Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY,THE26H DAY OF NOVEMBER20135TH AGRAHAYANA, 1935 WP(C).No. 23626 of 2013 (C) ---------------------------- PETITIONER: ------------------ SATHYAN N.V. S/O.VELAYUDHAN, NJANANGATH VEEDU, THALIKKULAM P.O. THALIKKULAM P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE VATANAPPILLY POLICE STATION, VATANAPPILLY THRISSUR DISTRICT, PIN-680614.
2. DEPUTY SUPERINTENDENT OF POLICE IRINJALAKKUDA, THRISSUR DISTRICT, PIN-680125. R1,R2 BY ADV. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2611-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23626 of 2013 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE REPRESENTATION DT.24-9-2013 SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT. EXHIBIT P2 : TRUE COPY OF THE RECEIPT ISSUED BY THE DISTRICT POLICE CHIEF (RURAL) DT.21-9-2013. EXHIBIT P3 : TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER IN JUBILEE HRUDHAYALAYA, THRISSUR DT.9-12-2010. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PA to Judge rmm S.Siri Jagan & K.Ramakrishnan, JJ.
--------------------------------------- W.P.(C)No. 23626 of 2013 ---------------------------------------------- Dated this the 26th day of November, 2013 JUDGMENT
S.Siri Jagan,J.
The petitioner is a fish vendor. According to him , he is eking out his livelihood by selling fish in a foot path in Talikkulam Centre in Chavakkad Taluk, for the last so many years. He contends that there are about 35 sellers who are selling fish in the foot path where the petitioner is doing his business. The petitioner alleges that the 1st respondent is harassing the petitioner and not allowing him to do his business for extraneous reasons. According to the petitioner, on 19-09-2013, the 1st respondent came to the place where the petitioner is doing fish vending and thrashed his electronic weighing machine taking the same away without assigning any reasons. Although the petitioner requested him to return the electronic weighing machine, the 1st respondent refused the same. It is under the above circumstances the petitioner has filed this writ petition W.P.(C)No. 23626 of 2013 :
2. : seeking the following relief:- "Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent and his sub ordinates not to harass the petitioner and interfere in his business in any manner." 2. An affidavit has been filed by the 1st respondent wherein it is stated thus.
3. The petitioner alleges that this respondent harassing the petitioner and not allowing him to do his business on extraneous reasons. He also alleges that actions were initiated only against the petitioner, even though so many fish vendors doing the same business. It is alleged that on 19.09.2013, this respondent came near to the petitioner and thrashed his electronic weighing machine and took away the same without assigning any reasons. Further, it is alleged that even though the petitioner requested this respondent to return back the weighing machine that was not return by the first respondent.
4. The allegation raised by the petitioner is totally false and denied by this respondent. This respondent never took the electronic weighing machine of the petitioner. There are several complaints regarding the fish vendors, who are conducting sale of fish near the bus stop as well as the places, where people gathers. There are complaints from the bus passengers also. Thalikkulam Grama Panchayat has already allotted a place for fish market near the disputed place within the jurisdiction of Vatanappally Police Station. Now, strict actions have been initiated for vending fish in public places. Any complaint regarding the selling of fish in public places without licence are taken seriously due to the reason that serious pollution hazards are occurring in the locality. This respondent never intended to harass the petitioner or any other person. The actions initiated with regard to the pollution issue are not solely against the petitioner, but also against the other vendors.
3. The learned counsel for the petitioner submits that the petitioner is being singled out for hostile discrimination W.P.(C)No. 23626 of 2013 :
3. : insofar as the police is not taking any action against other fish vendors . He submits that he has already approached the Director General of Police for appropriate relief in this matter. We are of opinion that road sides are not the places where fish vending is to be done. Fish vending can be done only at the places earmarked for the same by the local authority. It is the duty of the police and the local authority to see that fish vending is not done in places where the sale is not authorised. With the hope that the police and the local authority would take note of this and take appropriate action against all persons who do unauthorised fish vending not only in Thalikkulam Centre, but elsewhere also, this writ petition is disposed of without prejudice to the right of the petitioner to pursue his representation before the Director General of Pollice. S.Siri Jagan , Judge K.Ramakrishnan, Judge rmm