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2021 Supreme(Ker) 784

SHAJI P.CHALY
CHAMBER OF COMMERCE VYAPARA BHAVAN – Appellant
Versus
KUNNAMKULAM MUNICIPALITY KUNNAMKULAM – Respondent


Advocates Appeared:
For the Appellant : SRI.DINNY THOMAS, SRI.ALBERT V.JOHN, SRI.JAISHANKAR V.NAIR, SMT.ROSHNI MANUEL
For the Respondent: SRI.I.V.PRAMOD , SRI.SURIN GEORGE

JUDGMENT :

1. This writ petition is filed by the Chamber of Commerce, Kunnamkulam Branch, seeking a writ of mandamus to the Kunnamkulam Municipality— first respondent to provide facilities like proper toilets with water, drinking water, clean environment, adequate parking facilities, cleaning the leakages and proper maintenance, including proper lighting facilities in the buildings owned by the Municipality as mentioned in Ext. P2 representation submitted by the petitioner or in the alternative it seeks a direction to the Municipality to take a decision on Ext. P2 representation within a time limit to be fixed by this Court.

2. The petitioner has produced Ext. P1 series of photographs showing the condition of the toilets and washrooms of various building complexes of the Kunnamkulam Municipality. The substantial contention advanced by the petitioner is that every Municipality is duty bound to provide latrine facilities and also to ensure that private latrines are provided by the owners of the private building. However, the Municipality is duty bound to ensure that public as well as private latrines are maintained in a clean and hygienic manner as is insisted upon in Section 320 of t

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