Disposed

Rema Ramesh v. Corporation of Cochin Represented by Its Secretary

Kerala HC28 Oct 2021WP(C)/17073/2021

Case brief

AI extract

What is this about?

The High Court directed the Corporation of Cochin to forward a vendor's application for correcting vending details to the Health Inspector. The Court directed the authority to consider the application after hearing all parties, pass orders within a month, and maintain status quo during pendency to prevent eviction.

What did the court decide?

Direction to respondent to forward application, hear parties, pass orders within one month, and maintain status quo.

Rema Ramesh Vs Corporation of Cochin Represented by… — Writ and Judicial Review | Kerala HC (2021)

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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 SATHISH NINAN

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THURSDAY, THE 28^TH DAY OF OCTOBER 2021 / 6TH KARTHIKA, 1943

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WP(C) NO. 17073 OF 2021

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PETITIONER:

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REMA RAMESH AGED 44 YEARS W/O.RAMESH, RESIDING AT ALUNKAL HOUSE, AZAD ROAD, KALOOR, ERNAKULAM, KOCHI-17.

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BY ADV T.B.MINI

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RESPONDENTS:

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1 CORPORATION OF COCHIN REPRESENTED BY ITS SECRETARY REPRESENTED BY ITS SECRETARY MAIN OFFICE, NEAR BOAT JETTY, ERNAKULAM. PIN-682015. 2 HEALTH INSPECTOR CIRCLE NO.14, CORPORATION OF KOCHI, CIRCLE OFFICE, KADAVANTHRA, KOCHI-682020. 3 SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMEN DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 4 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. ADDL. R5 GIRINAGAR WELFARE ASSOCIATION, SCHOOL ROAD, KADAVANTHRA PO., KOCHI - 682020, REP. BY ITS PRESIDENT BEENA LUKOSE, AGED 62 YEARS, R/A HOUSE NO.100, CANAL ROAD, GIRINAGAR, KADAVANTHRA PO., KOCHI - 682020. [ADDL. R5 IS IMPLEADED AS PER ORDERS OF THIS COURT DATED 28.10.2021 ON IA 2/2021 IN WPC 17073/2021]

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BY ADVS. K.JANARDHANA SHENOY V.MANOJ KUMAR BY SMT.MABLE C. KURIAN, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.17073 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 28^th day of October, 2021

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J U D G M E N T

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The petitioner who is a street vendor, has

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approached this Court apprehending eviction by the Corporation from her present place of business. According to the petitioner, she is a street vendor conducting business near Kadavanthra Junction. Petitioner relies on Ext.P1, the relevant page of the list of street vendors published by the Cochin Corporation to establish her status as a recognised vendor.

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In Ext.P1, the petitioner's name finds a place

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at Serial Number 251. According to the petitioner, there

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is a mistake in Ext.P1 regarding the place of vending

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and the same is sought to be corrected by submitting Ext.P8 application before the second respondent. The

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W. P. (C) No.17073 of 2021 -: 2 :-

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application is pending consideration. In the meantime,

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steps may not be taken to evict the petitioner from her

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place of business, is the request of the petitioner.

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It appears that, steps for eviction of the

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petitioner is on the complaint of the additional 5^th respondent.

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Heard learned counsel for the parties.

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Taking note of the fact that the petitioner's

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name finds a place in Ext.P1 list of vendors and the pendency of Ext.P8 application before the second respondent, I am of the opinion that it would be sufficient if the application is considered by the authority with due notice to the petitioner and the 5^th respondent.

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Accordingly, there will be a direction to the

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second respondent to forward Ext.P8 application to the

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W. P. (C) No.17073 of 2021 -: 3 :-

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first respondent forthwith and the first respondent shall consider and pass orders on Ext.P8 after hearing the petitioner and the additional 5^th respondent.

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Further proceedings shall be in the light of the said order. Let orders be passed within a period of one month. In the meanwhile, status quo shall be maintained.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 17073/2021

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PETITIONER EXHIBITS

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Exhibit	P1	TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF STREET VENDORS PUBLISHED BY THE CORPORATION.
Exhibit	P2	TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY FSSAI
Exhibit	P3	TRUE COPY OF THE CERTIFICATE OF COMPETENCE AS
		FOOD SAFETY SUPERVISOR ISSUED TO THE PETITIONER BY FSSAI
Exhibit	P4	TRUE COPY OF THE NEW ITEM APPEARED IN INDIAN EXPRESS DAILY
Exhibit	P5	TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY
EXT.P6		TRUE COPY OF THE ORDER OF HIGH COURT OF KERALA IN WPC 23835/2021 AND CONNECTED CASES DATED 05.03.2021.
EXT.P7		TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE CORPORATION DATED 18.01.2020 AND THE RECEIPT THEREOF.
EXT.P8		TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE CORPORATION DATED 16.8.21 AND THE RECEIPT THEREOF.
RESPONDE	NT EXHIBITS
Exhibit	R5(A)	TRUE COPY OF THE COMPLAINT DATED 06-08-2021
		T0 THE COUNCIL DIVISION NO.55 COCHIN CORPORATION BY THE ADDITIONAL 5TH RESPONDENT.

Rema Ramesh v. Corporation of Cochin Represented by Its Secretary

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Rema Ramesh v. Corporation of Cochin Represented by Its Secretary

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