Kerala High Court
Renni Joe D’Silva vs The Secretary on 12 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:60524
WP(C) NO. 37103 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
WP(C) NO. 37103 OF 2024
PETITIONER:
RENNI JOE D'SILVA,
AGED 41 YEARS
S/O ANCILY D'SILVA, RESIDING AT C.C.15/1297,
SOCCER COTTAGE, NADUVILAPARAMBIL, NAZARETH,
MATTANCHERRY P.O., KOCHI REPRESENTED BY HIS POWER
OF ATTORNEY HOLDER ANCILY D'SILVA, AGED 72 YEARS,
S/O.LATE PETER D'SILVA, RESIDING AT C.C.15/1297,
SOCCER COTTAGE, NADUVILAPARAMBIL, NAZARETH,
MATTANCHERRY P.O., KOCHI, PIN - 682002
BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SMT.ANNA LINDA EDEN
SHRI.HARIKRISHNAN S.
SHRI.SACHIN JACOB AMBAT
RESPONDENTS:
1 THE SECRETARY,
KOCHI MUNICIPAL CORPORATION, PIN - 682011
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WP(C) NO. 37103 OF 2024
2
2 THE TRAFFIC REGULATORY COMMITTEE FOR THE KOCHI
MUNICIPAL CORPORATION,
REPRESENTED BY ITS CHAIRMAN,KOCHI MUNICIPAL
CORPORATION, PIN - 682001
3 THE STATION HOUSE OFFICER,
MATTANCHERRY POLICE STATION, PIN - 682002
4 THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, THRIKKAKKARA, PIN - 682030
5 MS.TREESA,
AGED 64 YEARS
RESIDING AT HOUSE NO.VIII/1390-B, NAZARETH CANAL
ROAD RESIDENCE ASSOCIATION, KOCHI, PIN - 682002
6 MR.SHIJOS,
SPARK AUTO ELECTRICALS, NAZERATH, NEAR STATURE
JUNCTION, KOCHI, PIN - 682002
7* THE ASSISTANT COMMISSIONER OF POLICE,
TRAFFIC WEST, KOCHI CITY, OLD RAILWAY STATION
ROAD, KOCHI, PIN - 682018
*ADDL.R7 IMPLEADED AS PER ORDER DATED 27-02-2025
IN IA 1/2025 IN WPC 37103/2024.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 37103 OF 2024
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C.S.DIAS, J.
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W.P.(C) No. 37103 of 2024
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Dated this the 12th day of August, 2025
JUDGMENT
The writ petition is filed, inter alia, directing the
respondents 1 and 3 to take steps to remove the
unauthorised street vending stall being operated by the
5th respondent in the road margin of the Kochery road, in
front of the petitioner's property.
2. The petitioner is the owner in possession of a
properties covered under Exts.P1 and P2 documents.
The property is situated within the territorial limits of
the 1st respondent-Corporation. The petitioner proposes
to construct a residential building in the aforesaid
properties. But, at present, the 5 th respondent is
operating an unauthorised street vending stall, on the
road margin, in front of the properties. Likewise, on the
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opposite side of the properties, the 6 th respondent is
running an auto electrical shop. His customers
unauthorisedly park their vehicles in front of the
properties. Similarly, there is also a flag post erected in
front of the properties. Due to the unauthorised street
vending stall, electrical shop and indiscriminately
parked vehicles and the flag post, the petitioner's free
ingress and egress has been obstructed. The 5 th
respondent's vending stall is not in an earmarked
vending zone as per Ext.P4 street vending plan.
Similarly, nobody has the right to park their vehicles on
public road obstructing the petitioner's passage. Even
though the petitioner has submitted Exts.P6 to P9
representations before respondents 1 to 4 respectively,
no action has been taken in the matter. Hence, the writ
petition.
3. In the counter affidavit filed by the 1st
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WP(C) NO. 37103 OF 2024
respondent, it is, inter alia, contended that, the enquiry
has revealed that the 5th respondent is conducting the
vending stall in front of the petitioner's properties.
However, the stall was shifted to the opposite side of the
properties and is now not affecting the petitioner's
ingress and egress. Moreover, the 6th respondent has
informed that, the road in front of the petitioner's
properties is wide enough and that there are no
establishments or residences in the said properties. The
vehicles are immediately removed as and when the
vehicles are attempted to be parked in front of the
petitioner's properties. The Assistant Commissioner of
Police (Traffic) has recommended that parking can be
avoided once the properties are used for residential or
commercial purposes. If the vending stall is functioning
illegally, the same would be removed by the Street
Vendors Surprise Squad.
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WP(C) NO. 37103 OF 2024
4. Heard; the learned counsel for the petitioner,
the learned Standing Counsel for the respondents 1 and
2 and the learned Government Pleader. Even though
notice was sent to the 5th respondent, she has refused to
accept the same. Service of notice is complete on the 6 th
respondent.
5. The learned Standing Counsel appearing for
respondents 1 and 2 submits that the 5th respondent
does not have a vending licence to conduct the vending
stall.
On a consideration of the facts and the materials on
record, particularly the fact that the 5th respondent does
not have a vending licence and in light of the law laid
down by this Court in Jamal K.M. v. State of Kerala
[2025 (1) KHC 692], I allow the writ petition by directing
the respondents 1 and 3 to take immediate steps to
remove the unauthorised vending stall of the 5 th
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respondent, in accordance with law and as expeditiously
as possible, at any rate, within 30 days from the date of
receipt of a copy of the judgment. The petitioner's right
to pursue his remedies against the 6th respondent and to
remove the flag post are left open.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 37103 OF 2024
APPENDIX OF WP(C) 37103/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.
1040/I/2024 OF MATTANCHERRY SRO, DATED
24-04-2024
EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO.
1957/I/2024 OF MATTANCHERRY SRO, DATED
17-08-2024
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
UNAUTHORISED STREET VENDING STALL,
UNAUTHORISED PARKING, AND THE FLAG POST
ILLEGALLY ERECTED INFRONT OF THE
PROPERTY OF THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES
G.O(K)NO.77/2024/LSGD DATED 27-06-2024,
EXHIBIT P5 TRUE COPY OF G.O(K)NO.77/2024/LSGD DATED
27-06-2024
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
07-10-2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT,
EXHIBIT P6(A) TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT ACKNOWLEDGING THE RECEIPT
OF EXHIBIT.P6 DATED 07-10-2024
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
07-10-2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT,
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
07-10-2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT,
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
07-10-2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT,
EXHIBIT P10 TRUE COPY OF THE PHOTOGRAPH
EXHIBIT P11 TRUE COPY OF THE KOCHI CORPORATION
STREET VENDING BYE-LAWS
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 15-
11-2021 IN W.P.(C).NO.1671 OF 2021
BEFORE THIS HON'BLE COURT
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WP(C) NO. 37103 OF 2024
RESPONDENT EXHIBITS
EXHIBIT R1(A) A REPORT OF THE DECISION TAKEN BY THE
RESPONDENT NO: 2 DATED 29/11/2024
