Kerala High Court
Thankaraj C.R vs State Of Kerala on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 17TH DAY OF JUNE 2022/27TH JYAISHTA, 1944
W.P(C).NO.29920 OF 2019
PETITIONERS:
1 THANKARAJ C.R.,
AGED 48 YEARS
S/O. BABU, CHIRAYIL HOUSE, PAI ROAD,
PALLURUTHY P. O., PERUMBADAPPU, ERNAKULAM DISTRICT
2 ANI @ ANI
AGED 44 YEARS
S/O.BABU, CHIRAYIL HOUSE, PAI ROAD,
PALLURUTHY P. O., PERUMBADAPPU, ERNAKULAM DISTRICT
3 RAJESH
AGED 40 YEARS
S/O.BABU, CHIRAYIL HOUSE, PAI ROAD,
PALLURUTHY P. O., PERUMBADAPPU, ERNAKULAM DISTRICT
BY ADV.SMT.T.B.MINI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 001.
2 SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 001.
3 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682 030.
W.P.(C).NO.29920/2019 :: 2 ::
4 THE CORPORATION OF COCHIN
REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD,
ERNAKULAM DISTRICT, PIN - 682 011.
5 HEALTH INSPECTOR
COCHIN CORPORATION, CIRCLE NO.30, KADAVANTHRA,
ERNAKULAM DISTRICT, PIN - 682 020.
6 MAYOR
COCHIN CORPORATION COUNCIL, OFFICE OF COCHIN
CORPORATION, PARK AVENUE ROAD, ERNAKULAM DISTRICT,
PIN - 682 011.
ADDL.R7. THE SECRETARY,
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), KOCHI.
ADDL. R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED
26.11.19 IN WP(C)29920/19.
BY SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
BY SMT.DEEPA, GOVT. PLEADER
BY SRI.M.K.THANKAPPAN, SC, GCDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).NO.29920/2019 :: 3 ::
JUDGMENT
The 2nd petitioner in this writ petition is stated to be a person
who had a D&O licence issued by the Cochin Corporation for vending
peanut and ice cream in the Subhash Bose Park. The learned counsel
for the petitioners submits that the D&O licence originally granted to
the 2nd petitioner has since been cancelled on account of the provisions
of the Kerala Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Act, 2014 [hereinafter referred to as the "Act"]
having been implemented in the State and future street vending
activities being regulated in terms of the said Act.
2. Taking note of the said submission, and the fact that it is not
dispute that the 2 nd petitioner was in fact selling ice cream and
peanuts within the Subhash Bose Park area, and that it is only on
account of a lack of a certificate of vending under the Act that he is
currently disabled from continuing the vending operations within the
Subhash Bose Park premises, I direct the Cochin Corporation to issue
W.P.(C).NO.29920/2019 :: 4 ::
a certificate of vending to the said 2 nd petitioner, within one month
from today, taking note of the fact that he was originally issued with a
D&O licence for the same activities. As regards petitioners 1 and 3, it
appears that they are persons from the same family, and Section 5 of
the Act mandates that a street vendor shall carry on business of street
vending either by himself or through any of his family member. I am
of the view that all members of a family cannot obtain separate
certificates of vending and carry on street vending activities as that
would go against the object and mandate of the Act. It is under these
circumstances that this direction is given to issue a certificate of
vending only to the 2nd petitioner. The writ petition is disposed with
the aforesaid directions.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/17/6/22
W.P.(C).NO.29920/2019 :: 5 ::
APPENDIX OF W.P(C).NO.29920/2019
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT SHOWING THE FEES
FOR ISSUANCE OF D AND O LICENCE TO THE
PETITIONERS FOR THE YEAR 1986.
EXHIBIT P2 TRUE COPY OF THE RECEIPT SHOWING THE
REMITTANCE OF FEES FOR ISSUANCE OF D AND O
LICENCE TO THE PETITIONERS DATED 19.2.2016.
EXHIBIT P3 THE TRUE COPY OF THE INTERIM ORDER IN WP(C)
790/2017 OF THE HON'BLE HIGH COURT OF
KERALA.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 22.2.2017
AND THE RECEIPT ISSUED IN ACKNOWLEDGMENT OF
THE APPLICATION SUBMITTED BY THE 1ST
PETITIONER.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 22.2.2017
AND THE RECEIPT ISSUED IN ACKNOWLEDGMENT OF
THE APPLICATION DATED 25.2.2017 BY 2ND
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 22.2.2017
AND THE RECEIPT ISSUED IN ACKNOWLEDGMENT OF
THE APPLICATION DATED 25.2.2017 BY 3RD
PETITIONER.
EXHIBIT P7 THE TRUE COPY OF LETTER DATED 21.3.2017
HAVING NO.ISO/MOH-14/6268, 6267, 6266/2017.
EXHIBIT P8 THE TRUE COPY OF JUDGMENT IN W.P.(C)
W.P.(C).NO.29920/2019 :: 6 ::
NO.34209/2018 DATED 18.12.2018.
EXHIBIT P9 THE TRUE COPY OF JUDGMENT IN CONTEMPT
PETITION NO.1430/2019 DATED 5.9.2019.
EXHIBIT P10 THE TRUE COPY OF LETTER DATED 3.9.2019
REJECTING THE APPLICATION OF THE
PETITIONERS.
EXHIBIT P11 TRUE COPY OF THE DECISION OF THE GOVERNING
BODY DATED 20.10.2016.
EXHIBIT P12 THE TRUE COPY OF THE DECISIONS OF HEALTH
STANDING COMMITTEE DATED 25.3.2019.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
