector, who allowed it by Ext. P1 order dated 14th February 1973, and the appeal was remanded back to the Council for being heard and disposed of in accordance with law, after affording the petitioner an opportunity to be heard. The Council again dismissed the appeal by Ext. P2 order dated 27th April 1973.

(3.) There were two suits, O. S. 251 of 1972 and O. S. 12/73, one by the appellant's brother, and the other by his wife, in respect of the proposed exhibition of the temporary cinema in the premises. The Munsiff, Cannanore had granted an injunction restraining the 3rd respondent from granting permission for the offending construction, in the brother's suit. The same was vacated after the respondents entered appearance. In the wife's suit (O. S. 12 of 1973), a temporary injunction was issued restraining the 5th respondent from conducting the cinema in the temporary building. The same was vacated on appeal by the District Court in C. M. A. Nos. 5 and 6 of 1973. The matter was carried up further to this Court in C. R. P. No. 405 and 431 of 1973; and by judgment dated 7th June, 1973, the revisions were allowed and an injunction was granted by this Court restraining the Municipality from granting the licence, and the 5th respondent from conducting the cinema till the final disposal of O. S. 12 of 1973. We were informed that the suits have been decreed on 12th November 1973.