Haneef vs State Ofkerala
2021 Latest Caselaw 13586 Ker

Citation : 2021 Latest Caselaw 13586 Ker
Judgement Date : 1 July, 2021

Kerala High Court

Haneef vs State Ofkerala on 1 July, 2021

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
            THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                              WP(C) NO. 2623 OF 2012
PETITIONER/S:

                  HANEEF
                  AGED 46 YEARS,S/O.MUHAMMED,
                  PULLEPARAMBIL HOUSE,KUNNUMPURAM,KOCHI.

                  BY ADVS.
                  SRI.A.X.VARGHESE
                  SRI.A.V.JOJO



RESPONDENTS:

       1          STATE OFKERALA
                  REPRESENTED BY SECRETARY,
                  LOCAL ADMINISTRATION,SECRETARIAT,
                  THIRUVANANTHAPURAM-695001.

       2          THE SECRETARYCORPORATION OF KOCHI
                  KOCHI,PIN-682016.

       3          THE ASSISTANT EXECUTIVE ENGINEER
                  KERALA STATE ELECTRICITY BOARD,KOCHI CORPORATION,
                  FORT KOCHI,PIN-682001.


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2
WP(C) NO. 2623 OF 2012



                                 JUDGMENT

This writ petition is filed by the petitioner

seeking the following reliefs:-

" i) Call for the records pertaining to Exhibit P4 and quash the same by issuing a writ of certiorari;

(ii) Issue a writ of mandamus or any appropriate writ, order or direction, directing the respondents not to interfere with the business of bunk shop of the petitioner without properly rehabilitating him to any other appropriate place;

(iii) Issue such other reliefs that this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. The basic contention advanced by the writ

petitioner is that, he was conducting a petty shop

with the permission of the 2nd respondent, Kochin

Corporation. However the Corporation has later taken

action to remove the bunk shop of the petitioner.

According to the petitioner, he is entitled to

continue in the premises by virtue of the provisions

of the Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Act, 2014 (hereinafter

referred to as the 'Act, 2014').

3. I have perused the pleadings and materials

on records and heard the learned Standing Counsel

WP(C) NO. 2623 OF 2012

for the Corporation Sri. Harisankar and the learned

Senior Government Pleader Sri.Surin George Ipe.

4. Under similar circumstances this Court has

passed orders protecting the interest of the street

vendors by virtue of the provisions of the Act,2014

in Fort Kochi area itself. It is clear from the

provisions of the aforesaid Act that, any person who

is carrying on any petty shop business in any

street, is entitled to get protected as per the

provisions of the Act and unless until they

identify, a list is drawn and alternative

arrangement is made, they cannot be shifted from the

present premises by virtue of the statutory

implications contained under the aforesaid Act.

In that view of the matter, the writ petition

is to be allowed and accordingly it is allowed and

thereby quashed Ext.P4 proceedings and direct the

Corporation Authorities to take appropriate action

so as to protect the interest of the petitioner in

terms of the provisions of the Act, 2014.

Sd/-

SHAJI P.CHALY JUDGE hmh

WP(C) NO. 2623 OF 2012

APPENDIX OF WP(C) 2623/2012

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE ASST.EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD DATED 04.12.1987.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 28.11.2003.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 06.12.2011.

Exhibit P5 PHOTOGRAPHS SHOWING THE BUNK SHOP OF THE PETITIONER.

respondent's Nil ANNEXURE