IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 29035 of 2008(F) -------------------------- PETITIONER(S): --------------- K.P. SUBAIR HAJI, « REENAS', THAVAKKARA ROAD, KANNUR-2. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. THE KANNUR MUNICIPALITY, REP. BY SECRETARY, KANNUR. 2. THE TAHSILDAR, KANNUR. 3. THE VILLAGE OFFICER, KANNUR-1 VILLAGE, KANNUR. 4. K.V. HAMZA, C/O. TAXTILE BIG BAZAAR, NEAR CITY CENTRE, FORT ROAD, KANNUR ( CORRECTED) THE NAME OF R4 IS CORRECTED AS FOLLOWS AS PER ORDER DT. 5-11-2008 IN I.A.NO.13905/2008. 4. ABDULLA SUBAIR, PROPRIETOR, CITY CENTRE, FORT ROAD, KANNUR. ADV. SRI.K.K.CHANDRAN PILLAI FOR R1 SRI.A.MOHAMED MUSTAQUE FOR R4 SRI.KAUSER EDAPPAGATH FOR R4 GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 29035/2008. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF DOCUMENT. EXT.P2 BASIC TAX RECEIPT DT. 16-2-2008. EXT.P3 REPRESENTATION DT. 9-11-2007. EXT.P4 DO. DT. 31-1-2008. EXT.P5 REPORT DT. 22-2-2008. EXT.P6 HEARING NOTICE DT. 13-3-2008. EXT.P7 COMMUNICATION DT. 20-1-2008. EXT.P8 REPRESENTATION DT. 27-5-2008. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R4(a) TAX RECEIPT DT. 30-6-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29035 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th February, 2009. J U D G M E N T The petitioner is aggrieved by the action of the 4th respondent in erecting advertisement board in such a manner as to prevent the passage of air and light to the petitioner's building, that too, without obtaining appropriate permission and licence from the Municipality. 2. Standing counsel for the Municipality, on instructions, submits that advertisement board has been erected by the 4th respondent without obtaining permit and licence from the Municipality and therefore the Municipality has issued show cause notice for removal of the same and objections are awaited. The 4th respondent admits having received the show cause notice and seeks two weeks' time to file objections. In the above circumstances, the writ petition is disposed of with the following directions: The 4th respondent shall file a reply to the show cause notice issued by the Municipality within two weeks from today. Thereupon, the 1st respondent shall pass final orders in the matter after hearing the petitioner as well as the 4th respondent, as expeditiously as possible, at any rate, within three weeks from the date of receipt of the objection from the 4th respondent. Sd/- S. Siri Jagan, Judge. Tds/