Allowed

Thomas Joseph v. the District Collector, Alappuzha

Kerala HC7 Nov 2022WP(C)/26085/2018

Case brief

AI extract

What is this about?

Petitioner sought direction to municipality to act on his representation against vegetable vendors obstructing his shop. Court directed municipality to place matter before the Town Vending Committee under Street Vendors Act, 2014 within two weeks, with a decision within two months.

What did the court decide?

Directed 3rd respondent to place Ext. P3 before Town Vending Committee within two weeks and take decision within two months.

Thomas Joseph Vs the District Collector… — Public Procurement and Tenders | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944

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WP(C) NO. 26085 OF 2018

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PETITIONER:

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THOMAS JOSEPH
AGED 60 YEARS, S/O. JOSEPH,
URUVANJIYIL,KOTTA MURI, ARANMULA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT
BY ADV
SRI.K.V.ANIL KUMAR
SWAPNA VIJAYAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, ALAPPUZHA ALAPPUZHA DISTRICT – 688 001

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2 THE REVENUE DIVISIONAL OFFICER CHENGANNUR TALUK, ALAPPUZHA DITRICT-689 121

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3 THE MUNCIPAL SECRETARY

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CHENGANNUR MUNICIPALITY,ALAPPUZHA DITRICT-689 121

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4 THE EXECUTIVE ENGINEER

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KERALA PUBLIC WORK DEPARTMENT,ALAPPUZHA DITRICT-688 001

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5 THE DEPUTY SUPERINTENDENT OF POLICE

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CHANGANNUR, ALAPPUZHA DITRICT,PIN-689 121

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6 THE CIRCLE INSEPCTOR OF POLICE CHENGANNUR POLICE STATION, ALAPPUZHA DITRICT,PIN-689 121

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7 SUSHEELA OTTATHARA HOUSE, NEAR ALTHARA JUNCTION,CHEGANNUR P.O., CHENGANNUR TALUK,ALAPPUZHA DITRICT-689 121

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8 RATHEESH S/O.SUSHEELA, OTTATHARA HOUSE, NEAR ALTHARA JUNCTION,CHEGANNUR P.O., CHENGANNUR TALUK,ALAPPUZHA DITRICT-689 121

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BY ADVS.
GOVERNMENT PLEADER
Harikrishnan S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C). NO. 26085 OF 2018

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JUDGMENT

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Dated this the 7^th day of November, 2022

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The petitioner is running a Jewellery shop within the limits of

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Chengannur municipality. The grievance of the petitioner is that respondents 7 and 8 are vending vegetables in front of his shop hindering the ingress and egress to the shop room. Raising this grievance, the petitioner has submitted Ext. P3 representation before the 3^rd respondent. The prayer in the writ petition is for a direction to

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the 3^rd respondent to consider Ext. P3 representation and to take a decision thereon expeditiously.

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Though this Court admitted the writ petition on 02.08.2018

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and issued notice to respondents 7 and 8, notices are returned as unserved stating ‘unclaimed’.

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Heard the learned counsel for petitioner and the learned standing counsel for the 3^rd respondent municipality.

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In the nature of the direction and I propose to issue, fresh notice to respondents 7 and 8 is dispensed with.

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The 4^th respondent, Executive Engineer has filed a statement.

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WP(C). NO. 26085 OF 2018

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Since it is submitted by the learned standing counsel for the 3^rd respondent that Ext. P3 is pending consideration before the 3^rd respondent, there will be a direction to the 3^rd respondent to place the same before the Town Vending Committee constituted under section 22 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 within a period of two weeks from the date of a receipt of the copy of this judgment and the Committee shall take a decision thereon within a period of two months thereafter. Needless to say that the said Committee shall hear the petitioner, respondents 7 and 8 and any other person which the committee deems fit to hear in the matter.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN,

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JUDGE

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mtk

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WP(C). NO. 26085 OF 2018

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APPENDIX OF WP(C) 26085/2018

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PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE 3RD RESPONDENT DATED 21.11.2017
EXHIBIT P2THE PHOTOGRAPHS IN FRONT OF THE
PETITIONERS SHOP
EXHIBIT P3A TRUE COPY OF THE REPRESENTATION DATED
12.06.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT

Thomas Joseph v. the District Collector, Alappuzha

Case brief

What is this about?

What did the court decide?

Thomas Joseph v. the District Collector, Alappuzha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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