TEN Bel Air Springs citizens, headed by big businessman Mr. Vishok Persaud, have approached the High Court for an interim injunction to prevent businesswoman Jutta Hemsing from setting up a play school and day care centre at Bel Air Springs. Justice Brassington Reynolds, who is hearing the ex-parte application for the injunction, has ordered that the applicants/plaintiffs be at liberty to serve on the respondent/defendant a sealed and certified copy of the writ of summons filed herein; a sealed copy of the ex-parte application by way of affidavit for an interim injunction, together with a sealed and certified copy of a summons.
The Chronicle also learnt that a move is afoot also by citizens of the same area to approach the court for an injunction to prevent two overseas diamond dealers living in the area from destroying the roadway with their vehicles, which include heavy equipment and large trucks.
Justice Reynolds granted the order of service after hearing the applicants, Vishok Persaud, Tony Ramcharran, Roy Prashad, Ryan Perriera, Ramchand Mangar, Ravi Mangar, Ragendra Poonai, Winston Rambarran, Cecil Harricharran and Nizam Alli.
The plaintiffs are claiming from the defendant:
(i) damages in excess of one million dollars
(ii) a quia timet injunction restraining the respondent/defendant, whether by herself, her servants and/or agents, from, in any manner howsoever, commencing and/or operating the business of a play school and day care centre at Lot 37 Bel Air Springs, Greater Georgetown.
Attorneys-at-law Messrs Euclin Gomes, Sase Gunraj and Manoj Narayan are representing the plaintiffs.
The appellants/plaintiffs have informed the respondent/defendant that they object to the establishment of the proposed play school and day care centre in the area, on the ground that the area is a residential area and therefore any activity of a commercial nature would be inconsistent and out of sync with the residential nature and character of the neighbourhood; and further, the carrying on of the proposed enterprise is likely to cause a nuisance to the occupants of the area, and will result in loss and damage accruing to them.
Businessman Persaud, who swore by way of affidavit for the interim injunction, said that the respondent/defendant is a tenant occupying the said premises at Lot 37 Bel Air Springs.
It was pointed out that the properties in the said Bel Air Springs area are accessible by a single and continuous road, which is designed to accommodate slow moving and light traffic.
This road within Bel Air Springs is very narrow, and throughout its years of existence, has been largely maintained and upkept through the efforts and resources of the residents of the area, and moreso, the applicants/plaintiffs herein.
The layout of the road network in the area does not provide adequate parking facilities, which may be required to accommodate the heavy flow of traffic likely to be associated with the business enterprise of the respondent/defendant.
Leader Persaud’s affidavit added, “As a result, the other applicants/plaintiffs and I genuinely fear that these vehicles will be forced to park on our bridges and parapets on a daily basis, thereby not only causing damage thereto, but tremendous inconvenience to the residents of the area.
“It is my apprehension, and that of the other applicants/plaintiffs herein, that the commencement of a commercial activity within this area will affect the peaceful and quiet enjoyment to which we have become accustomed, and which have become an inalienable attribute of the neighbourhood.’