Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 WP(C) NO. 2600 OF 2022 PETITIONER: DONI GEORGE,AGED 48 YEARS SON OF P.J.GEORGE, RESIDING AT PULICKAL HOUSE, WEST KADUNGALLOOR, MUPPATHADAM (P.O), ALUVA, ERNAKULAM DISTRICT, PIN - 683 110. BY ADVS. SHAJI CHIRAYATH JIJI M. VARKEY G. SAVITHA M.M. SHAJAHAN BHOOMIKA SAJAN RESPONDENTS: 1 ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT, OFFICE OF THE ASSISTANT ENGINEER, PWD ROADS SECTION OFFICE, KALAMASERY, ERNAKULAM DISTRICT, PIN - 682 033. 2 KADUGALLUR GRAMA PANCHAYATH OFFICE OF KADUGALLUR GRAMA PANCHAYATH, ALUVA - EDAYAR ROAD, MUPPATHADAM (P.O), ERNAKULAM DISTRICT, PIN - 683 110, REPRESENTED BY ITS SECRETARY.
SMT. MABLE. C. KURIEN - G.P R2 - SRI. DINESH MATHEW J. MURICKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 2600/2022 2
JUDGMENT
The petitioner, who claims to be a street vendor, has filed this writ petition challenging Ext.P2 notice issued by the 1 st respondent under the Kerala Highway Protection Act, 1999 directing him to give vacant possession of land where he has put up a shop room. The petitioner has also sought for direction to the 2 nd respondent-Panchayat to finalise the rehabilitation of street vendors pursuant to the National Policy on street vendors.
2. At the time of admission, this Court has granted interim stay of Ext.P2.
3. When the writ petition came up for further consideration today, the learned counsel for the petitioner submitted that similar
matters have been disposed of by this Court by common judgment
dated 28.01.2022 in W.P.(C) No.2866 of 2022 and connected cases. The relevant portion of the judgment reads thus:- “7.When I evaluate the afore submissions, it is without doubt that Ext.P2 notice, which is impugned in these cases, has been issued by an Authority who is not the competent one under Section 4 of the ‘Highway Protection Act’. W.P.(C) 2600/2022 3
Obviously, therefore, they can only be construed - as correctly stated by the learned Senior Government Pleader - to be a notice to the petitioners to evict themselves from the property voluntarily, if they are so interested. If they choose not to do so, then certainly, the Executive Engineer will obtain competence to issue appropriate Statutory notices under Section 4 of the ‘Highway Protection Act’, which will then lead to consequent action, subject to the statutory remedies and rights of the petitioners.
8.As matters now stand, the petitioners are only facing Ext.P2 notice, which, as I have already said above, is not Statutory ones under Section 4 of the ‘Highway Protection Act’; and obviously, therefore, I cannot find any cause for concern for them at this stage.
Resultantly, I close these Writ Petitions, recording the submissions of the learned Senior Government Pleader as afore; but leaving liberty to the competent Authority under the ‘Highway Protection Act’ to issue appropriate notices to the petitioners, if it becomes so warranted; however, reserving full liberty to them to contest the same as per law, for which purpose, all their contentions are left open.
It is also made clear that the question whether petitioners are Street Vendors or otherwise has not been spoken about in this judgment; and that it is left to be decided by the appropriate Panchayat, as and when it becomes necessary, consequent to any application or reference being made to them by the petitioners or any other competent Authority.”
W.P.(C) 2600/2022 4 In view of the analogous factual circumstances, this writ petition is also disposed of in the light of the judgment in W.P.(C) No.2866 of 2022 and connected cases. Sd/- MURALI PURUSHOTHAMAN JUDGE W.P.(C) 2600/2022 5 APPENDIX OF WP(C) 2600/2022 PETITIONER'S EXHIBITS:- EXHIBIT P1 COPY OF THE GAZETTE NOTIFICATION OF THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 ACT. EXHIBIT P2 COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT ASKING THE PETITIONER TO HANDOVER VACANT POSSESSION. EXHIBIT P3 COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. spc/