Allowed

Abbas K.S. v. State of Kerala

Kerala HC17 Jun 2022WP(C)/27630/2016

Case brief

AI extract

What is this about?

The Kerala High Court closed a writ petition challenging street vending eviction. Noting the petitioner received an identity card from the Municipality permitting vending, the Court held the cause of action ceased, allowing the petitioner to have the matter decided against him, with liberty to challenge if threats arose later.

What did the court decide?

The writ petition is closed. The petitioner is granted liberty to challenge in case a perceptible threat arises after the issuance of the identity card.

Abbas K.S. Vs State of Kerala — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

¶5

WP(C) NO. 27630 OF 2016

¶6

PETITIONER:

¶7

ABBAS K.S.,
AGED 41 YEARS, S/O. SHAHUL HAMEED, PUTHUVELIL,
MALOORKKAVU, THRIKKODITHANAM, CHANGANASSERY.

¶8

BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA

¶9

RESPONDENTS:

¶10

1STATE OF KERALA
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM-695001.

¶11

2 CHANGANASSERY MUNICIPALITY, REPRESENTED BY SECRETARY, CHANGANASSERY P.O., KOTTAYAM-686101.

¶12

3 SECRETARY, CHANGANASSERY MUNICIPALITY, CHANGANASSERY P.O., KOTTAYAM-686101.

¶13

4 DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-686001.

¶14

BY ADV SRI.M.P.ASHOK KUMAR

¶15

 SMT RASHMI K.M., SR. GP.

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C) NO. 27630 OF 2016

¶18

-2-

¶19

JUDGMENT

¶20

Petitioner has approached this Court with the

¶21

following prayers:

¶22

“i) To declare that the petitioner is not liable to be evicted from their present place of street vending.

¶23

ii) To issue a writ of mandamus directing the respondents to refrain from evicting the petitioner from his present place of street vending.

¶24

iii) To issue such other orders, directions or writs as may be prayed for and that this Hon’ble Court may deem fit on the facts and circumstances of the case.”

¶25

This Court while admitting the writ petition

¶26

passed the following order granting the status quo.

¶27

“Admit.

¶28

Issue notice to the respondents.

¶29

Status quo as on today shall be maintained as regards the vending activities of the petitioner.”

¶30

Learned counsel appearing on behalf of the

¶31

WP(C) NO. 27630 OF 2016

¶32

-3-

¶33

petitioner submitted that during the pendancy of the writ petition, petitioner has been issued an identity card dated 31.12.2021 by the Changanassery Municipality to continue the vending. Once the identity card has been issued the petitioner has been granted the permission to carry on the business.

¶34

Thus the cause of action at the earlier point of time no longer exists in view of the subsequent event. Writ petition stands closed with liberty to challenge in case any perceptible threat, after the issuance of the identity card, arises.

¶35

Sd/-

¶36

AMIT RAWAL JUDGE

¶37

vv

¶38

WP(C) NO. 27630 OF 2016

¶39

-4-

¶40

APPENDIX OF WP(C) 27630/2016

¶41

PETITIONER EXHIBITS

¶42

EXHIBIT P1TRUE COPY OF G.O.(P)NO.
2818/2015/LSGD DATED 15-9-2015.
EXHIBIT P2TRUE COPY OF THE CENTRAL ACT NO.7 OF
2014.
EXHIBIT P3TRUE COPY OF THE RECEIPT OF THE FINE
DATED 10-08-2016.
EXHIBIT P4TRUE COPY OF THE INTERIM ORDER DATED
26-07-2016 IN WPC 24748/2016.

Abbas K.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abbas K.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr.K.Mohanakumar Vs Dr.Meera.v

Aiswarya v. Vs Dr.E.K.Satheesan

Mathews K.D. Vs the Catholic Syrian Bank Ltd.

Konstontayyan @ Baiju Vs State of Kerala

Bharat Petroleum Corporation Ltd. Vs P.N.Surendran Nair

Siddique Akbar Vs State of Kerala