IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22991 of 2010(Y) -------------------------- PETITIONER: --------------- KRISHNAN VYDIAR, S/O. KUNHAPPU NAMBIAR NAMMANAT HOUSE, ATHIRAKAM P.O., MUNDAYAD, KANNUR - 570597. BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN) RESPONDENT(S): --------------- 1. THE KANNUR MUNICIPALITY, KANNUR REPRESENTED BY ITS SECRETARY, OFFICE OF THE KANNUR MUNICIPALITY, KANNUR. 2. CHAMBANTAVIDA UMMER FAROOQUE, S/O. ABDUL KHADER, RESIDING AT FASILAS, MUZHAPPILAMGAD, KANNUR-570 597. BY STANDING COUNSEL SHRI K.K.CHANDRAN PILLAI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.22991 of 2010 Y --------------------------------- DATED THIS THE 22nd DAY OF JULY, 2010 JUDGMENT The petitioner purchased a shop room in Re-survey No.324, Ward No.4, Block No.6 of Kannur Village numbered as CC. XXIX/1331(Old NO.752) as per Exhibit P1 document and he is conducting an Ayurveda Pharmacy in the said shop in the name and style 'Cannanore Medical Supplies'. 2. The second respondent is the owner of the adjacent property, which is situated in Re-survey No.322/1 of Ward No.2 of Block 6 of Kannur Village. According to the petitioner, the 2nd respondent is constructing a shopping complex violating the Rules, namely the Kerala Municipality Building Rules and also without leaving space between the building owned by the petitioner and the proposed newly constructed building. Seeking for appropriate action in the matter, the petitioner has approached the Municipality as per Exhibit P2 representation. Exhibit P3 is a further representation filed by him in the matter. 3. There will be a direction to the 1st respondent to take a decision on Exhibits P2 and P3 representations filed by the W.P.(C)No.22991/10 -2- petitioner, after conducting due enquiry and site inspection by a competent Officer. The petitioner and the 2nd respondent also will be issued notice for personal hearing. Appropriate final decision will be taken within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn