Kerala High Court
Andrews vs State Of Kerala on 4 November, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
WP(C).No.20568 OF 2019(U)
PETITIONERS:
1 ANDREWS, AGED 58 YEARS,
S/O. M. J. ARPUTHAM, NEW COLONY,
MUNNAR P.O., IDUKKI - 685 612.
2 S. ABDUL RAHIM, AGED 53 YEARS,
S/O. SULAIMAN, G.H. ROAD,
MUNNAR P.O., IDUKKI - 685 612.
3 J. SYED IBRAHIM, AGED 45 YEARS,
S/O. JAMAL MUHAMMED, NEW COLONY,
MUNNAR P.O., IDUKKI - 685 612.
4 N. DHEEN, AGED 59 YEARS,
S/O NAGOOR, S/O. SULAIMAN, G.H.ROAD,
MUNNAR P.O., IDUKKI - 685 612.
5 ANTHONIAMMAL. A., AGED 73 YEARS,
W/O. LATE BASTINE, 3250, ANTHONIAR COLONY,
NALLATHANI, KANNA DEVAN HILLS,
MUNNAR P.O., IDUKKI - 685 612.
BY ADVS.
SRI.T.U.SUJITH KUMAR
SRI.K.V.WINSTON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT - 685 603.
3 THE REVENUE DIVISIONAL OFFICER,
DEVIKULAM, IDUKKI DISTRICT - 685 613.
4 THE SPECIAL TAHSILDAR
MUNNAR, IDUKKI DISTRICT - 685 613.
WP(C).No.20568 OF 2019
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5 THE DEPUTY SUPERINTENDED OF POLICE,
MUNNAR, IDUKKI DISTRICT - 685 533.
6 MUNNAR GRAMA PANCHAYATH
MUNNAR P.O., IDUKKI DISTRICT - 685 612,
REPRESENTED BY ITS SECRETARY.
BY ADVS. SRI.ARUN THOMAS, SC
MUNNAR GRAMA PANCHAYATH
SRI.SYAMA PRASANTH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2019, ALONG WITH WP(C).22513/2019(L), WP(C).25373/2019(V),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20568 OF 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
WP(C).No.22513 OF 2019(L)
PETITIONERS:
1 BALA SUBRAMANIAN, AGED 44 YEARS,
S/O. THAMPURAN, 123, TALLIAR ESTATE,
TALLIAR DIVISION, KANNAN DEVAN HILLS,
TALLIAR, MUNNAR, IDUKKI - 685 614.
2 SELVAPACKIAM. R., AGED 51 YEARS,
S/O. RAJ, ANTHONIAR COLONY, NALLATHANNI ROAD,
KANNAN DEVAN HILLS, MUNNAR, IDUKKI - 685 612.
3 SATHEESH KUMAR. S, AGED 41 YEARS,
S/O. SUBRAMANIAN, 170, FACTORY DIVISION,
KALLAR ESTATE, KANNAN DEVAN HILLS,
IDUKKI - 685 612.
4 JANSI, AGED 58 YEARS,
W/O. MANI, ANTHONIAR COLONY, NALLATHANNI ROAD,
KANNAN DEVAN HILLS, MUNNAR, IDUKKI - 685 612.
BY ADVS.
SRI.RENJITH B.MARAR
SRI.SADCHITH.P.KURUP
SMT.LAKSHMI.N.KAIMAL
SMT.SINDHU K.S.
SRI.C.P.ANIL RAJ
SRI.P.S.SYAMKUTTAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
WP(C).No.20568 OF 2019
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2 THE DISTRICT COLLECTOR,
COLLECTORTE, KUYILIMALA,
IDUKKI DISTRICT - 685 603.
3 THE REVENUR DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
DEVIKULAM, MUNNAR, IDUKKI - 685 613.
4 THE SPECIAL TAHSILDAR,
SPECIAL REVENUE OFFICE,
MUNNAR, IDUKKI - 685 612.
5 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
MOOLAKADAI, KANNAN DEVAN HILLS,
MUNNAR, IDUKKI - 685 612.
6 MUNNAR GRAMA PANCHAYAT,
PANCHAYAT OFFICE, MUNNAR,
IDUKKI DISTRICT - 685 612,
REPRESENTED BY ITS SECRETARY.
BY ADVS. SRI.SYAM PRASANTH GP,
SRI.ARUN THOMAS SC,
MUNNAR GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2019, ALONG WITH WP(C).20568/2019(U), WP(C).25373/2019(V),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20568 OF 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
WP(C).No.25373 OF 2019(V)
PETITIONER:
SASIKUMAR, AGED 52 YEARS,
S/O.SIVASANKARAN, PRESIDENT,
KERALA VYAPARI VYAVASAYI SAMITHI,
MARAYOOR UNIT, MARAYOOR P.O.,
IDUKKI DISTRICT.
BY ADVS.
SRI.N.K.SHYJU
SRI.DEEPAK RAJ
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY,
TOURISM DEPARTMENT,
THIRUVANANTHAPURAM, PIN-695 001.
2 S.RAJENDRAN,
MEMBER OF LEGISLATIVE ASSEMBLY,
MUNNAR P.O., IDUKKI DISTRICT,
PIN-685 612.
