Kerala High Court
Abdul Khadar vs State Of Kerala on 7 July, 2025
WP(C) NO. 9206 OF 2025
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2025:KER:49550
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 9206 OF 2025
PETITIONERS:
1 ABDUL KHADAR,
AGED 70 YEARS
S/O. YOUSEF, KARAPPAMVEETTIL HOUSE,
KUTTIKKAD, VELLANIKKARA,
THRISSUR DISTRICT, PIN - 680654
2 SUDHAKARAN,
AGED 42 YEARS
S/O. PONNU, KIZHAKKEPARAKKAL HOUSE,
MUDAPPALLUR, VANDAZHI-II,
PALAKKAD DISTRICT, PIN - 678705
3 BASHEER,
AGED 47 YEARS
S/O. MONU, THERUVATH VEETTIL HOUSE,
PANACHAKAM, MANNUTHY P.O.,
THRISSUR DISTRICT, PIN - 680651
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.N.S.SHAMILA
SMT.CHINJU P. JOYIES
SMT.SANJANA S ANAND
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
WP(C) NO. 9206 OF 2025
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2025:KER:49550
2 THRISSUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 680001
3 MAYOR (CHAIRPERSON),
THRISSUR MUNICIPAL CORPORATION,
CORPORATION OFFICE, THRISSUR, PIN - 680001
4 SECRETARY,
THRISSUR MUNICIPAL CORPORATION,
CORPORATION OFFICE, THRISSUR, PIN - 680001
5 HEALTH INSPECTOR,
OLLUKKARA ZONAL OFFICE,
THRISSUR MUNICIPAL CORPORATION,
OLLUKKARA, THRISSUR, PIN - 680655
6 TOWN VENDING COMMITTEE,
REPRESENTED BY CORPORATION SECRETARY,
THRISSUR MUNICIPAL CORPORATION,
CORPORATION OFFICE, THRISSUR, PIN - 680001
7 STATION HOUSE OFFICER,
MANNUTHY POLICE STATION,
MANNUTHY, THRISSUR, PIN - 680651
BY ADV SHRI.SANTHOSH P.PODUVAL - SC
OTHER PRESENT:
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9206 OF 2025
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MOHAMMED NIAS C.P, J.
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W.P.(C) No. 9206 of 2025
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Dated this the 7th day of July, 2025
JUDGMENT
This writ petition is filed with the following prayers;
" i) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the respondents to not to evict or take coercive action against the street vending of the petitioner;
ii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the respondents to not to evict the petitioners, and if necessary, till they shall relocated as per Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
iii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the respondents to not to evict the street vending of the petitioner till the disposal of Case No.22/2025 pending before the Street Vendors Grievance Redressal Committee, Kerala.
iv) To dispense with the production of English translation of vernacular documents.
v) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case."
2. The learned Standing Counsel for the Thrissur Corporation submits that the grievance of the petitioners can be considered by the Town Vending Committee, of which the 3rd respondent, Mayor, is the chairperson. The Town Vending Committee is the 6th respondent in the party array.
3. Accordingly, there will be a direction to the petitioners to WP(C) NO. 9206 OF 2025 4 2025:KER:49550 submit a representation detailing their grievances before the 6 th respondent
- Town Vending Committee, which will take a decision, in accordance with law, after hearing the petitioners within six weeks from the date of receipt of a representation of the petitioners. The petitioners shall submit a representation within ten days from today.
4. The Town Vending Committee shall decide as directed above and place the same before the Grievance Redressal Committee, which is considering the issue as seen from Ext.P3(a) bearing as case No. 22/2025. The Grievance Redressal Committee will take a decision referring to the relevant aspects, including the report to be submitted by the Town Vending Committee. Till orders are passed as directed above, the status quo as of today shall be maintained.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P JUDGE LU WP(C) NO. 9206 OF 2025 5 2025:KER:49550 APPENDIX OF WP(C) 9206/2025 PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE RELEVANT PAGES OF LIST OF STREET VENDORS PREPARED BY THE LOCAL AUTHORITY (THRISSUR CORPORATION) AS PER STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 (IN SHORT THE ACT) READ WITH RULE 5(5) OF KERALA STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION O STREET VENDING) RULES, 2018 (IN SHORT THE RULES).
EXHIBIT P2 A COPY OF THE JUDGMENT DATED 12.03.2024 IN WPC NO.8349/2024.
EXHIBIT P3 A COPY OF THE PROCEEDINGS AND ORDER OF JUDGE
M.A.NISSAR, CHAIRMAN, STREET VENDORS
GRIEVANCE REDRESSAL COMMITTEE, KERALA IN CASE NO.22/2025.
EXHIBIT P3(A) A TYPED COPY OF EXHIBTI.P3.
// True Copy // PA To Judge