Commercial establishments to appeal against verdict

Commercial establishments at Panampilly Nagar residential area, which are on the verge of a closure following the High Court order, will file an appeal before the Division Bench challenging the ord

KOCHI: Commercial establishments at Panampilly Nagar residential area, which are   on the verge of a closure following the High Court order, will file an  appeal before the Division Bench challenging the order.
A Single Bench of the Kerala High Court had ordered close down of all   commercial establishments requiring Dangerous and Offensive (D and O)  license in the Panampilly Nagar area.
It directed the Kochi Corporation and Greater Cochin Development Authority  to take coercive steps, including sealing of the establishments, if they function after March 31. The commercial establishment owners said that the Single Bench’s order is illegal and unsustainable.

The court Single Bench stated that all establishments requiring Dangerous and Offensive (D and O) license except in plot numbers-131, 132, 133 and 134 shall not function in the area covered by Detailed Town Planning Scheme (DTP) after March 31. Shops including godowns, ware-houses, showrooms, hotels and textiles functioning in the area requires the license.
The residents in the area argued that they have no objection in occupants of the residential units conducting business which are not notified as ‘dangerous and offensive’.

Single Judge’s observation

• The congestion on the roads due to unruly parking of vehicles of the establishments coupled with the accompanying air pollution are intolerable.
• There is a loss of privacy and peace of mind to the residents of the housing colony due to the invasion of outsiders on daily basis and there is untold misery due to unrestricted commercialisation.

Advocate Commissioner’s report
Many of the commercial establishments operated without license. Some of the commercial establishments operate by converting the garage spaces or integrating the garage spaces with the commercial units.

Allegations by the residents

• ATMs have been installed in garages and the owners park their cars on the road impeding the traffic
• Sleepless nights when restaurants function till midnight and the sound of the grinders causes noise pollution.
•  Residential units being utilised for conducting business which have been notified as dangerous or offensive.

What Kochi Corporation had earlier said?

• The Corporation had passed a resolution to convert the “Elamkulam West Extension Scheme’ into a mixed user zone and it is pending with the government.