NOUSHAD Vs. KAYAMKULAM MUNICIPALITY

JUDGEMENT

(1.) Petitioner is a resident of Ward No. XX of Kayamkulam Municipality. He has filed this Writ Petition for direction to the 1st respondent-Municipality to take immediate steps to close down the toddy shop run by the 4th respondent in the unauthorised building constructed by the 3rd respondent.

(2.) The case of the petitioner is that the 3rd respondent obtained Ext. P1 building permit from the 1st respondent-Municipality for construction of a residential building in Ward No. XX of the Municipality which is a residential area. However, the 3rd respondent instead of constructing a house constructed a building suitable for running a toddy shop and leased out the same to the 4th respondent wh6 is running a toddy shop there from June 2004 onwards. Since the building is an unauthorised construction, 1st respondent-Municipality has not issued completion certificate or occupancy certificate, and so much so, the toddy shop should not be permitted to be run in the building, is the case of the petitioner. The petitioner has a further case that the toddy shop run by the 4th respondent is an unauthorised one, in as much as the Municipality has not granted permission or licence to the 4th respondent under Section 447 of the Kerala Municipalities Act, (herein-after called for short 'the Act').

(3.) I have gone through the separate counter affidavits filed by the 1st respondent-Municipality, the Assistant Commissioner of Excise under orders of this Court and by respondents 3 and 4, and have also heard counsel appearing for the petitioner, 1st respondent, respondents 3 and 4 and the Government Pleader.