Kerala High Court
Vijayarajan vs The Elampalloor Grama Panchayat on 5 April, 2013
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 5TH DAY OF APRIL 2013/15TH CHAITHRA 1935
WP(C).No. 25764 of 2012 (U)
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PETITIONERS:
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1. VIJAYARAJAN
S/O.VELAYUDHAN, CHEMBAKASSERY VEEDU, PUNNUKKANOOR
PERUMPUZHA, KOLLAM.
2. PARAMESWARAN PILLAI
S/O.CHELLAPPAN PILLAI, THAZHAVILAVEEDU, KUNDARA.
3. PURUSHOTHAMAN
BROTHERS BHAVAN, HOSPITAL JUNCTION, KUNDARA.
4. C.RAJU
S/O.CHERIYAN, NEDIYAVILAVEEDU, HOSPITAL JUNCTION
KUNDARA.
BY ADV. SRI.K.G.ANIL BABU
RESPONDENT(S):
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1. THE ELAMPALLOOR GRAMA PANCHAYAT
ELAMPALLOOR, KOLLAM DISTRICT-691 301.
2. THE SUB INSPECTOR OF POLICE
KUNDARA POLICE STATION, KUNDARA-691 301.
3. THE SUPERINTENDENT OF POLICE
KOLLAM (RURAL), KOTTARAKKARA-691 301 .
4. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-31.
R1 BY ADV. SRI.B.VINOD
R2 TO R4 BY GOVERNMENT PLEADER SRI RINNEY STEPHEN CHAMAPARAMBIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WPC .25764/12
PETITIONER(S) EXHIBITS
EXHIBIT P1. TRUE COPY OF THE PHOTOS TAKEN WHEN THE FISHERWOMAN START
VENDING THEIR FISH IN THE EVENING.
EXHIBIT P2. COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE
THE IST RESPONDENT PANCHAYATH.
EXHIBIT P3. COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 2ND
RESPONDENT.
RESPONDENTS' EXHIBITS
TRUE COPY
P.A.TO JUDGE
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K.SURENDRA MOHAN, J.
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W.P.(C.)No.25764 Of 2012
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DATED THIS THE 5th DAY OF APRIL, 2013
JUDGMENT
The petitioners are licensed shopkeepers conducting business by the side of the National Highway at the Hospital Junction, Kundara. They complain of unlicensed fish vending conducted by various persons by the side of the National Highway, in front of their shop rooms. According to them, though two markets owned by the Grama Panchayat are located close to the Junction, the unlicensed vendors carry on their operations, causing nuisance to the people of the locality. The fish waste is carelessly dumped all around and left to decay,which causes noxious smell and nuisance. Though, they have submitted complaints about the said activity, the respondents have not taken any action in the matter. Therefore, they seek the issue of appropriate orders for abatement of the nuisance.
2. Though, notice has been served on the 1st respondent, there is no appearance.
3. I have heard the learned Government Pleader also. WPC.No.25764 /12 -2-
4. A statement has been filed by the 2nd respondent stating that fish vending is being conducted by some women only in the evening and that the 2nd respondent is willing to provide any assistance to the Panchayat authorities as and when required to stop such unlicensed vending.
5. The complaint of the petitioners requires to be investigated and appropriate action initiated thereon, if the complaints are genuine. The inaction on the part of the authorities cannot be justified on any count.
In view of the above, this Writ Petition is disposed of directing respondents 1 to 3 to consider the complaints of the petitioners and to take necessary and effective action thereon, to ensure that fish vending by unlicensed vendors, as seen in Exhibit P1 photographs are not carried on from the road margins, causing nuisance to the people.
Sd/- (K.SURENDRA MOHAN) JUDGE.
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