Kerala High Court
Shobha Madhu vs State Of Kerala on 8 September, 2025
WP(C) NO. 28626 OF 2025 1
2025:KER:66533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 28626 OF 2025
PETITIONERS:
1 SHOBHA MADHU,
AGED 60 YEARS
THAIPARAMBIL HOUSE, M.A. SAJEEVAN ROAD,
EDAPPALLY.P.O.,ERNAKULAM DISTRICT, PIN - 682021
2 MAHESHKUMAR,
AGED 37 YEARS
THAIPARAMBIL HOUSE, M.A. SAJEEVAN ROAD,
EDAPPALLY.P.O.,ERNAKULAM DISTRICT, PIN - 682021
3 GIRIJA DEVI,
AGED 43 YEARS
THAMMANAM CHURCH ROAD, C LANE, ERNAKULAM DISTRICT, PIN -
682032
BY ADVS.
SMT.SONIYA.M
SMT.HASEENA A.A.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT INSITUTIONS, GOVERNMENT SECRETARIATE,
THIRUVANATHAPURAM, PIN - 695001
2 CORPORATION OF COCHIN,
REPRESENTED BY ITS SECRETARY, KOCHI CORPORATION, PIN -
682031
3 THE HEALTH INSPECTOR,
WP(C) NO. 28626 OF 2025 2
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CORPORATION OF COCHIN,GNAPATHI TEMPLEROAD ,EDAPPALLY ,
ERNAKULAM, PIN - 682024
4 THE STATION HOUSE OFFICER,
ELAMAKKARA POLICE STATION,ERNAKULAM, PIN - 682026
5 GENOY JOHN
S/O. THOMAS JOHN, THAZHAYIL HOUSE, PADAMUGAL, PALACHUVADU
ROAD, ERNAKULAM, PIN- 682 030.
6 THOMAS JOHN
S/O. YOHANNAN THOMAS, THAZHAYIL PUTHENVEEDU HOUSE,
MALLAPUZHASSERY, NELLIKKALA PO, PATHANAMTHITTA, PIN- 689 643
ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED
12.08.2025 IN IA 1/2025 IN WP(C)28626/2025
BY ADVS.
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
SRI.K.L.JOSEPH
SHRI.JOBY KURIAKOSE T.J
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28626 OF 2025 3
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JUDGMENT
The writ petition is filed with the following prayers:
"(i)Issue a writ of mandamus or any other appropriate writ, order, or direction commanding the respondents no.2,3&4 , not to illegally evict the petitioners from present vending slot where the business of street vending conducted as per Exhibit P10 & Exhibit P10 (a)
(ii) To declare that the petitioner is entitled to continue their street vending activity in the allocated vending zone as per Exhibit P9 ( iii) To declare that the petitioners are the lawful street vendors as per the marked Exhibits P9
(iv) issue such other reliefs as the necessary in the interest of justice."
2. A counter affidavit has been filed on behalf of the Corporation, which reads as follows:
"3. It is humbly submitted that the petitioners at present are vending in the non vending zone. It is submitted that the shifting process as per the judgment of this Hon'ble Court in WPC No: 21401/2019 with respect to entire authorízed street vendors in the Kochi City is underway and the shifting of authorized street vendors in the said Municipal Division, Division No: 37 will be carried out when the shifting process of authorized street vendors from non vending zones to vending zones is started in the said Municipal Division.
4. It is submitted that in COC No: 1600/2025, the petitioner therein had averred that inauguration of the shop is scheduled on 17/08/2025, that taking into consideration the averments in the said contempt petition, the officials under this respondent approached the petitioners herein and directed them to WP(C) NO. 28626 OF 2025 4 2025:KER:66533 shift to a nearby location so that the shop is not affected. The above numbered contempt Petition is pending before this Hon'ble court. It is submitted that the area where the petitioners are presently carrying out vending activities is a non vending zone and entire vendors in the said area will be shifted to vending zone as per the judgment in WPC No: 21401/2019 while the same is implemented in Municipal Division No: 37."
3. The averments made above are recorded.
Accordingly, the writ petition is disposed of, directing the Corporation to consider the shifting of the petitioners to the vending zone in accordance with law and on the basis of the undertaking recorded above, within a period of one month. Till orders are passed as directed above, the status quo passed by this Court on 01.08.2025 shall continue to operate.
Sd/-MOHAMMED NIAS C.P. JUDGE lsn WP(C) NO. 28626 OF 2025 5 2025:KER:66533 APPENDIX OF WP(C) 28626/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE STREET VENDING LICENCE NO.
07C033037000984 ISSUED BY THE MUNICIPAL CORPORATION OF COCHIN DATED ON 25.11.2021 Exhibit P2 THE TRUE COPY OF THE STREET VENDING LICENCE NO.
07C033037003587 ISSUED TO THE 2ND PETITIONER BY THE MUNICIPAL CORPORATION OF COCHIN DATED ON 25.11.2021 Exhibit P3 THE TRUE COPY OF THE STREET VENDING LICENCE NO.
07C033037003747 ISSUED BY THE MUNICIPAL CORPORATION OF COCHIN DATED 02.09.2022 Exhibit P4 THE TRUE COPY OF THE ID CARD NO. 07C0330370009 84 ISSUED TO THE 1ST PETITIONER Exhibit P5 THE TRUE COPY OF THE ID CARD NO. 07C033037003587 ISSUED TO THE 2ND PETITIONER Exhibit P6 THE TRUE COPY OF THE LD CARD NO.07C033037003747 ISSUED TO THE 3RD PETITIONER Exhibit P7 THE TRUE COPY OF THE FSSAI LICENSE ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, DATED ON 21.06.2023 Exhibit P8 THE TRUE COPY OF THE FSSAI LICENSE ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA DATED ON 30.07.2025 Exhibit P9 THE TRUE COPY OF THE PUBLISHED LIST OF REVISED STREET VENDING ZONE WITH THE RECOMMENDATION OF MUNICIPAL COUNCIL RESOLUTION DATED 08.03.2022 Exhibit P10 THE TRUE COPY OF THE RELEVANT PAGES OF LIST OF STREET VENDORS PUBLISHED BY THE CORPORATION OF COCHIN DATED 30.01.2023 Exhibit P10(a) THE TRUE COPY OF THE RELEVANT PAGES OF LIST OF STREET VENDORS PUBLISHED BY THE CORPORATION OF COCHIN DATED 30.01.2023 Exhibit P11 THE TRUE COPY OF THE REPRESENTATION DATED 26.07.2025 Exhibit P12 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 05.09.2023 OF 1ST PETITIONER'S HUSBAND ISSUED BY THE MUNICIPALITY OF KALAMASSERY Exhibit P13 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 01.05.2019 OF 3TRD PETITIONER'S HUSBAND ISSUED BY THE MUNICIPAL CORPORATION OF EAST DELHI Exhibit P14 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 14.02.2025 ISSUED FROM MAJ HOSPITAL, EDAPPALLY WP(C) NO. 28626 OF 2025 6 2025:KER:66533 RESPONDENT EXHIBITS Exhibit R5 (b) True copy of the judgment dated 27.03.2025 in W P (c) No.12659/2025 Exhibit R5 (c) true copy of notice dated 21.04.2025 issued by Kochi Municipal Corporation E(h)xhibit R5 (h) True copy of location and site plan of the building Exbibit R5 (a) True copy of the Writ petition bearing no.
12659/2025 filed by the Respondents.
Exhibit R5 (e) True copy of the Contempt Case (c) No. 1600/2025 in W P (c) No.12659/22025.
Exhibit R5 (d) True copy of the lease deed dated 17.05.2025 executed by one tenant in favor of respondents 5 and 6 Exhibit R5 (f) photograph showing the bunks and ground floor of the building Exhibit R5 (g) photograph showing the completed building Exhibit P5(i) TRUE COPY OF THE RENT DEED DATED 30.06.2023 SIGNED BY THE 1ST RESPONDENT AND THE TENANT PETITIONER EXHIBITS Exhibit P17 The true copy of the application filed under the RTI Act dated 22-08-2025 Exhibit P17 A True copy of the acknowledgment receipt dated 22- 08-2025 Exhibit P16 A True copy of the acknowledgment receipt dated 21- 08-2025 Exhibit P15 Photograph showing the petitioners bunks placed in front of the plant nursery Exhibit P16 The true copy of the application filed under the RTI Act dated 21-08-2025