High Court of KeralaWP(C)/6217/2015disposed of

Shibu K.I. v. State Of Kerala

2015-02-26Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 6217 of 2015 (B) --------------------------- PETITIONER(S):

---------------- SHIBU K.I., AGED 35 YEARS AREEPARAMBIL HOUSE, MULAVUKAD P.O, ERNAKULAM PIN 682 504 BY ADVS.SRI.A.G.BASIL SRI.P.K.SEBASTIAN RESPONDENT(S):

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

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

2. COCHIN MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD ERNAKULAM BOAT JETTY, COCHIN 682 011

3. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD COCHIN 682 030

4. REVENUE DIVISIONAL OFFICER, FORT COCHIN, COCHIN 682 001.

5. TALUK OFFICER, KANAYANNUR TALUK, DISTRICT COURT COMPLEX PARK AVENUE ROAD, COCHIN 682 011 R BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE R BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6217 of 2015 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------- EXHIBIT P1 PHOTOGRAPH SHOWING THE STREET VENDING RUN BY THE PETITIONER CONCERNING FRUITS.

EXHIBIT P2 PHOTOGRAPH SHOWING THE SCATTERING HIS STREET VENDING PULL CART.

EXHIBIT P3 TRUE COPY OF ADMISSION CARD OF THE PETITIONER'S MOTHER NABEESA AND THE MEDICAL BILL FOR PURCHASING OF MEDICINES FROM MEDICAL SHOP.

EXHIBIT P4 TRUE COPY OF THE STREET VENDORS(PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING)ACT,2014(7 OF 2014) EXHIBIT P5 TRUE COPY OF JUDGMENT OF THE HON'BLE SUPREME COURT OF INDIA IN MAHARASHTRA EKTA HAWKERS UNION AND ANOTHER V.MUNICIPAL CORPORATION, GREATER MUMBAI AND OTHERS REPORTED IN (2014)1 SCC 490. EXHIBIT P6 TRUE COPY OF NEWS ITEM APPEARED IN THE MATHRUBHOOMI DAILY DATED 5.2.2015.

EXHIBIT P7 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 7.2.2015.

RESPONDENT(S)' EXHIBITS: NIL ----------------------- TRUE COPY PA TO JUDGE SCL.

P.R. RAMACHANDRA MENON, J.

--------------------------------- ------------------------------- Dated this the 26th day of February, 2015.

JUDGMENT

The petitioner has approached this Court with the following prayers:

i) Issue a writ of mandamus directing the 2nd respondent to return the mobile pull cart of the petitioner in which the petitioner has been doing his street vending unit;

ii) Direct the 2nd respondent to pay an amount of Rs.25,000/- as compensation to the petitioner for the unlawful destruction of the street vending pull cart and destruction and throwing away of fruits on the streets, which has been kept inside the pull cart;

iii) Direct the 2nd respondent to dispose of Exhibit P7 representation of the petitioner.

iv) Award more compensation to the petitioner under public law remedy from the respondents.

The learned counsel for the petitioner points out that the petitioner is having every right to pursue street vending, based on the National Policy declared (which

-2subsequently came to be enacted in the form of statute) and as per the decision of the Apex Court reported in Maharashtra Ekta Hawkers Union and another v. Municipal Corporation, Greater Mumbai and otehrs 2014

(1) SCC 490. It is stated that the proceedings pursued against the petitioner by the Corporation are not in conformity with the statutory mandate. The cart belonging to the petitioner has already been taken possession of, which is still to be returned to the petitioner, despite a request. Quite a lot of damage has been caused to the petitioner, by virtue of the above exercise. It is stated that the petitioner has already moved the second respondent by way of Ext.P7 representation. The prayer is to cause the same to be considered and disposed of within a reasonable time. In the said circumstance, there will be a direction to the concerned respondent to consider and pass appropriate orders on Ext.P7 in accordance with law, which shall be finalized at the earliest, at any rate, within 'one month' from the date of

-3receipt of a copy of this judgment.

This writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. Sd/- P.R. RAMACHANDRA MENON JUDGE Scl.