Leninkumar vs State Of Kerala
2021 Latest Caselaw 2913 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      WP(C).No.24078 OF 2019(H)


PETITIONER:

               LENINKUMAR
               AGED 32 YEARS
               S/O. SUBRAMANYAN, MIIDLE DIVISION, LETCHIMI ESTATE,
               KANNAN DEVAN HILLS, MUNNAR, IDUKKI DISTRICT, PIN 685
               612

               BY ADVS.
               SRI.S.RENJITH
               SRI.K.R.PRATHISH

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY CHIEF SECRETARY, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN 695 001

      2        THE LOCAL SELF GOVERNMENT DEPARTMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001 REP BY
               ITS SECRETARY

      3        THE LAW SECRETARY,
               DEPARTMENT OF LAW, SECRETARIAT, THIRUVANANTHAPURAM,
               PIN 695 001

      4        THE MUNNAR GRAMA PANCHAYAT,
               PANCHAYAT OFFICE, MUNNAR, IDUKKI DISTRICT, PIN 685
               612, REP BY ITS SECRETARY

      5        THE CIRCLE INSPECTOR OF POLICE,
               MUNNAR, IDUKKI DISTRICT, PIN 685 612

      6        THE REVENUE DIVISIONAL OFFICER,
               REVENUE DIVISIONAL OFFICE, DEVIKULAM, MUNNAR, IDUKKI
               PIN 685 612

      7        THE REGIONAL TRANSPORT OFFICER,
               REGIONAL TRANSPORT OFFICE, DEVIKULAM, IDUKKI, PIN 685
               613

      8        KANNAN DEVAN HILLS PLANTATION COMPANY LTD,
               K.D.H.P HOUSE, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM
 WP(C).No.24078 OF 2019(H)
                               2

             TALUK, MUNNAR, PIN 685 612 REP BY ITS MANAGING
             DIRECTOR


OTHER PRESENT:

             SR.GP BIMAL K NATH,SC SRI.ARUN THOMAS,SC
             SRI.V.ABRAHAM MARKOS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24078 OF 2019(H)
                                3




                            JUDGMENT

Dated this the 27th day of January 2021

The petitioner herein who claims to be a resident of

Munnar Grama Panchayat and doing street vending

business from 1992 onwards, has approached this Court

with a grievance that the Act is not implemented in the

area and in the meanwhile steps have been taken by the

local authorities to remove the street vendors from the

local area. The petitioner sought for a direction to

respondents 4 to 6 to stop all the activity to evict the

petitioner from his place of business till Ext.P3 judgment

is implemented and Town Vending Committee

constituted. There was a further prayer to implement

Kerala Street Vendors (Protection of Livelihood,

Regulation of Street Vending) Scheme, 2016.

2. When the matter was taken up, the learned

Standing Counsel for the Munnar Grama Panchayat

submitted that the area is a Panchayat area and is not

covered by the provisions of Kerala Street Vendors WP(C).No.24078 OF 2019(H)

(Protection of Livelihood, Regulation of Street Vending)

Scheme, 2016. Steps are being taken to implement the

Scheme. Consequently, no relief can be granted at

present.

Having considered this, I find no merit in the writ

petition, which is accordingly dismissed.

Sd/-

SUNIL THOMAS

JUDGE

SKP/28-1 WP(C).No.24078 OF 2019(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

16614 OF 2018 DATED 31-05-2018.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 28-06-

2018 SUBMITTED BEFORE THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 21-08-2018 IN W.P(C) NO. 25116 OF 2018 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 30-07-2019 IN IN W.P(C) NO. 20769 OF 2019 OF THIS HON'BLE COURT

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE