Silu vs Irinjalakuda Municipality
2021 Latest Caselaw 14123 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE SUNIL THOMAS
   WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                     WP(C) NO. 3995 OF 2021
PETITIONERS:

          SILU
          AGED 71 YEARS
          W/O.POULOSE, CHATHELI HOUSE, MARKET ROAD,
          IRINJALAKUDA, THRISSUR DIST.

          BY ADV V.M.KRISHNAKUMAR

RESPONDENTS:

    1     IRINJALAKUDA MUNICIPALITY
          MUNICIPAL OFFICE, IRINJALAKUDA, THRISSUR DISTRICT,
          PIN - 680 121, REP. BY ITS SECRETARY.

    2     SECRETARY, IRINJALAKUDA MUNICIPALITY
          MUNICIPAL OFFICE, IRINJALAKUDA, THRISSUR DISTRICT,
          PIN - 680 121.

          BY ADV SMT.S.AMBILY, SC, IRINJALAKUDA MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3995 OF 2021
                                    2




                            JUDGMENT

Dated this the 07th day of July 2021

The petitioner is a 71 year old women, who

claims to eke out her livelihood by conducting a small

trade in market road, Irinjalakuda. According to her,

she is prevented from conducting the sale, though

she had been conducting the street vending for the

past 20 years. Consequently, she filed Ext.P2

application before the first respondent for

rehabilitation under the scheme of National Urban

Livelihood Mission. The receipt is evidenced by

Ext.P2(a).

2. The grievance of the petitioner is that

inspite of considerable delay, the above application

has not been considered. She prayed that she may

not be disturbed from conducting trade of vegetables

in Ext.P1 premises till decision is passed.

3. The learned Standing Counsel for the

Irinjalakuda Municipality, Adv. S. Ambily submitted WP(C) NO. 3995 OF 2021

that street vendors who did not posses the ID card,

were removed pursuant to the judgment of this Court

in W.P.(C.) No. 27684 of 2016 filed by the Vyapari

Vyavasayi Ekopana Samithi. It is further submitted

that however, a new Government Order has been

issued dated 29.06.2021 by which the Town Vending

Committee had been directed to identify the street

vendors who are eligible to be included in the new list

to be prepared. In this background, if the petitioner

is found to be eligible, her right will also be

considered.

4. Having considered the above submission

and after hearing the learned Counsel for the

petitioner, I am inclined to dispose of the Writ Petition

itself with a direction that the first respondent shall

take up and consider Ext.P2 application, in the light

of the Government Order referred above, as

expeditiously as possible, at any rate, within a period

of two months from the date of receipt of a copy of WP(C) NO. 3995 OF 2021

this judgment. If the petitioner is at present

conducting the sale, she shall not be disturbed in the

meanwhile.

The Writ Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/7-7 WP(C) NO. 3995 OF 2021

APPENDIX OF WP(C) 3995/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOGRAPH SHOWING CONDUCT OF TRADE OF VEGETABLES CONDUCTED BY THE PETITIONER IN MARKET ROAD.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 01/02/21.

EXHIBIT P2(A) TRUE COPY OF THE RECEIPT ISSUED BY THE MUNICIPALITY DATED 01/02/2021.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE