The Court allowed a writ petition filed by a shopping complex owner seeking to stop street vendors obstructing a public footpath. The Court directed the municipality to remove the obstructions within two weeks.
Respondents 1 to 3 directed to remove obstructions and nuisance created by street vendors within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937
WP(C).No. 823 of 2014 (C)
PETITIONER:
LUKE STEPHEN, S/O. STEPHEN, AGED 53, PULIMOOTIL HOUSE, THODUPUZHA-685584.
BY ADVS.SRI.K.R.SUNIL SMT.P.K.PAMALA
RESPONDENT(S):
1. THE THODUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THODUPUZHA-685584.
2. THE REGIONAL TRANSPORT OFFICER, THE REGIONAL TRANSPORT OFFICE, THODUPUZHA-685584.
3. THE CIRCLE INSPECTOR OF POLICE, TRAFFIC POLICE STATION, THODUPUZHA-685584.
4. THE SUB INSPECTOR OF POLICE,
R1 BY ADV. SRI.P.K.SOYUZ, SC
R2 TO R4 BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 823 of 2014 (C)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBITANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.V. RAMAKRISHNA PILLAI, J.
W.P.(C) No.823 of 2014
Dated this the 16th day of July, 2015.
JUDGMENT
The petitioner is seeking a positive direction to the respondent municipality to prohibit the street vendors from causing obstruction to the ingress and agrees to the petitioner's shopping complex.
W.P.(C) No.823 of 2014
-2-
sent Ext.P3, the street vendors are continuing there. Being aggrieved by the hostile attitude of the responsible officers, this writ petition is filed seeking appropriate orders to remove the street vendors. It is with this background, the petitioner has come up before this Court.
Rose Lynd E.T. and another v. Lekha Alias Krishnakumar
W.P.(C) No.823 of 2014
-3-
and others [2008 (4) KHC 184] specifically prohibits any kind of sale of articles in public streets.
Therefore, the writ petition is allowed. The respondents 1 to 3 are directed to remove the obstruction and nuisance created by the street vendors as envisaged in Ext.P3 within a period of two weeks from the date of receipt of a copy of this
judgment.
Sd/A.V. RAMAKRISHNA PILLAI
JUDGE
Scl.
2 issues framed by the court
Whether the municipality is bound to remove street vendor obstructions abutting a petitioner's shopping complex.
Whether the Writ Petition for positive direction to prohibit vendors causing obstruction should be allowed.
Colour shows how this judgement treated each authority
Rose Lynd E.T. and another v. Lekha Alias Krishnakumar and othersApplied¶4
Rose Lynd E.T. and another v. Lekha Alias Krishnakumar and others [2008 (4) KHC 184]
2 provisions across 2 enactments
Luke Stephen
The Thodupuzha Municipality
The Regional Transport Officer
The Circle Inspector of Police
A.V. Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
