Daisy K.V v. Corporaiton of Cochin Represented by the Commissioner
Case brief
What is this about?
A visually disabled woman petitioned the High Court to make an interim eviction order absolute, relying on the Street Vendors Act, 2014. The Court held that existing vendors cannot be removed unless a scheme is prepared and they are rehabilitated.
What did the court decide?
The interim order against eviction was made absolute, subject to the Corporation's preparation of a list and scheme for rehabilitation.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
WP(C).No.16865 OF 2013(G)
PETITIONER
DAISY K.V AGED 46 YEARS W/O T.V. SUDHAKARAN, NO 19 MYTHRI NAGAR, EDAPPALLY, COCHIN 24
BY ADVS. SRI.P.U.SHAILAJAN SRI.KISHOR B. SRI.TOMS MATHEW
RESPONDENT
CORPORAITON OF COCHIN, REPRESENTED BY THE COMMISSIONER COCHIN CORPORATION, COCHIN - 682011
R1 by SRI.R.HARISHANKAR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2603-2021, THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether an interim order against eviction of a street vendor bunk shop can be made absolute under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Whether the Corporation is duty bound to prepare a list and provide benefits under the Act before removing a pre-existing vendor.
Whether a visually disabled street vendor with a confirmed bunk shop can be removed without a comprehensive scheme and rehabilitation.
Parties & counsel
- petitioner
Daisy K.V
- respondent
Corporation of Cochin
Coram
Shaji P. Chaly
Case details
As recorded by the court registry
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