• Neighbour plot rented to driving school creating nuisance - No permission from corporation - Kerala

My neighbour rented plot in to prominent driving school in Trivandrum which is causing nuisance to us since this plot is in front us. This plot does not have a wall which is causing some tine vehicle causing losing control and coming to hit our gate and some time us. Lot of people coming for training daily no buildings in this plot. They do not have permission from corporation and plot not converted to commercial property. My main question is that whether Trivandrum (Kerala) corporation is required or not. Some different opinion that for just land no such permission required. Owner says that I will do what ever I want in the plot and no corporation permission required. A civil case is pending in court.
I gave a police complaint and they came and some prilemanary investigation says allegation are true but no fir is registered. Please advise us how to proceed. what fir shud be registered? how to get it closed?.
Asked 4 months ago in Property Law
Religion: Hindu

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8 Answers

Dear Client,

In Kerala, the land use regulations are governed by the Kerala Town and Country Planning Act, 2016, and the Kerala Municipality Act, 1994. These laws require certain permissions for converting residential plots to commercial use. If the driving school is operating on a residential plot without conversion to commercial use, it might be in violation of these regulations. Under the Kerala Municipality Act, the Corporation or Municipality is responsible for regulating land use and ensuring compliance with zoning laws. If the plot has not been converted for commercial purposes, operating a driving school there without permission could be illegal. You can pursue a civil suit for nuisance and seek relief for damages and an injunction to prevent further disturbances. Request the court to issue a mandatory injunction to prevent the driving school from operating until proper permissions are obtained and the nuisance is addressed. Petition the Municipal Corporation to take immediate safety measures such as installing a boundary wall or barriers to prevent accidents and protect your property. Engage with local authorities to ensure compliance with safety and land use regulations. For Criminal recourse, you can request the police to register an FIR Considering that the preliminary investigation confirms that the allegations are true. you can file a complaint with the Superintendent of Police or approach the Magistrate to direct the police to register the FIR.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

In India, it's illegal to use residential property for commercial purposes without permission from the local authority. The zoning law divides properties into zones, and some activities are prohibited in residential areas. For example, selling liquor, machines, timber, and automobile products are not permitted in some residential areas

The driving school is also a commercial activity and being run  by the owner without proper licence or permission from the local civic authority.

You can give a complaint to the corporation authorities about it an also can mention that such illegal activities are causing great nuisance and hardship to all the neighbors of the locality,  residential land cannot be used for commercial purposes without obtaining the necessary permissions and approvals from the local authorities.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

you can file a complaint before corporation. If the police and corporation not taking any action you need to writ petition before the high court.

Neeraj T Narendran
Advocate, Ernakulam
15 Answers

If civil case is pending in court seek injunction restraining running of driving school during hearing and pendency of suit 

 

2) file RTI application with police station as to what action has been taken on your complaint 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

Unless any crime is committed not FIR can be registered.

Check your local authority rules and regulations.

If permission is required from Corporation then do lodge complaint with the Municipality. Another option is to lodge complaint with Motor Vehicle Department to intervene or revoke his license. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

File writ petition in HC against driving school being run in residential area without permission 

 

2) rely upon police report that allegations are true 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

If the area comes under the Municipal authorities then you may have to wait for their response, if it is coming under village then you may have to approach the district collector for remedy 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

- Legally, no commercial activities can be operated from a residential area 

- Further, a license is needed for running a driving learning school after the commercialization certificate 

- Since, you have already lodged a complaint before the police , then you should submit the same with an application /compliant to the Municipal corporation. 

- Further, no action taken place by the police against the nuisance then you can file a compliant before the Judicial magistrate. 

- If no action has been taken place then you can file a petition before the Court against the said owner of the driving school for closing his business. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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