IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22731 of 2010(N) -------------------------- PETITIONER(S): --------------- A.K.NAZER, S/O. A.M.KHADER, AGED 44 YRS, RESIDING AT 24/201/B, ANJIKATH, VMB ROAD, PATHADIPALAM, KOCHI-682 033. BY ADV. SRI.K.R.VINOD SMT.M.S.LETHA RESPONDENT(S): --------------- 1. KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KALAMASSERY, KOCHI-682 033. 2. SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY, KOCHI-682 033. 3. K.H.MUHAMMEDALI, AGED 52 YEARS, S/O. HASSAN, RESIDING AT THE RENTED HOUSE OF ELLIKKAL MUHAMMED, 24/143, ILLIKKAL MOIDEEN ROAD, PATHADIPPALAM, KOCHI-33. 4. K.H.ABDUL MAJEED, AGED 47 YEARS, S/O. HASSAN, RESIDING AT THE RENTED HOUSE OF ELLIKKAL SALIM, 24/148, ILLIKKAL MOIDEEN ROAD, PATHADIPPALAM, KOCHI-33. 5. K.H.ABDUL SALAM, AGED 40 YEARS, S/O. HASSAN, RESIDING AT THE RENTED HOUSE OF ANWAR, 24/152 D, ILLIKKAL MOIDEEN ROAD, PATHADIPPALAM, KOCHI-33. 6. F.M.FAROOQ, MANAGING DIRECTOR, R.F.MOTORS(P)LTD., PATHADIPPALAM, COCHIN UNIVERSITY P.O., KOCHI-22. ADV. SRI.ANIL S.RAJ FOR R6 SMT.K.N.RAJANI FOR R6 SRI.RADHIKA RAJASEKHARAN P. FOR R6 SMT.ANILA PETER FOR R6 SRI.GEORGE KARITHANAM VARGHESE FOR R3,4,5 SRI.JOSE KURIAKOSE (VILANGATTIL) FOR R3,4,5 SHRI M.K.ABOOBACKER, SC FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22731/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2010 J U D G M E N T The petitioner prays for a direction to the second respondent to pass final orders under Section 406(3) of the Kerala Municipality Act, 1994 pursuant to Exts.P2 and P2(a) notices issued to respondent Nos.3 to 6, on a complaint filed by the petitioner. 2. Heard the learned counsel for the petitioner, learned counsel for the Municipality and the learned counsel appearing for the sixth respondent. 3. The learned counsel for the petitioner submitted that the service station, which is the subject matter of dispute, is being run unauthorisedly. It is also pointed out that the same is causing innumerable problems for the petitioner and his family and is a real health hazard. These contentions are opposed by the learned counsel appearing for the contesting respondents. 4. The Secretary of the Municipality will have to pass final orders under Section 406(3) of the Kerala Municipality Act. It is submitted by the learned counsel for the Municipality that the contesting respondents have filed their objections to the notices issued and they will conduct hearing of both the parties within a specified W.P.(C). No.22731/2010 -:2:- time. It is submitted that some more time will be required to finalise the proceedings. The learned counsel for the petitioner prays for a direction to the Municipality to finish the entire proceedings within a short time, in view of the nuisance experienced by the petitioner's family. Having regard to the contentions of both the parties, there will be a direction to the second respondent to hear the petitioner as well as respondent Nos.3 to 6 and pass final orders within a period of three weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms