This writ appeal was filed by petitioners in the earlier W.P. against a Single Judge order directing the Municipal Council to conduct a survey for identifying street vendors. The court held that appellants were aggrieved by allotment decisions and ought to have raised objections before the Council itself. dismissing the appeal.
Writ appeal dismissed.
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 THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 19TH DAY OF JUNE 2017/29TH JYAISHTA, 1939
WA.No. 1262 of 2017 () IN WP(C).38218/2016
-------------------------------------------AGAINST THE COMMON JUDGMENT IN WP(C) 38218/2016 DATED 22-03-2017
APPELLANT(S)/PETITIONERS IN WPC :-
1. DAVIS, AGED 58 YEARS , S/O. DEVASSI CHALISSERI KUTTUKKARAN HOUSE, PATTIKKAD.P.O. THRISSUR DISTRICT - 680 652.
2. NANDANAN, AGED 35 YEARS, S/O. K.K. BALAN KARUVATH VALAPPIL HOUSE, PALLIPPURAM P.O., KODANNUR.
3. ABOOBACKER.K.K., AGED 54 YEARS CHARALIL HOUSE, MARAYAMANGALAM SOUTH NELLAYA, PALAKKAD DISTRICT.
4. SREENIVASAN, AGED 45 YEARS, S/O. MADHAVAN KARIMBU VALAPPIL HOUSE, THEKKUPADAM, P.O. PATTIKKAD, THRISSUR DISTRICT.
5. RAJESH.P.K., AGED 28 YEARS, S/O.KUMARAN PADATTUPADI HOUSE, PANAYAMPADAM, P.O. TALORE, THRISSUR DISTRICT.
6. SULAIMAN, AGED 58 YEARS, S/O. ABDULKHADER KAPPAM, METTUPALAYAM STREET HOUSE NO.10/268, PALAKKAD DISTRICT.
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT(S)/RESPONDENTS IN WPC :-
1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
WA.No. 1262 of 2017
2. THRISSUR COPORATION, MUNICIPAL OFFICE, ROAD, THRISSUR - 683 101 REPRESENTED BY ITS SECRETARY.
3. SECRETARY, THRISSUR CORPORATION, MUNICIPAL OFFICE, ROAD, THRISSUR - 683 101.
4. TOWN VENDING COMMITTEE, THRISSUR CORPORATION, MUNICIPAL OFFICE ROAD, THRISSUR - 683 101, REPRESENTED BY ITS SECRETARY.
R2 - R4 BY SRI.SANTHOSH P.PODUVAL, SC R1 BY SR.GOVERNMENT PLEADER SRI.M.A.ASIF
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NAVANITI PRASAD SINGH, CJ & RAJA VIJAYARAGHAVAN V., J
------------------------------------------------------W.A. No.1262 of 2017
Dated this the 19th day of June 2017
J U D G M E N T
Navaniti Prasad Singh, CJ
This writ appeal is filed by the writ petitioners in W.P.(C) No.38218 of 2016 against the judgment dated 22.3.2017 passed by the learned Single Judge to the extent it directs the Municipal Council to conduct survey and identify the street vendors.
W.A. No.1262 of 2017
-: 2 :-
about to be made and that being so, their objections can at best be dealt with by the Council itself. If they have any objection, the same should be taken up before the Council. To us, that is the right approach. That was the approach of the learned Single Judge as well.
Having considered the matter, we do not find any reason to interfere in the matter. Learned Single Judge has considered the matter in correct perspective. We, therefore, dismiss the writ appeal.
Sd/NAVANITI PRASAD SINGH CHIEF JUSTICE
Sd/RAJA VIJAYARAGHAVAN V J UDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/20.6.2017
1 issue framed by the court
Whether the objection to the scheme of allotment of premises to street vendors by the Thrissur Municipal Council requires referral to the Town Vending Committee under Section 22 of the Street Vendors
1 provisions across 1 enactments
Davis
Nandan
Aboobacker.K.K.
Sreenivasan
Rajesh.P.K.
Sulaiman
Navaniti Prasad Singh
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
