The main legal point established is the court's authority to regulate the operation of the ice factory to address concerns of environmental pollution and nuisance, while also ensuring the licensee's right to operate within specified hours.

These petitions relate to the functioning of an ice factory within the local limits of Thrikkakkara Municipality.

WPC No.8824/2015

The petitioners allege that they are the residents in Kotteth road in Thrikkakkara Municipality who are very much adversely affected on account of the illegal construction done by the third respondent in violation of Rule 24(2) of the Kerala Municipality Building Rules and also in violation of the set back area and without keeping 3 mtrs. distance from the Municipal road and also on account of the functioning of an ice factory in that construction causing heavy nuisance, especially, sound pollution and causing safety health hazards to the petitioners and also to the other residents in the locality. The petitioners point out that the first and second respondents ought to have taken immediate steps to abate the nuisance and also to remove the illegal constructions. The petitioners allege that the third respondent is manipulating things to the number of the building assigning the old number of the pump house/shed which was in existence at the time of purchase of the property about 10 years back and was later demolished for the construction of the first building by the third respondent about 9 years back. According to the petitioners, the order passed by the second respondent as per Ext.P2 dated 25.2.2015 has become final. Therefore, according to them, there is no reason to delay the implementation of Ext.P2 order. Though the petitioners have approached the second respondent requesting to implement Ext.P2 order, no effective steps were taken either by the second or the first respondent; it is alleged. Under such a situation, directions are to be required against the first and second respondents for the implementation of Ext.P2 and taking suitable actions on the petitions filed before the second respondent and the first respondent. The petitioners also allege that neither they nor any other residents in the area have consented for the illegal construction of the building or running of ice factory in that premises by the third respondent.

WPC No.13867/2015

The petitioner in this writ petition is another resident of the locality who alleges that the 3rd respondent is running an ice factory in the residential area at ward No.24 of Thrikkakkara Municipality in Kotteth Road in the very neighbourhood of the petitioner. He points out that the first respondent Municipality has denied the license for running the ice factory for the year 2015-2016. He alleges that as per Ext.P3 order passed by the 2nd respondent, the third respondent was directed to stop functioning of the ice factory within 7 days from the date of receipt of the notice. The notice was received by the third respondent on 18.4.2015. The factory ought to have been closed at least by 25.4.2015; it is alleged. However, the functioning of the factory is more vigorously continued on account of which nuisance and health hazards are created in the area which adversely affected the petitioner and his family members who are residing in the neighbouring property. Though the first and second respondents were alerted of the continuing functioning of the factory by the third respondent without a license, they are not vigilant in the matter and therefore, it is only just and proper for this Court to interfere in the matter and direct the first and second respondents to implement Ext.P3 order so as to stop functioning of the ice factory of the third respondent; it is alleged. It is with this background the petitioner has come up before this Court.

WPC No.13957/2015

The petitioner is the person who is running the ice factory at present.

According to him, he is the absolute owner in possession and enjoyment of 2.02 Ares of landed property situated in Re.Sy.No.260/10 in Block No.9 of the Thrikkakkara Municipality. The petitioner had been running an ice cubes manufacturing unit and by virtue of Ext.P3, the license granted to the petitioner was renewed periodically