Kerala High Court
Unknown vs Present on 26 July, 2018
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940
WP(C).No. 25239 of 2018
PETITIONERS
1 ABBAS V.,
AGED 61 YEARS, S/O.KUNHALAVI MESTHIRI,
VELLATHUR HOUSE, THANJILOD, MEPPADI P.O.,
THATHILOD - 673 577
2 T.SASI,
CHESOTHARA, THERUVALA HOUSE,
P.O.KOTTANAD - 673 577
3 SHAFEEK C.,
S/O.JAMAL, CHIRAYIL HOUSE, KUNNAMANGALAMKUNNU,
MEPPADI P.O.
4 SIKKANDAR M.,
S/O.MEERAN, CHERUVIL HOUSE, KAPPAMKOLLY,
P.O.MEPPADI.
5 IBRAHIM C.,
S/O.KUNHAMMAD, CHOMAYIL HOUSE,
GANDHINAGAR, MEPPADI P.O.
6 AYAMU,
AGED 69 YEARS, S/O.EATHEENKUTTY, ALUKKAL HOUSE,
KOTTANAD, MEPPADI.
7 HAJAJUSSAIN,
S/O.MUTHU RAWTHER, VERKKOLLI HOUSE, THAZHE
ARAPETTA, MOOPAINAD.
8 BABU S.,
S/O.SUBRAMANIAN, LAKSHAM HOUSE, KOTTANAD P.O.
(SCHEDULED CASTE)
9 CHIKKAMMA,
W/O.SUBRAMANIAN, KUNNAMANGALAM VAYAL,
MEPPADI P.O. (SCHEDULED CASTE)
10 KUNHIMUHAEED T.K.,
S/O.MUHAMMED, THUPPIRIKKADU, KADOOR AMBALAKUNNU,
MEPPADI P.O.(SICK). /2/
-2-
WP(C).No. 25239 of 2018
11 P.K.MOIDEENKUTTY,
AGED 71 YEARS, KUNHIMOIDEEN,
POOLIKUNNIL HOUSE,
MOOPPAINAD, MEPPADI P.O.
12 FAHAD P.,
S/O.MUHAMMED, PAVOOR HOUSE, PULLOORJUNNU,
RIPPON P.O.
13 SDIQ,
S/O.MOIDEEN, PARAPPURATH HOUSE, THOMATTUCHAL,
VADUVANCHAL P.O.
14 SOMAN R.,
AGED 73 YEARS, S/O.RAGHAVAN, KUNNAMANGALAM VAYAL,
MUZHIYIL HOUSE, P.O.MEPPADI.
15 PAULRAJ,
KIZHAKKEKATHI HOUSE, ARAPPATTA, MEPPADI P.O.
16 VELAYUDHAN,
AGED 71 YEARS, S/O.CHOYIKKUTTY, MADATHIL HOUSE,
MANKUNNU, MEPPADIP.O.
17 BASHER K.T.,
S/O.TAHA, KOCHUMURITHOTTIL HOUSE, CHEMBOTHARA,
KOTTANAD P.O.
18 MUHAMMEDALI K.,
S/O.KARIL, ALIKKADAN HOUSE, RIPPON P.O.
19 BABY K.,
S/O.RAJAN, KUNJUMMAL HOUSE, RIPPON P.O.,
PUDUKKAD.
20 SALIM P.,
AGED 62 YEARS, S/O.MOIDUNNI, PALAPUZHA HOUSE,
MALAMKOLLI, VADUVANCHAL.
21 SELVARAJ R.,
S/O.RANGASWAMY, KANJANA HOUSE, VATTATHUVAYAL,
VADUVANCHAL P.O.
22 BALAKRISHNAN T.K.,
AGED 58 YEARS, S/O.KRISHNAN, THOTTUKATTIL HOUSE,
ERUMAKKOLLI, CHEMBRA P.O.
/3/
-3-
WP(C).No. 25239 of 2018
23 SUNDERRAJ,
S/O.KARAPPASWAMY, THALAKKALVAYAL, RIPPON P.O.
SCHEDULED CASTE)
24 ABDUL AZIZ C.,
S/O.UMMER, CHEMBOTTUTHODIKA HOUSE,
KOTTATHARAVAYAL, KOTTANAD P.O.
25 A. HAMSA,
AGED 65 YEARS, S/O.MOIDEEN, ATHANIKKAL HOUSE,
MEPPADI P.O.
26 KUNHIKANNAN T.,
S/O.KUNHIRAMAN, THERADATH HOUSE,
KADOOR, MEPPADI P.O.
27 MUHAMMED C.P.,
S/O.ALAVIKUTTY, CHAKKUPURACKAL HOUSE,
NEDUNKARANA, RIPPON.
28 USSAIN,
S/O.MOIDEEN, PUTHUPARAMBIL HOUSE,
NEDUNKARANA, RIPPON, MEPPADY.
29 RAJU S.,
S/O.SIDHAN, LAKSHAM VEEDU, KOTTANAD P.O.,
(SCHEDULED CASTE)
30 M.UMMER,
MALAPARAMBIL HOUSE, P.O.MEPPADI,
PUTHAKOLLI - 673 577 (SICK).
31 LEELA K., AGED 60 YEARS,
LAKSHAMVEEDU, MEPPANGODU, KOTTANADU P.O.
KOTTAPPADI - 673 577 (SICK)
BY ADVS.SRI.P.K.REJITH KUMAR
SMT.K.K.PREETHA
SRI.R.K.PRASANTH
RESPONDENTS:
1. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANAMNTHAPURAM-695 001.
/4/
-4-
WP(C).No. 25239 of 2018
2. THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT,GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695 001.
3. THE ASSISTANT ENGINEER,
PWD ROAD SECTION,KALPETTA,
WAYANAD-673 122.
4. THE ASSISTANT ENGINEER,
PWD ROAD SECTION,LAKKIDI,WAYANAD-673 576.
5. MEPPADI GRAMA PANCHAYAT,
MEPPADI REPRESENTED BY ITS SECRETARY,
MEPPADI P.O.,WAYANAD-673 577.
6. MOOPAINAD GRAMA PANCHAYAT,
MOOPAINAD REPRESENTED BY ITS SECRETARY,
MOOPAINAD P.O., WAYANAD-673 577.
7. DISTRICT COLLECTOR,
WAYANAD,COLLECTORATE,
CIVIL STATION,KALPETTA-673 122.
*ADDL.R8 IMPLEADED
------------------
*ADDL.R8 THE EXECUTIVE ENGINEER (ROADS),
PUBLIC WORKS DEPARTMENT (ROADS),
KALPETTA, WAYANAD DISTRICT.
*ADDL. R8 SUO MOTU IMPLEADED AS PER ORDER DATED 26.07.2018
R1 TO R4, R8 BY SRI. K.V. SOHAN, STATE ATTORNEY
BY GOVERNMENT PLEADER SRI.K.B. SONI
R5 & R6 BY ADV. SRI.MANOJ RAMASWAMY, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25239 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: TRUE COPY OF THE UNDATED NOTICE ISSUED TO THE
4TH PETITIONER ISSUED BY THE 4TH RESPONDENT
EXT.P1(A): TRUE COPY OF THE NOTICE DATED 17/07/2018 ISSUED TO
THE 1ST PETITIONER
EXT.P1(B): TRUE COPY OF THE BLANK NOTICE FORM ISSUED BY
THE 3RD PETITIONER
EXT.P2: TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.1
EXT.P2(A): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.4
EXT.P2(B): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.5`
EXT.P2(C): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.14
EXT.P2(D): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.16
EXT.P2(E): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.17
EXT.P2(F): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.22
EXT.P2(G): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.25
EXT.P2(H): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.26
EXT.P2(I): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.27
EXT.P2(J): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.28
EXT.P2(K): TRUE COPY OF THE FOOD SAFETY CERTIFICATE ISSUED
TO PETITIONER NO.30
WP(C).No. 25239 of 2018 (D)
EXT.P3: TRUE COPY OF THE IDENTIFY CARDS ISSUED BY THE
COMMISSIONERATE OF FOOD AND SAFETY TO
PETITIONER NO.25
EXT.P3(A): TRUE COPY OF THE IDENTIFY CARDS ISSUED BY THE
COMMISSIONERATE OF FOOD AND SAFETY TO
PETITIONER NO.26
EXT.P4: TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE
ISSUED TO PETITIONER NO.17 BY FOOD SAFETY &
STANDARDS AUTHORITY OF INDIA.
