Kerala High Court
Mathew Varghese vs State Of Kerala on 25 February, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941
WP(C).No.465 OF 2018(G)
PETITIONERS:
1 MATHEW VARGHESE,S/O.PAPPY VARGHESE
AGED 47 YRS, MUPPUKATTIL, NELLIKKALA
P.O.,PATHANAMTHITTA -689 643.
2 JAYACHANDRAN S/O.ANIRUDHAN
AGED 45 YRS, BRAHMANIYATH, NARANGANAM
P.O,PATHANAMTHITTA.
3 VIJAYAN S/O.GOPALAN
AGED 38 YRS, KAVUPARA, AYIROR P.O,PATHANAMTHITTA.
4 GOPAKUMAR J. S/O.JANARDHANAN
AGED 29 YRS, SASIKALA BHAVAN, CHERUKULANJI P.O,RANNI,
PATHANAMTHITTA.
5 RENJITH K.G. S/O.GOPALAKRISHNAN
AGED 34 YRS, LEELA MANDIRAM, KUNNAM P.O,MAVELIKKARA,
ALAPPUZHA.
6 GOPALAKRISHNAN P.A. S/O.ARJUNANAN
AGED 46 YRS, KOCHUKUZHIYIL, NOOROMAVU P.O,ANIKKADA,
PATHANAMTHITTA.
7 VINOD S/O.MADHAVA KURUPP
AGED 41 YRS, THARAYIL HOUSE, PUNALUR,KOLLAM DST.
8 HARISS S/O.ABOOBECKER
AGED 44 YRS, VALIYIKKATT, KAYAMKULAM,ALAPPUZHA.
9 V. RENJITH S/O.VELLASWAMY
AGED 29 YRS, KIZHAKKILLATH, PAZHAVANGADI PO,RANNI,
PATHANAMTHITTA.
10 JOBY MATHEW S/O.MATHAI DEVASSYA
AGED 35 YRS, PANATTIL, CHEERANJIRA P.O,KOTTAYAM.
11 MANOJ S/O.SRI LINGAM
AGED 34 YRS, CHUNDAKKATU, KURAVAKUZHI,PULLAD,
PATHANAMTHITTA.
12 MONCY VARGHESE S/O.VARGHESE
AGED 47 YRS, KUZHIMANNIL, CHIRAYIRAMBU
PO,PATHANAMTHITTA.
WP(C).No.465 OF 2018(G) 2
13 AJI P.O S/O.MEERSAHIB
AGED 40 YRS, PUATHOTTU, KATTOOR,PATHANAMTHITTA.
14 SANJAY S/O.GULAB
AGED 35 YRS, MAHALAKSHMI LUCKY CENTRE,KOZHENCHERRY,
PATHANAMTHITTA.
15 MANU K.S. S/O.SADANDAN
AGED 38 YRS, KULANGARACKAL THEKKETHIL,THEKKUNKAL P.O,
AYROOR, PATHANAMTHITTA.
16 ALEXANDER
ATHUL BHAVANAM, KEEZHUKARA P.O,KOZHENCHERRY,
PATHANAMTHITTA.
17 K.J. BABY
KOMBUZHTHIL, VAYPOOR, MALLAPPALLY,PATHANAMTHITTA.
BY ADV. SRI.P.VINODKUMAR
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY,
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE, GOVERNMENT OF
KERALA,SECRETARIAT, THIRUVANANTHAPURAM -695001.
3 THE DISTRICT COLLECTOR
PATHANAMTHITTA - 689 643.
4 THE SECRETARY KOZHENCHERRY GRAMA PANCHAYATH
KOZHENCHERRY P.O, PATHANAMTHITTA DIST. 689 643.
R1, R4 BY ADV. SRI.JACOB P.ALEX
R1 BY ADV. SRI.JOSEPH P.ALEX
BY SR.GOVERNMENT PLEADER SRI.BIMAL K.NATH
BY ADV.SRI.THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.465 OF 2018(G) 3
JUDGMENT
The petitioners, claiming to be street vendors, have approached this Court aggrieved by the steps taken by the 4 th respondent to evict them from the place where they are presently carrying on their business. The prayer in the Writ Petition is for a declaration that the 4th respondent does not have the authority to evict the petitioners in violation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
2. When the matter came up for admission, this Court while issuing notice before admission to the respondents also directed that status quo be maintained for a period of three weeks. The said interim order has been extended from time to time and continues to be in force even today.
3. A counter affidavit has been filed on behalf of the 4 th respondent together with a petition for vacating the interim order. In the said counter affidavit, it is clearly stated that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, does not apply to areas falling within the administrative jurisdiction of a Panchayat, and hence, the petitioners cannot claim any right WP(C).No.465 OF 2018(G) 4 traceable to the said Act. It is the further submission of the learned counsel for the 4th respondent that during the pendency of the Writ Petition, the 4th respondent has taken a decision to relocate some of the vendors in the public market and the petitioners are included among the persons who have been decided to be identified for relocation in the public market. The learned counsel for the petitioners would submit that they are ready to relocate to the place identified in the public market by the 4 th respondent, and if the 4th respondent honours its decision to relocate them in the Public market, that would suffice for closing the present Writ Petition.
Taking note of the said submission of counsel for either side and also taking note of the offer by the 4 th respondent Panchayat to relocate the petitioners within the public market, on the terms decided by the 4th respondent, the Writ Petition is closed by recording the said submission by the 4 th respondent and directing the petitioners to relocate to the earmarked space within the public market, and to abide by the terms of the said allotment. The petitioners shall relocate as aforementioned, within two weeks from the date of receipt of a copy of this judgment, failing which, they will lose the benefit of this judgment and it will be open to the 4 th WP(C).No.465 OF 2018(G) 5 respondent to evict the petitioners from their present place of business.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.465 OF 2018(G) 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 24.12.2017 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S/S EXHIBITS:
R4(A)EXHIBIT TRUE COPY OF THE LISTS OF PERSONS WHO ARE DOING ILLEGAL TRADE IN THE LAND BELONGING TO THE PANCHAYAT ALONG WITH IT'S ENGLISH TRANSLATION.
EXHIBIT R4(B) TRUE COPY OF THE RESOLUTION DATED 04.12.2019 OF THE KOZHENCHERRY GRAMA PANCHAYAT ALONG WITH IT'S ENGLISH TRANSLATION.
//TRUE COPY// P.A TO JUDGE