IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 34223 of 2008(Y) -------------------------- PETITIONER(S): --------------- MARTIN FRANCIS, S/O.LATE FRANCIS, AGED 43 YEARS, THOTTATHUSSERI HOUSE, SYRIAN CATHOLIC CHURCH ROAD, KOCHI-31. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE CORPORATION OF KOCHI,REPRESENTED BY ITS SECRETARY, OFFICE OF CORPORATION OF KOCHI, ERNAKULAM. 2. THE SECRETARY, CORPORATION OF KOCHI, OFFICE OF CORPORATION OF KOCHI, ERNAKULAM. 3. THE HEALTH OFFICER, CORPORATION OF KOCHI, OFFICE OF THE HEALTH OFFICER, CORPORATION OF KOCHI, ERNAKULAM. 4. BABY FRANCIS,W/O.LATE FRANCIS, 40/5927, THOTTATHUSSERI HOUSE, CYRIAN CHURCH ROAD, KOCHI-682031. ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R1 TO 3 SRI. S. RAMESH BABU -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, ALONG WITH WPC NO. 33751 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)Nos.34223 & 33751 OF 2008 ---------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT A mother and her son are at loggerheads in the matter of the son conducting a workshop in front of the house, where the mother is residing. The mother is the petitioner in W.P.(C) No.33751/2008 and the son is the petitioner in W.P.(C) No.34223/08. The mother is residing in the property in question. The son is residing away. But he is conducting the workshop in front of the house, where the mother is residing. The mother complains that the son is conducting workshop without obtaining a licence from the Corporation and seeks a direction to the Corporation to take action against the son for conducting workshop without a licence and without her consent causing pollution and inconvenience to her. The son submits that the workshop was started by his late father and since he is only continuing the business on the death of his father, there is nothing wrong in the son in doing the same. He therefore challenges the stop memo issued by the Corporation in that W.P.(c)No.34223/08 & Con.case 2 regard. 2. I have considered the contentions of both parties. I have also heard the learned counsel for the Corporation. 3. Admittedly the son does not possess a licence to run the workshop. It is also not disputed before me that the son cannot run the business of the workshop without a licence from the Corporation. That being so, clearly the running of the workshop by the son is against the provisions of the Kerala Municipality Act and the same has to be stopped. 4. In view of the above circumstances, the son has filed I.A.No.15475/2008 producing Ext.P7 application submitted by the son before the Corporation for a licence. He now submits that the Corporation may be directed to consider and pass orders on Ext.P7 application for licence. He undertakes that in the meanwhile he will not conduct the workshop and would abide by the stop memo issued by the Corporation. 5. Taking into account the facts and circumstances of the case, I dispose of this writ petition with the following directions: The Cochin Corporation shall consider and pass orders on W.P.(c)No.34223/08 & Con.case 3 Ext.P7 application for licence submitted by the son as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the mother also. However, without obtaining a valid licence from the Corporation, the son shall not continue the workshop. The Corporation shall ensure that the son does not continue the workshop until he obtains a licence from the Corporation. If the mother files a complaint before the Corporation that in spite of the above undertaking of the son, he continues the business, the Corporation shall take prompt action to stop the same, if necessary, with police help. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.34223/08 & Con.case 4