EXT.P4(A): TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE
ISSUED TO PETITIONER NO.25 BY FOOD SAFETY &
STANDARDS AUTHORITY OF INDIA.
EXT.P4(B): TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE
ISSUED TO PETITIONER NO.27 BY FOOD SAFETY &
STANDARDS AUTHORITY OF INDIA.
EXT.P5: TRUE COPY OF THE REPORT ON ANALYSIS OF WATER
TO PETITIONER NO.27 BY THE ASST. ENGINEER, KERALA
WATER AUTHORITY
EXT.P6: TRUE COPY OF THE REPRESENTATION SUBMITTED
PETITIONER NO. 30 TO RESPONDENT NO.3
EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED
PETITIONER NO. 30 TO RESPONDENT NO.5
EXT.P8: TRUE COPY OF THE REPRESENTATION SUBMITTED
PETITIONER NO. 30 TO RESPONDENT NO.7
RESPONDENTS EXHIBITS NIL
/TRUE COPY/
PA TO JUDGE
sdr/-
3.8.18
ALEXANDER THOMAS, J.
==================
W.P.(C).No. 25239 of 2018
==================
Dated this the 26th day of July, 2018
JUDGMENT
The petitioners claim that they are street vendors, who are eking out their livelihood by vending tea, coffee, fruits, vegetables, ice creams, snacks, mini tiffins, etc. in small bunk shops/sheds on the side of the Chundel-Meppadi-Ootty Road, within the territorial limits of R-5 (Meppadi Grama Panchayat, Wayanad district) and R-6 (Moopainad Grama Panchayat, Wayanad district) for the last more than 30 years. It is stated that most of the petitioners are senior citizens, physically challenged persons, who are affected by various chronic diseases like cancer, heart ailments, etc. Some of them are widows, it is averred. It is further stated that most of them have obtained registration under the Food Safety Standard Act, 2006 for sale of their food products. The petitioners are aggrieved by the impugned notices at Ext.P-1 series and such other similar notices issued to them by R-3 (Assistant Engineer, PWD Roads Section, Kalpetta, Wayanad) and R-4 (Assistant Engineer, PWD Roads Section, Lakkidi, Wayanad) and they have been thus directed to vacate the land, which is appurtenant to the said Government road. The petitioners would further state that they have not been given an W.P.(C).25239/18 - : 2 :-
opportunity of being heard to represent their case before the authorities concerned and that this is blatant violation of the constitutional protection afforded under the provisions of Articles 14, 19(1)(a), 19(1)(g) and 21 of the Constitution of India. That the petitioners are not in any manner obstructing the highway and since they have been conducting the bunk shops for the last 30 years without any such obstruction, there is no justification to evict them, etc. Alternatively, they would pray that respondents 5 and 6 are liable to provide alternative accommodation to the petitioners before demolishing their bunk shops between the abovesaid roads. The petitioners have submitted Exts.P-6, P-7 and P-8 representations before respondents 3, 5 and 7, etc. It is in the light of these factual averments, that the petitioners have filed the instant Writ Petition (Civil) with the following prayers:
b