VIKRAM N BANDA Vs. CORPORATION OF KOCHI; HEALTH INSPECTOR, CORPORATION OF KOCHI; DISTRICT MEDICAL OFFICER; C M BEEMA; IBRAHIM KUTTY AND ORS

JUDGEMENT

(1.) The petitioner is seeking positive directions from this Court against respondents 1 to 3 to enforce Ext.P5 closure notice issued by them.

(2.) The petitioner is a resident on the side of Krishnaswamy road, within the limits of respondent corporation. He alleges that respondents 4 and 5 are illegally conducting chicken farm, chicken sale and butcher shop in the shed adjoining to his house. After repeated complaints, the 4th respondent issued Ext.P5 notice which, according to the petitioner, is only an eye wash directing the party respondents to close the chicken farm activity. However, the party respondents never complied with Ext.P5 notice. Now the petitioner is given to understand that respondents 5 and 6 are attempting to take licence for the chicken farm. It is with this background, the petitioner has come up before this Court.

(3.) In the counter affidavit filed by respondents 4 and 5, it was contended that they have already issued with a licence for chicken stall and butchering of chicken on 22.1.2015 and however, no order has been passed by the respondent corporation within the statutory period of 30 days as envisaged under Section 447(6) of the Kerala Municipality Act, 1994. Therefore, according to them, the petitioners have deemed licence to conduct the chicken farm.