Kerala High Court
Abdul Khadar vs State Of Kerala on 7 July, 2025
WP(C) NO. 9206 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 9206 OF 2025
PETITIONERS:
1 ABDUL KHADAR,
AGED 70 YEARS
S/O. YOUSEF, KARAPPAMVEETTIL HOUSE,
KUTTIKKAD, VELLANIKKARA,
THRISSUR DISTRICT, PIN - 680654
2 SUDHAKARAN,
AGED 42 YEARS
S/O. PONNU, KIZHAKKEPARAKKAL HOUSE,
MUDAPPALLUR, VANDAZHI-II,
PALAKKAD DISTRICT, PIN - 678705
3 BASHEER,
AGED 47 YEARS
S/O. MONU, THERUVATH VEETTIL HOUSE,
PANACHAKAM, MANNUTHY P.O.,
THRISSUR DISTRICT, PIN - 680651
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.N.S.SHAMILA
SMT.CHINJU P. JOYIES
SMT.SANJANA S ANAND
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
WP(C) NO. 9206 OF 2025
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2 THRISSUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 680001
3 MAYOR (CHAIRPERSON),
THRISSUR MUNICIPAL CORPORATION,
CORPORATION OFFICE, THRISSUR, PIN - 680001
4 SECRETARY,
THRISSUR MUNICIPAL CORPORATION,
CORPORATION OFFICE, THRISSUR, PIN - 680001
5 HEALTH INSPECTOR,
OLLUKKARA ZONAL OFFICE,
THRISSUR MUNICIPAL CORPORATION,
OLLUKKARA, THRISSUR, PIN - 680655
6 TOWN VENDING COMMITTEE,
REPRESENTED BY CORPORATION SECRETARY,
THRISSUR MUNICIPAL CORPORATION,
CORPORATION OFFICE, THRISSUR, PIN - 680001
7 STATION HOUSE OFFICER,
MANNUTHY POLICE STATION,
MANNUTHY, THRISSUR, PIN - 680651
BY ADV SHRI.SANTHOSH P.PODUVAL - SC
OTHER PRESENT:
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9206 OF 2025
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MOHAMMED NIAS C.P, J.
========================
W.P.(C) No. 9206 of 2025
========================
Dated this the 7th day of July, 2025
JUDGMENT
This writ petition is filed with the following prayers;
" i) To issue a Writ of mandamus or any other appropriate writ
or order or direction directing the respondents to not to evict or take
coercive action against the street vending of the petitioner;
ii) To issue a Writ of mandamus or any other appropriate writ
or order or direction directing the respondents to not to evict the
petitioners, and if necessary, till they shall relocated as per Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Act, 2014.
iii) To issue a Writ of mandamus or any other appropriate writ
or order or direction directing the respondents to not to evict the street
vending of the petitioner till the disposal of Case No.22/2025 pending
before the Street Vendors Grievance Redressal Committee, Kerala.
iv) To dispense with the production of English translation of
vernacular documents.
v) To grant such other and further reliefs as are just, proper
and necessary in the facts and circumstances of the case."
2. The learned Standing Counsel for the Thrissur Corporation
submits that the grievance of the petitioners can be considered by the Town
Vending Committee, of which the 3rd respondent, Mayor, is the chairperson.
The Town Vending Committee is the 6th respondent in the party array.
3. Accordingly, there will be a direction to the petitioners to
WP(C) NO. 9206 OF 2025
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submit a representation detailing their grievances before the 6 th respondent
- Town Vending Committee, which will take a decision, in accordance with
law, after hearing the petitioners within six weeks from the date of receipt
of a representation of the petitioners. The petitioners shall submit a
representation within ten days from today.
4. The Town Vending Committee shall decide as directed above
and place the same before the Grievance Redressal Committee, which is
considering the issue as seen from Ext.P3(a) bearing as case No. 22/2025.
The Grievance Redressal Committee will take a decision referring to the
relevant aspects, including the report to be submitted by the Town Vending
Committee. Till orders are passed as directed above, the status quo as of
today shall be maintained.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) NO. 9206 OF 2025
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APPENDIX OF WP(C) 9206/2025
PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE RELEVANT PAGES OF LIST OF
STREET VENDORS PREPARED BY THE LOCAL
AUTHORITY (THRISSUR CORPORATION) AS PER
STREET VENDORS (PROTECTION OF LIVELIHOOD AND
REGULATION OF STREET VENDING) ACT, 2014 (IN
SHORT THE ACT) READ WITH RULE 5(5) OF KERALA
STREET VENDORS (PROTECTION OF LIVELIHOOD AND
REGULATION O STREET VENDING) RULES, 2018 (IN
SHORT THE RULES).
EXHIBIT P2 A COPY OF THE JUDGMENT DATED 12.03.2024 IN
WPC NO.8349/2024.
EXHIBIT P3 A COPY OF THE PROCEEDINGS AND ORDER OF JUDGE
M.A.NISSAR, CHAIRMAN, STREET VENDORS
GRIEVANCE REDRESSAL COMMITTEE, KERALA IN CASE
NO.22/2025.
EXHIBIT P3(A) A TYPED COPY OF EXHIBTI.P3.
// True Copy // PA To Judge
