Kerala High Court
Abdul Vahid vs State Of Kerala on 23 October, 2025
WP(C) NO. 13594 OF 2025 1
2025:KER:79097
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 13594 OF 2025
PETITIONERS:
1 ABDUL VAHID,
AGED 31 YEARS
S/O.KUNHI MARAKAR N.V, NOTTATHU VALAPPIL, PANTHAVOOR,
ALAMCODE P.O., MALAPPURAM, PIN - 679585
2 ABDUL MAJEED K.C.,
AGED 43 YEARS
S/O.MUHAMMED KUTTY,KALACHALIL (H), KALACHAL,ALANCODE P.O.
MALAPPURAM, PIN - 679585
3 HUSSAIN M.V.,
AGED 63 YEARS
S/O.MUHAMMED,MANNARA VALAPPIL, CHIYYANOOR,ALAMCODE,
KOKKUR,PONNANI, MALAPPURAM, PIN - 679591
4 VELAYUDHAN N.P.,
AGED 60 YEARS
NADUVIL PURAKKAL, CHIYYANOOR,ALAMCODE, KOKKUR,PONNANI,
MALAPPURAM, PIN - 679591
5 SETHUMADHAVAN V.G.,
AGED 62 YEARS
S/O. GOPALAN NAIR, KEDARAM,KAVUKKODE, CHALISSERRY
P.O.,CHALISSERRY, PALAKKAD, PIN - 679536
6 SAITHALAVI K.P.,
AGED 54 YEARS
C/O.PAREED,KAIPPAMVEETTIL HOUSE,PALLIKKUNNU,
ALAMKODE,KOKKUR P.O. MALAPPURAM, PIN - 679591
7 MOHAMMED,
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AGED 59 YEARS
S/O.ABDU,KUNDIPADATH, NANNAMMUKKU,NANNAMUKKKU,MALAPPURAM,
PIN - 679575
8 KUNHIMARAKKAR K.V.,
AGED 62 YEARS
S/O.ABDUL,KUMBILA VALAPPIL KIZHIKKARA,ALAMKODE, OTHALUR
WEST, MALAPPURAM, PIN - 679591
9 ABOOBACKER K.V.,
AGED 62 YEARS
S/O.ABDU,KUMBILA VALAPPIL KIZHIKKARA,ALAMKODE, OTHALUR
WEST, MALAPPURAM, PIN - 679591
10 KODIYIL MOIDEEN ABDUL RAHIMAN,
AGED 55 YEARS
S/O.KODIYIL MOIDEEN,KODIYIL HOUSE, CHALISSERRY
P.O.,PALAKKAD, PIN - 679536
11 HUSSAIN V.P.,
AGED 42 YEARS
S/O.MUHAMMED,VEDIPURAKKAL, KANNANTHALI,THEYYALINGAL,
NANNAMBRA P.O.,TAYYALINGAL, MALAPPURAM, PIN - 676320
12 MOIDUNNI,
AGED 63 YEARS
S/O.KOYA,VELUTHEDATH PARAMBIL,KALACHAAL, KODAKKATTU
KUNNU,ALAMCODE, MALAPPURAM, PIN - 679585
13 SAKEER KOMATHEL ABDUL,
AGED 46 YEARS
S/O.ABDUL KAMATHEL,KAMATHEL HOUSE, MOOKUTHALA,
NANNAMUKKU,MALAPPURAM, PIN - 679575
14 FASALU RAHMAN P. K.,
AGED 39 YEARS
S/O.MUHAMMED HANEEFA P.K,PALLAKALATHIL HOUSE, ALAMCODE
P.O.,PONNANI, MALAPPURAM, PIN - 679585
15 ABDUL LATHEEF K.V.,
AGED 48 YEARS
S/O.AVUDAL,KOLAVANTE VALAPPIL, KALACHAL,ALAMCODE,
MALAPPURAM, PIN - 679585
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16 SANTHOSH,
AGED 44 YEARS
S/O. KARIYAN,ANAKKAPARAMBIL KAKKIDIPPURAM,ALAMCODE,
MALAPPURAM, PIN - 679585
BY ADVS.
SHRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS,SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 DIRECTOR OF PANCHAYATS,
PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, PMG JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
5 DIRECTOR OF URBAN AFFAIRS,
SWARAJ BHAVAN,NANTHANCODE,KOWDIAR(PO) THIRUVANANTHAPURAM,
PIN - 695003
6 EXECUTIVE ENGINEER,
PWD ROADS DIVISION, THIRUVANANTHAPURAM, PIN - 695001
7 EXECUTIVE ENGINEER,
PWD ROADS DIVISION,MANJERI, MALAPPURAM, PIN - 676121
8 PONNANI MUNICIPALITY,
WP(C) NO. 13594 OF 2025 4
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REPRESENTED BY THE SECRETARY,NEAR PONNANI, MALAPPURAM,
PONNANI, PIN - 679577
9 SECRETARY,
PONNANI MUNICIPALITY,NEAR PONNANI, MALAPPURAM, PONNANI,
PIN - 679577
SMT. SURYA BINOY, SR. GP., SRI. C.V. MANUVILSAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition is filed with the following prayers:
" i) To issue a writ of certiorari quashing Exts.P1 to P16 as unjust, illegal and
arbitrary;
ii) To issue a writ of mandamus directing the respondents to permit the
petitioners to conduct their vending activities in their current place of
vending, ie. at the margin of Thrissur -Kuttippuram Highway as without
evicting them;
iii) To issue a writ of mandamus directing the respondents to refrain from
any action to remove/evict the petitioners at the margin of Thrissur -
Kuttippuram road in Malappuram district, based on the impugned notices ;
iv) To declare that the petitioners are entitled to conduct vending at the
margin of Thrissur- Kuttippuram Road (Highway) in Malappuram district
without any illegal restraint by the respondents;
v) To declare that the petitioners are 'street vendors' as defined under the
Street Vendors Act, 2014 and are entitled to all the consequential benefits
under the Act;
vi) To issue a writ of mandamus directing the respondents to pass orders
declaring the petitioners as street venders and grant all the consequential
benefits;
vii) 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.
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viii) To dispense with filing of the translation of vernacular documents."
2. A statement has been filed on behalf of the Ponnani
Municipality, respondents 8 and 9, that the area referred to in the writ
petition - namely, the stretch of the Thrissur - Kuttippuram Highway -
does not fall within the territorial limits or administrative control of
Ponnani Municipality.
3. The learned Government Pleader, on instructions, submits
based on the statement filed on behalf of the 7th respondent - Executive
Engineer, PWD Roads Division, Manjeri, that the encroachers, including
the petitioners, were evicted from the road margins to complete the
developmental activities. It is also stated that no notices have been
issued to any street vendors in the urban area, like the Ponnani
Municipality. Since the petitioner is allegedly doing street vending
business in the road margins of Thrissur-Kuttippuram road for a long
years, their street vending activity can be permitted. The street vendors
can vend only in the vending zones identified by the Municipalities or
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other local authorities. They cannot have any business activities on the
sides of National Highway or State Highway, which fall within the PWD
department. The above statements are recorded.
In such circumstances, no relief can be granted to the petitioners
in this case, as they are outside the territorial limits of the Ponnani
Municipality, and their claim for vending on the highways cannot be
permitted. Accordingly, the writ petition will stand dismissed. However,
this will not prevent the petitioners from claiming their rights under the
Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014, in areas where such activities are permitted.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
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APPENDIX OF WP(C) 13594/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 1ST PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 2ND PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P3 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 3RD PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 4TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 5TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 6TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P7 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 7TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P8 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 8TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P9 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 9TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P10 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 10TH PETITIONER BY THE 7TH
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RESPONDENT.
Exhibit P11 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 11TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P12 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 12TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P13 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 13TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P14 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 14TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P15 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 15TH PETITIONER BY THE 7TH
RESPONDENT.
Exhibit P16 TRUE COPY OF THE NOTICE NO.EERD-
DVOMLP/EVICTION/2025/E4/PWD DATED 18.03.2025
ISSUED TO THE 16TH PETITIONER BY THE 7TH
RESPONDENT.
