Thankachan John vs Mulanthuruthy Grama Panchayat
2021 Latest Caselaw 14857 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                        WP(C) NO. 27227 OF 2015
PETITIONER/S:

          THANKACHAN JOHN,
          AGED 56 YEARS,
          S/O.JOHN, THOPPIL HOUSE, MULANTHURUTHY PO, ERNAKULAM
          DISTRICT, PIN-682 314.

          BY ADVS.
          SRI.MATHEW KURIAKOSE
          SRI.K.C.BIJU


RESPONDENT/S:

    1     MULANTHURUTHY GRAMA PANCHAYAT
          MULANTHURUTHY PO, ERNAKULAM DISTRICT, PIN-682 314,
          REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY
          MULANTHURUTHY GRAMA PANCHAYAT, MULANTHURUTHY PO,
          ERNAKULAM DISTRICT, PIN-682 314

    3     ASSISTANT EXECUTIVE ENGINEER
          PUBLIC WORKS DEPARTMENT (ROADS DIVISION), KAKKANADU,
          ERNAKULAM DISTRICT, PIN-682030.

    4     ASSISTANT ENGINEER, PWD (ROAD) SECTION, MULANTHURUTHY,
          ERNAKULAM DISTRICT, PIN-682 314.

    5     STATION HOUSE OFFICER
          MULANTHURUTHY POLICE STATION, MULANTHURUTHY, ERNAKULAM
          DISTRICT, PIN-682314.

          SMT.SOSAMMA, AGED 48, D/O KUNJUMON, POTTATHARA,
          RESIDING IN THE APARTMENT OF OLICKAL REJI, OPPOSITE
          PETROL PUMP, NEAR MULANTHURUTHY RAILWAY GATE,
          MULANTHURUTHY, ERNAKULAM DISTRICT - 682314

          *ADDL.R6 IS IMPLEADED VIDE ORDER DATED 11.09.2015 IN IA
          13119/15.

          BY ADVS.
          SRI.P.MARTIN JOSE
 WP(C) NO. 27227 OF 2015
                                2

          SRI.P.PRIJITH
          SRI.S.SREEKUMAR SR.
          SRI.SANJAY THAMPI
          SRI.THOMAS P.KURUVILLA


          R3 TO 5 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT
          PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27227 OF 2015
                                      3



                                  JUDGMENT

This writ petition is filed by the petitioner, a resident within the limits

of Mulanthuruthy Grama Panchayat, aggrieved by the inaction on the part

of the respondents 1 to 5, to remove the kiosk put up by the 6 th respondent,

namely, one Sosamma, D/o Kunjumon, Pottathara House, Mulanthuruthy,

just opposite to the shop of the petitioner, by the side of Eruvely -

Mulanthuruthy road. It is an admitted fact that the shop put up by the 6 th

respondent is a bunk shop. The issue with respect to the bunk shop and

the rights of the traders is now guided by the provisions of The street

Vendors (Protection of Livelihood and Regulation of Street Vending)Act,

2014 (hereinafter the 'Act, 2014' in short). In the said Act, there is a clear

provision that a bunk shop shall not be removed from the place of its

existence, unless a rehabilitation scheme is prepared by the local body and

a list is drawn up. It is also specified therein that, if the bunk shop owner is

entitled to get protection of the Act, 2014, the shop shall be removed only

after rehabilitating the bunk shop owner. Added to that, learned Senior

Government Pleader Sri.Surin George Ipe submitted that, the Panchayat

has taken note of the bunk shop situated by the side of the road and found

that the installation of the shop is the outcome of a 'Kudumbasree' venture, WP(C) NO. 27227 OF 2015

and on 03.10.2015, the Panchayat Council has taken a decision not to evict

the bunk shop owned by the additional 6th respondent, for the time being.

2. I have heard learned Counsel for the petitioner Sri.Mathew

Kuriakose, Adv.Ajay Sen Jose, appearing for the Grama Panchayat and

learned Senior Government Pleader Sri. Surin George Ipe for the

government officials, and perused the pleadings and the documents on

record.

3. The narration of facts made above would make it clear that, the

Panchayat has taken a decision, at least provisionally, not to remove the

bunk shop belonging to the 6 th respondent. Added to the above fact, the

provisions of the Act, 2014 protects the interest of bunk shop owners, and

there is a clear prohibition contained under the Act, 2014, not to remove

the bunk owners, till such time, the Municipality considers their claim and

a list is drawn up entitling the bunk shop owners as of right for a

rehabilitation. Taking into account the above aspects, I do not think the

relief sought for by the petitioner to remove the bunk shop of the 6 th

respondent, conducted without securing licence, can be granted.

Therefore, the relief sought for in the writ petition is dismissed,

however, the parties will be guided by the decision taken by the Grama WP(C) NO. 27227 OF 2015

Panchayat under the provisions of The Street Vending (Protection of

Livelihood and Regulation of Street Vending)Act, 2014.

Sd/-

SHAJI P.CHALY JUDGE

uu 16.07.2021 WP(C) NO. 27227 OF 2015

APPENDIX OF WP(C) 27227/2015

PETITIONER EXHIBITS

P1 : TRUE COPY OF THE COMPLAINT DATED 7-10- 2014 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

P2 : TRUE COPY OF THE COMPLAINT DATED 16-10- 2014 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

P3 : TRUE COPY OF THE COMPLAINT DATED 11-11- 2014 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM WITH ITS ACKNOWLEDGMENT RECEIPT.

P4 : TRUE COPY OF THE REPLY DATED 4-12-2014 ISSUED BY THE 2ND RSPONDENT UNDER THE RIGHT TO INFORMATION AC, 2005.

P5 : TRUE COPY OF THE REPLY DATED 30-1-2015 ISSUED BY THE 4TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, 2005

P6 : TRUE COPY OF THE REPLY DATED 9-2-2015 ISSUED BY THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, 2005.