Disposed

Mustafa V.P. v. District Collector, Ernakulam

Kerala HC17 Jul 2018WP(C)/10065/2018

Case brief

AI extract

What is this about?

The court directed the petitioner to approach the Town Vending Committee of Tripunithura Municipality within three weeks for a street vending certificate. Until a decision is made, an interim status quo remains in place pending the committee's determination under the Street Vendors Act, 2014.

What did the court decide?

Compliance with the law by approaching the Town Vending Committee within three weeks; interim status quo maintained.

Mustafa V.P. Vs District Collector, Ernakulam — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940

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WP(C).No. 10065 of 2018

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PETITIONER :

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MUSTAFA V.P., AGED 44 YEARS, S/O.ABDUL KHADER, VATTAPRAMBIL HOUSE, PAVAKONAM, OTTAPALAM, PALAKKAD DISTRICT, PIN-679 101.

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BY ADV.SRI.R.ROHITH

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RESPONDENTS :

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1. DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD, KOCHI-682 030.

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2. THE SECRETARY, TRIPUNITHURA MUNCIPALITY, TRIPUNITHURA, ERNAKULAM-682 301.

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3. THE TAHSILDAR, KANAYANNOOR, TALUK OFFICE, ERNAKULAM-682 011.

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4. SUB INSPECTOR OF POLICE, TRIPUNITHURA, ERNAKULAM-682 301.

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R1, R3 & R4 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY BY GOVERNMENT PLEADER SRI.K.B.SONI R2 BY ADV. SRI.S.MADHUSOODANAN, SC, TRIPUNITHURA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10065 of 2018 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. A TRUE COPY OF THE LETTER DATED 15/3/2018 PREFFERED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT.

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

24.7.2018

ALEXANDER THOMAS, J.

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W.P.(C)No.10065 of 2018

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Dated this the 17^th day of July, 2018

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JUDGMENT

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It is stated that the petitioner who is a street vendor conducting a fruit stall near the side of Karingachira Road, Irumpanam Junction, Tripunithura, which is situated within the limits of the 2^nd respondentTripunithura Municipality. The grievance of the petitioner is that respondents 2 and 3, without any prior show cause notice has directed the petitioner to close down his shop and that this is in violation of the principles of natural justice and also against the statutory provisions contained in the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Schemes framed thereunder. In the light of these factual averments that the petitioner has filed this writ petition with the following prayers:-

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“(i)Direct the 1^st respondent not to proceed against the petitioner's street vending without comply the mandatory procedure as per the law.

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(ii)Direct the 2^nd respondent to initiate the proceedings to make a town vending committee and give identity card and proper license to the petitioner for street vending.

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(iii) Issue any other writ or direction appropriate in the circumstances of this case.”

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..2..

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W.P.(C)No.10065 of 2018

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Heard Sri.R.Rohith, learned counsel appearing for the writ petitioner, Sri.K.V.Sohan, learned State Attorney instructed by Smt.K.B.Soni, learned Government Pleader appearing for respondents 1, 3 and 4 and Sri.S.Madhusoodanan, learned Standing Counsel appearing for respondent No.2-Tripunithura Municipality.

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The petitioner has averred that on 15.3.2018 he had approached the 2^nd respondent-Tripunithura Municipality and sought for street vendor's card, as is discernible from Ext.P1. The petitioner placed reliance on the provisions contained in the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Section 3 of the said Act deals with survey of street vendors and protection from eviction or relocation, Section 4 deals with issue of certificate of vending by the Town Vending Committee concerned, Section 5 deals with conditions for issue of certificate of vending and Section 7 deals with criteria for issuing certificate of vending.

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Section 12 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 provides as follows:-

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“ 12 Rights of street vendor .--(1) Every street vendor shall have the right to carry on the business of street vending activities in accordance with the terms and conditions mentioned in the certificate of vending.

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W.P.(C)No.10065 of 2018

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..3..

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(2) Notwithstanding anything contained in subsection (1), where any area or space, as the case may be, has been earmarked as no-vending zone, no street vendor shall carry out any vending activities in that zone.”

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Section 13 of the Street Vendors (Protection of Livelihood

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and Regulation of Street Vending) Act, 2014 provides as follows:-

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“ 13. Right of street vendor for a new site or area on relocation .-Every street vendor, who possesses a certificate of vending, shall, in case of his relocation under section 18, be entitled for new site or area, as the case may be, for carrying out his vending activities as may be determined by the local authority, in consultation with the Town Vending Committee.”

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It is now submitted by Sri.K.V.Sohan, learned State Attorney appearing for official respondents 1 and 2 on the basis of instructions that a Town Vending Committee has been constituted for the local authorities concerned as per the above said Act. Section 2(c) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 deals with the definition 'local authority' as follows:-

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“(c) "local authority" means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, by whatever name called, or the Cantonment Board, or as the case may be, a, civil area committee appointed under section 47 of the Cantonment Act, 2006 (41 of 2006) or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the “planning authority" which regulates the land use in that city or town.”

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..4..

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W.P.(C)No.10065 of 2018

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Accordingly it is for the petitioner to approach the Town Vending Committee which is functioning within the limits of 2^nd respondent-Tripunithura Municipality for the grant of certificate of vending, in terms of the provisions contained in the above said Act, the Rules and the Schemes framed thereunder and such an application may be preferred by the petitioner before the Town Vending Committee concerned within three weeks from the date notified for receiving a certified copy of this judgment. If such an application is received, the Town Vending Committee of the area concerned will afford a reasonable opportunity of being heard to the petitioner and will take a decision in the matter on the request of the petitioner for grant of certificate for vending. If the Town Vending Committee is of the view that the area in which permission is sought for by the petitioner for street vending, has been earmarked as 'no vending zone' as envisaged in Section 12(2), then the said Authority may consider whether the requisite certificate for vending could be granted to the petitioner in respect of such permissible areas within the limits of the 2^nd respondent-Municipality. Decision in that regard should be taken by the competent authority within six weeks from the date of submission of the application by the petitioner in that regard. Until a decision is taken by the Town Vending Committee on the

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W.P.(C)No.10065 of 2018

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..5..

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above said aspects, the interim ‘status quo’ order granted by this Court on 22.3.2018 will continue to have its efficacy. However it is made clear that in case the petitioner does not prefer the application for the grant of certificate of vending within the above said time limit of three weeks as aforestated, then the benefit of the above direction for maintaining 'status quo' will cease to have its efficacy. If, after rendering of the decision by the Town Vending Committee, the petitioner has any further grievances, it will be open to work out his remedies in accordance with law. It is made clear that all the contentions of the petitioner are left open.

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With these observations and directions this writ petition (civil) will stand finally disposed of.

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Sd/- ALEXANDER THOMAS, JUDGE

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skj

Mustafa V.P. v. District Collector, Ernakulam

Case brief

What is this about?

What did the court decide?

Mustafa V.P. v. District Collector, Ernakulam

Case brief

What is this about?

What did the court decide?

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