Rejitha.T.V. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 22911 of 2015 (L) ---------------------------- PETITIONER(S):

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1. REJITHA.T.V., W/O. RAMU. R., AGED 39 YEARS, THEKKETHERUVIL, 3/48, ELOOR SOUTH- 683 501.

2. RAMU. R., AGED 40 YEARS, S/O. GOPALAN, THEKKETHERUVIL, 3/48, ELOOR SOUTH -683 501.

3. JAIMON K., AGED 40 YEARS, S/O. KUNJAPPAN, RESIDING AT THEKKEMURIYIL HOUSE, INCHIYANI, MUNDAKKAYAM PANCHAYAT.

4. JENSON JOSEPH, AGED 39 YEARS, S/O. JOSEPH, THOTTAPURAM HOUSE, CHAMPAKKARA. BY ADV. KUM.D.MINI RAJAN.

RESPONDENT(S):

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

2. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, ERNAKULAM- 682 031.

3. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, T.C NO 36/574-1, KRISHNA KRIPA, ERA-42, PALKULANGARA JUNCTION, VALLAKADAVU P.O., THIRUVANANTHAPURAM- 695 008, REPRESENTED BY ITS REGIONAL OFFICER.

R1 BY GOVT. PLEADER SRI.MANOJ P.KUNJACHAN.

R2 BY ADVS. SRI.K.ANAND, SC, SRI.P.K.SOYUZ,SC.

R3 BY ADV. SRI.THOMAS ANTONY.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 22911 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 TRUE COPY OF THE ID CARD OF 1ST PETITIONER.

EXT.P2 TRUE COPY OF THE ID CARD OF 2ND PETITIONER.

EXT.P3 TRUE COPY OF THE ID CARD OF 3RD PETITIONER.

EXT.P4 TRUE COPY OF THE ID CARD OF 4TH PETITIONER.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.22911 of 2015 - L ====================== Dated this the 12th day of August, 2015

J U D G M E N T

The petitioners claim to be members of an association of street vendors, who are carrying on sale of various items on the National Highway. This Court had categorically held that the National Highways and the land vested with the National Highways Authority would not come within the coverage of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity 'the Act of 2014).

2. The judgment in W.P.(C) No.17546 of 2015 and connected cases dated 31.07.2015 is upheld by a Division Bench of this Court in W.A No.1665 of 2015 dated 10.08.2015. The writ petition would stand dismissed followiong the aforecited judgments.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.