The Kerala High Court on Tuesday directed the Kochi Corporation to seal forthwith the unlicensed business establishments, which have not obtained a stay against its earlier directive, in the residential areas of Panampilly Nagar.
Justice V. Chitambaresh, while dealing with a contempt of court case in this regard, pointed out that as per the mixed zone notification, business establishments could be permitted only if a car parking area was available as per the Kerala Municipality Building Rules.
The court said that it was doubtful whether the establishments had sufficient parking areas in order to continue their business. It was surprising that the applications for D and O licences submitted as per the mixed zone notification were kept pending for long.
“Is it a ploy to collude with the traders in order to defeat the statutory provisions and the judgment of this court,” the judge asked.
The court pointed out that of the 81 establishments, 26 had not obtained any stay against the directive from any court or the tribunal. Those establishments should be sealed forthwith in the absence of any orders or D and O licence lawfully issued by the Corporation.
The court directed the Corporation to swing into action and see that no business was conducted illegally there.
“It is distressing to note that tables and chairs are laid over the drainage and food served by some restaurants. Cars are parked on the streets and car sheds converted into ATM counters. The green belt areas as per the scheme can never be treated as car parking areas to be claimed by the traders. The solid waste disposal as envisaged in the mixed zone notification is a mandatory requisite, especially for the restaurants and eateries,” the judge observed.
The court passed the order on a contempt petition filed by Sobha Ramachandran, a resident of Panampilly Nagar.
According to her, the Corporation had allowed commercial establishments to function within the areas reserved for residential purposes despite the High Court directive. The Corporation secretary committed contempt of court by not complying with the High Court directive, she said.
