Mathew K.Cherian vs The Kottayam Municipality
2021 Latest Caselaw 10957 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                      WP(C).No.28757 OF 2020(T)


PETITIONER:

               MATHEW K.CHERIAN
               AGED 67 YEARS
               S/O. CHERIAN, KOSAMATTAM HOUSE, MANGANAM P.O.
               KOTTAYAM.

               BY ADVS.
               SRI.LIJI.J.VADAKEDOM
               SMT.REXY ELIZABETH THOMAS
               SRI.RAJEEV JYOTHISH GEORGE

RESPONDENTS:

      1        THE KOTTAYAM MUNICIPALITY
               OFFICE OF THE KOTTAYAM MUNICIPALITY,
               KOTTAYAM 686 001, REPRESENTED BY ITS SECRETARY.

      2        SECRETARY THE KOTTAYAM MUNICIPALITY,
               OFFICE OF THE KOTTAYAM MUNICIPALITY,
               KOTTAYAM 686 001,

      3        THE TRAFFIC REGULATORY AUTHORITY-
               KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS CHAIRMAN,
               OFFICE OF THE KOTTAYAM MUNICIPALITY,
               KOTTAYAM 686 001.

      4        THE EXECUTIVE ENGINEER,
               PWD, ROAD SECTION, KOTTAYAM 686 001.

      5        KISHORE KUMAR K.B.,
               S/O. BALAN, KUNNUNKAL HOUSE, MATTOM, VELOOR,
               KOTTAYAM 686 003.

      6        BASHEER
               S/O. KOCHUMON, MANNUKUNNEL HOUSE, KUMARANALLOOR,
               KOTTAYAM 686 016.

      7        NEZEETTA,
               S/O. ZAINUDEEN, LIYA MANZIL, PERUMPAYIKADU,
               SANKRANTHI, KOTTAYAM 686 016.
 WP(C).No.28757 OF 2020(T)        -2-

      8      LIYAKHATH ALIKHAN,
             LIYA MANZIL, KUMMANAM, KOTTAYAM 686 005.

      9      SHIHAB,
             EJAS MANZIL, THIRUVATHUKKAL, KOTTAYAM 686 001.

      10     SHAJIMON.K.,
             S/O.KAREEM, SHAJI NIVAS, CHENTHARAMUKKU,
             KOTTARAKKARA 691 506.

             R1-3 BY SHRI.SIBY CHENAPPADY, SC, KOTTAYAM
             MUNICIPALITY
             R5-10 BY ADV. SRI.DINESH MATHEW J.MURICKEN
             BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                  W. P. (C) No.28757 of 2020
             ==================
              Dated this the 7th day of April, 2021

                           JUDGMENT

The writ petition is filed aggrieved by the

alleged unauthorized vending conducted on the road

margin, by respondents 5 to 10. The petitioner has

submitted Ext.P5 representation before the 4th

respondent.

2. Without expressing anything on merits, the

writ petition is disposed of directing the 3 rd

respondent to consider and pass appropriate orders

on Ext.P5, with due notice and opportunity of

hearing to the petitioner as well as respondents 5

to 10 and other affected parties, if any,

expeditiously.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.28757 OF 2020(T)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE TAX RECEIPT DATED 18.4.2019 SHOWING REMITTANCE OF TAX OF THE PROPERTY OF 10.60 ARES IN SURVEY NO. 12/4 OF KOTTAYAM VILLAGE.

EXHIBIT P1 A THE COPY OF THE TAX RECEIPT DATED 18.4.2019 SHOWING REMITTANCE OF TAX OF THE PROPERTY OF 8.46 ARES IN SURVEY NO. 12/3 OF KOTTAYAM VILLAGE.

EXHIBIT P1 B THE COPY OF THE TAX RECEIPT DATED 18.4.2019 SHOWING REMITTANCE OF TAX OF THE PROPERTY OF 6.10 ARES IN SURVEY NO. 13 OF KOTTAYAM VILLAGE.

EXHIBIT P2 THE RELEVANT EXTRACT OF THE COPY OF THE ORDER NO. PW3/PW7/BA/66/14-15 DATED 23.5.2019 ISSUED TO THE PETITIONER PERMITTING 36 MONTHS EXTENSION FROM 22.1.2019 TO 21.01.2011 FOR COMPLETING THE BUILDING CONSTRUCTION.

EXHIBIT P3 THE COPY OF THE LEASE DEED DATED 27.10.2020 ENTERED IN BETWEEN AND KOSAMATTM FINANCE LIMITED, AND THE PETITIONER.

EXHIBIT P4 THE COPY OF THE REPRESENTATION DATED 5.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT SECRETARY.

EXHIBIT P5 THE COPY OF THE REPRESENTATION DATED 19.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P6 THE COPY OF FORM III OF THE KERALA STREET VENDORS (PROTECTION OF LIVELIHOOD, REGULATION OF STREET VENDING) SCHEME, 2016.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R5(a) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE 5TH RESPONDENT.

EXHIBIT R5(b) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE 7TH RESPONDENT.

EXHIBIT R5(c) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE 10TH RESPONDENT.

EXHIBIT R5(d) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 24.08.2020.

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