High Court of KeralaWP(C)/14195/2015disposed of

K.P.Jyothish v. Kannur Municipality

2015-10-01Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 14195 of 2015 (Y) -------------------------------------- PETITIONER:

--------------------- K.P.JYOTHISH, AGED 48 YEARS S/O.K.V.BHASKARAN, PROPRIETOR, GEETHA BAKERY KRISHNA KRIPA, SOUTH BAZAR, KANNUR RESIDING AT MOTTAMMAL HOUSE, KANNUR.

BY ADV. SRI.C.K.SREEJITH RESPONDENTS:

------------------------

1. KANNUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, KANNUR-670002.

2. KANNUR MUNICIPALITY COUNCIL REPRESENTED BY ITS CHAIRMAN, KANNUR-670002.

3. DISTRICT COLLECTOR COLLECTORATE, KANNUR-670001.

4. SENIOR TOWN PLANNER KANNUR MUNICIPALITY, KANNUR-670002.

5. BABU RAJAN LICENSEE, MUNICIPALITY BUNK NO.25 AND MILMA BOOTH SOUTH BAZAR, NEAR KSRTC BUS STAND, KANNUR-670003.

6. THAHIRA LICENSEE, MUNICIPALITY BUNK NO.25, SOUTH BAZAR NEAR KSRTC BUS STAND, KANNUR-670003.

R1, R2 & R4 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) SRI.ARUN ANTONY SRI.SHENU K.V.

SMT.S.AMBILY R3 BY GOVERNMENT PLEADER SRI. P.P. PADMALAYAM R5 & R6 BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14195 of 2015 (Y) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE MEMORANDUM SUBMITTED TO THE SECRETARY, KANNUR MUNICIPALITY DATED 06.01.2015 P2 :

COPY OF THE COUNTER AFFIDAVIT FILED IN THE ABOVE WRIT PETITION IN W.P.(C). NO. 1431/2015 P3:

COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT P4:

COPY OF THE CERTIFICATE ISSUED BY THE MUNICIPALITY OFFICE AS 8/25089/2010 DATED 15.12.2010 RESPONDENT(S)' ANNEXURES:- ----------------------------------------------- ANNEXURE I - COPY OF COUNTER AFFIDAVIT IN W.P.(C). NO. 1431 OF 2015 BEFORE THE HON'BLE HIGH COURT ANNEXURE II - A ROUGH SKETCH SHOWING THE LOCATION OF THE BUNK, THE PROPOSED SHIFTING /TRUE COPY/ P.A. TO JUDGE

V.CHITAMBARESH,J.

------------------------------- W.P.(C) No. 14195 of 2015 ----------------------------------------- Dated this the 01st day of October, 2015

JUDGMENT

The petitioner objects to the shifting of a Milma Booth. The allotee of the Milma Booth has no much objection. The petitioner contends that the shifting would adversely affect the parking place. The petitioner is one of the occupants of a shop in the Municipal Complex.

The petitioner has in this regard submitted Ext. P3 representation. The same shall be considered by the first respondent with notice to the petitioner and respondents five and six. The needful shall be done within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V.CHITAMBARESH JUDGE