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KUYILIMALA,
PAINAVU P.O., IDUKKI DISTRICT,
PIN-685 603.
4 SUPERINTENDENT OF POLICE,
CIVIL STATION, KUYILIMALA,
PAINAVU P.O., IDUKKI DISTRICT,
PIN-685 603.
WP(C).No.20568 OF 2019
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5 THE SECRETARY,
DISTRICT TOURISM COUNCIL,
CIVIL STATION, KUYILIMALA,
PAINAVU P.O., IDUKKI DISTRICT,
PIN-685 603.
6 WILD LIFE WARDEN,
ERAVIKULAM NATIONAL PARK,
MUNNAR, PIN-685 612.
7 THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
PANCHAYATH DIVISION,
KUYILIMALA, PAINAVU,
IDUKKI, PIN-685 612.
8 THE SECRETARY,
MUNNAR GRAMA PANCHAYATH,
MUNNAR, IDUKKI DISTRICT,
PIN-685 612.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2019, ALONG WITH WP(C).20568/2019(U), WP(C).22513/2019(L),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20568 OF 2019
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JUDGMENT
[ WP(C)No.20568/2019, WP(C)No.22513/2019, WP(C)No.25373/2019 ] These writ petitions are filed by the street vendors who were vending within the areas of Munnar Grama Panchayat. They challenged the action of the Revenue Officers initiated to evict them from the occupation areas within the Munnar Grama Panchayat.
2. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(hereinafter referred to as 'the Street Vendors Act, 2014') is an enactment to protect the street vendors who are vending in urban areas. Section 2(c) of the Act defines 'local authority' as Municipal Corporation or a Municipal Council or a Nagar Panchayat or Cantonment Board or such other body entitled to function as a local authority in any city or town to provide civic services. Under Article 243Q(1)(a) of the Constitution of India, 'Nagar Panchayat' is referred as an area in transition from a rural area to an urban area. Under Section 4(1) of the Kerala WP(C).No.20568 OF 2019 -8- Municipalities Act, 1994, the Government shall, by notification in the Gazette, constitute a 'Town Panchayat' for a transitional area. It is only when Munnar Grama Panchayat is notified as a Town Panchayat under Section 4(1)(a) of the Act, it can be treated as a 'Nagar Panchayat' as referred under Section 2(c) of the the Street Vendors Act, 2014. In the absence of any such notification, the petitioner cannot claim protection under the aforesaid Act.
4. There was a challenge against the eviction of certain occupants in W.P.(C)No. 25116/2018. This Court after noting that the Munnar Grama Panchayat is not under the local authority as referred under the Act gave certain directions to the Government.
Any how, that will not create any right to any other occupants. The Government shall ensure that such directions are followed by the constituting committee as referred therein. As of now, I hold that the area in Munnar Grama Panchayat will not come within the ambit of Street Vendors Act, 2014. The petitioners cannot claim any protection. The learned Government Pleader submitted that all the petitioners were evicted prior to file these writ petitions. WP(C).No.20568 OF 2019 -9- In that view of the matter, I find no merit in this writ petition. Accordingly, all these writ petitions are dismissed.
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A.MUHAMED MUSTAQUE JUDGE akv WP(C).No.20568 OF 2019 -10- APPENDIX OF WP(C) 20568/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 13.6.2008 IN WPC NO.22519/2004 PASSED BY THIS HON'BLE COURT.
EXHIBIT P2 A TRUE COPY OF JUDGMENT DATED 26.11.2017 IN WPC NO.22776/2004 PASSED BY THIS HON'BLE COURT.
EXHIBIT P3 A TRUE COPY OF JUDGMENT DATED 11.11.2009 IN WPC NO.30169/2009 PASSED BY THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 25.7.2019, SUBMITTED BEFORE THE 3RD RESPONDENT AND HIS ORDER THEREON.
EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 14.3.2014 SUBMITTED BEFORE THE 5TH RESPONDENT PANCHAYATH.
RESPONDENT'S/S EXHIBITS:
ANNEXURE R6(A) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION (C) NO.25116 OF 2018.
ANNEXURE R6(B) TRUE COPY OF THE LETTER SUBMITTED BY THE PANCHAYAT TO THE 3RD RESPONDENT.
//TRUE COPY// CA TO JUDGE WP(C).No.20568 OF 2019 -11- APPENDIX OF WP(C) 22513/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 14/03/2014 SUBMITTED BEFORE THE 6TH RESPONDENT PANCHAYATH.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 21.08.2018 IN WP(C) NO.25116/2018 AND CONNECTED CASES.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 26.07.2019 IN WP(C) NO. 20568/2019 PASSED BY THIS HOB'BLE COURT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// C.A. TO JUDGE WP(C).No.20568 OF 2019 -12- APPENDIX OF WP(C) 25373/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED 30.03.2019 SUBMITTED BY THE LOCAL PEOPLE AND MERCHANTS BEFORE THE HON'BLE MLA DEVIKULAM.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED PETITIONER TO THE RESPONDENTS DATED 29.08.2019.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// C.A. TO JUDGE