High Court of KeralaWP(C)/6016/2015disposed of

Sunil M.K. v. State Of Kerala

2015-03-02Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 6016 of 2015 (B) PETITIONER(S):

-------------------------- SUNIL M.K, AGED 38 YEARS, MANAKATHODAN HOUSE, P.O.KUTTENALLUR, THRISSUR-680 014.

BY ADV. SRI.LINDONS C.DAVIS RESPONDENT(S) :

----------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, M.O.ROAD, THRISSUR-680 001

3. SUB INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR-680 001.

R1 & R3 BY GOVERNMENT PLEADER SRI.K.C.VINCENT R2 BY ADV. SRI.K.P.VIJAYAN, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 6016 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF APPLICATION DATED 20.02.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE JUDGMENT DATED 13.10.2014 IN W.P.(C).NO.12937/2014.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

W.P.(C) No.6016 of 2015 Dated this the 2nd day of March, 2015

JUDGMENT

Petitioner is a street vendor within the area of Thrissur Corporation. The officers of the Thrissur Corporation sought the petitioner to be evicted from Thaikattussery Road of Ollur Industrial Estate Junction within the area of Thrissur Corporation. The petitioner submits that, he is entitled for licence in terms of the the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The Corporation appears to have formulated a scheme to rehabilitate and accommodate street vendors.

2. The learned counsel for the petitioner relies on Ext.P2 judgment dated 13.10.2014 in W.P.(C). No.12937 of 2014 and seeks to extend similar benefits to the petitioner as well.

3. Heard the learned Standing Counsel for the respondent Corporation as well.

4. The petitioner shall raise his claim before the 2nd

W.P.(C) No.6016 of 2015 respondent in terms of the above Act, within 'three weeks' from the date of receipt of a copy of this judgment. On filing the application as above, it shall be for the 2nd respondent to consider the same and pass appropriate orders in terms of the scheme within a further period of 'two months'. Till finalisation of the proceedings as above, no coercive action shall be initiated against the petitioner.

The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps.

The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE sp