Kannur District Street ... vs State Of Kerala
2023 Latest Caselaw 3388 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                   WP(C) NO. 24748 OF 2016
PETITIONERS:

    1     KANNUR DISTRICT STREET MERCHANT'S ASSOCIATION
          REPRESENTED BY ITS SECRETARY APPACHAN K.J., KANNAN
          SMARAKA MANDIRAM, KANNUR - 670 001.
    2     APPACHAN.K.J.
          S/O.JOSEPH, KALLUKALAYIL,
          ARALAM.P.O., KANNUR - 670 704.
    3     RASMIR.K.
          S/O.ABDU RAHMAN.C.,
          KANDATHIL HOUSE, KOLARI.P.O., KANNUR - 670 702.
    4     ANAND.A.
          S/O.KUHAMBU.K.V., ANAND BHAVAN,
          CHEDICHERY, PERUVALATHUPARAMBA.P.O.,
          IRIKKUR, KANNUR - 670 593.
    5     PANACHIKADAVATH BASHEER
          S/O.MAMMOOTTY, P.K.HOUSE, KARUVALLI,
          P.O.THILLENGERI, KANNUR - 670 702.
    6     SANTHOSH.K.
          S/O.KANNAN NAMBIAR,
          KUTTIYADAN HOUSE, IRITTY.P.O., KANNUR - 670 703.
    7     P.MUHAMMED KOYA
          S/O.AHAMMED, SHIHAB MANZIL, PERAKKANDAM,
          P.O.VILAKKODE, KANNUR - 670 703.
    8     SURESH BABU
          S/O.ANANDAN, KAKKADANKANDY HOUSE, MANANTHERY,
          P.O.KOOTHUPARAMBA, KANNUR - 670 643.
    9     FAIZAL.T.
          S/O.K.M.FAROOKH, SAJNA MANZIL, MADATHIL,
          P.O.IRITTY, KANNUR - 670 703.
   10     K.KUTTYALI
          S/O.POKKER, KADAN HOUSE,
          AARALAM.P.O., KANNUR - 670 704.
   11     MAJEED.P.
          S/O.KUMHAMMAYAN, BISMILLAH HOUSE,
          SIVAPURAM.P.O., KANNUR - 670 702.
   12     K.PRABHAKARAN
          S/O.GOPALAN, CHERAN HOUSE,
          P.O.PAYAM, KANNUR - 670 704.
          BY ADVS.
 WP(C).No.24748/2016

                                2



           SRI.KALEESWARAM RAJ
           KUM.A.ARUNA

RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.
    2      IRITTY MUNICIPALITY
           REPRESENTED BY THE SECRETARY, IRITTY
           MUNICIPALITY, KANNUR DISTRICT - 670 703.
    3      SECRETARY
           IRITTY MUNICIPALITY, KANNUR DISTRICT - 670 703.
    4      PAYAM GRAMA PANCHAYAT
           REPRESENTED BY ITS SECRETARY,
           MADATHIL, IRITTY - 670 703.
    5      THE ASSISTANT ENGINEER
           P.W.D. IRITTY, KANNUR - 670 703.
    6      SUB INSPECTOR OF POLICE
           IRITTY POLICE STATION,
           IRITTY, KANNUR - 670 703.
    7      THE ASSISTANT COMMISSIONER
           FOOD SAFETY, IRITTY, KANNUR - 670 703.
    8      THE KERALA HOTEL RESTAURANT ASSOCIATION
           IRITTY UNIT, REP. BY ITS SECRETARY,
           RAMAKRISHNAN EZHUTHAN, SHANTHI NAGAR HOTEL,
           IRITTY - 670 703.
           BY ADVS.
           SRI.CIBI THOMAS
           SRI.C.K.SREEJITH

OTHER PRESENT:

           SRI.K.M.FAISAL, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.24748/2016

                                       3




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.24748 of 2016
              ----------------------------------------------
            Dated this the 24th day of March, 2023


                               JUDGMENT

This writ petition is filed with following prayers:

i. To declare that the petitioners are not liable to be evicted from their present places of street vending as stated in paragraph 1 of the Writ Petition.

ii. To issue a writ of mandamus directing the respondents to ensure that no street vendors/hawkers/squatters including the petitioners are evicted in Kerala State in violation of the Central Act No. 7 of 2014.

iii. To issue a writ of mandamus directing the respondents to refrain from evicting the petitioners from their present places of street vending as indicated in paragraph 1 of the writ petition.

iv. To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.

(SIC) WP(C).No.24748/2016

2. The main prayer in this writ petition is for a

declaration that the petitioners are not liable to be evicted

from their present places of street vending as stated in

paragraph 1 of the writ petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. I also heard the learned

counsel for the 4th respondent.

4. When this writ petition came up for consideration

on 26.07.2016, this Court passed the following order:

"Admit.

Issue notice to the respondents. Status quo as on today shall be maintained as regards the vending activities of petitioners 2 to 12."

5. That order is in force even now. In the light of the

above order, no further directions are necessary. If there is

any violation of the provisions of Street Vendors (Protection of

Livelihood and Regulation of Street Vending) Act, 2014, the

authority concerned are free to take appropriate steps in

accordance with law, with notice to the petitioner. This writ

petition can be closed recording the order dated 26.07.2016.

Therefore, this writ petition is disposed of making the

order dated 26.07.2016 as absolute. It is made clear that if WP(C).No.24748/2016

there is any violation of the provisions of Street Vendors

(Protection of Livelihood and Regulation of Street Vending)

Act, 2014, the statutory authorities are free to proceed in

accordance with law, with notice to the petitioners.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.24748/2016

APPENDIX OF WP(C) 24748/2016

PETITIONER EXHIBITS EXT. P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY REGISTRAR OF TRADE UNIONS. EXT. P2 TRUE COPY OF THE JUDGMENT DATED 29.04.2016 IN W.P.C. NO.16168/2016. EXT. P3 TRUE COPY OF THE G.O.(P)NO. 2818/2015 LSGD DATED 15.9.2015.

EXT. P4 TRUE COPY OF THE CENTRAL ACT NO. 7 OF

EXT. P5 TRUE COPY OF THE INTERIM ORDER DATED 23.5.2016. IN W.P.C. NO.17942/2016.