Andrews vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2021

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Citation: sooperkanoon.com/1635682
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: Jun 30, 2021
Case Number: WP(C)/10578/2021

Parties & Advocates

Appellant / Petitioner

Andrews

Respondent

State of Kerala

Excerpt

.....admission on 30.06.2021, the court on the same day delivered the following:judgmentpetitioners who claimed to be street vendors, have been evicted from the street where they were vending and have filed ext.p3 representation before the panchayath secretary. they are relying on the earlier decision of the grama panchayath to locate them in another area. the grievance of the petitioners is that, the above application is still pending without consideration.2. opposing the application, learned standing counsel for thepanchayath submitted that the street vendors act is not applicable to the munnar panchayath, which has been reiterated by this court in few decisions. it was further contended by the learned standing counsel that, panchayath does not own any land and though various attempts were made to relocate the petitioner, it was vehemently opposed by kannan devan hills company which owns most of the land in munnar area.3. after hearing both sides, i am inclined to dispose of the writpetition itself by directing the 4 th respondent to dispose of ext.p3 application as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment, after giving reasonable opportunity to the authorized representatives of the petitioners to be heard. writ petition is disposed of as above. sd/- sunil thomas judge sbna/- appendix of wp(c) 10578/2021 petitioner annexure exhibit p1 a true copy of the judgment dated 21/8/2018 of this hon'ble court in wpc 25116/2018. exhibit p2 a true copy of the minutes of the munnar grama panchayath dated 8/11/2010. exhibit p3 a true copy of the representation dated the 4th respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, 1943 WP(C) NO. 10578 OF 2021 PETITIONERS: 1 ANDREWS, AGED 62 YEARS S/O.M.J.ARPUTHAM, ALAKKAL HOUSE, SIX ROOM LANE, NALLATANNI ROAD, MUNNAR P.O., IDUKKI - 685 612. 2 S.ABDUL RAHIM, AGED 54 YEARS S/O.SULAIMAN, LAKSHAM VEEDU COLONY, MUNNAR P.O., IDUKKI - 685 612. 3 N.KANNAN, AGED 52 YEARS S/O.NADESAN, MUNNAR TOWN, MUNNAR P.O., IDUKKI - 685 612. 4 J.SYED IBRAHIM, AGED 48 YEARS S/O.JAMAL MUHAMMED, NEW COLONY, MUNNAR P.O., IDUKKI - 685 612.
5 ANTHONIAMMAL A., AGED 73 YEARS W/O.LATE BASTINE, 3250, ANTHONIAR COLONY, NALLATHANI, KANNAN DEVAN HILLS, MUNNAR P.O., IDUKKI - 685 612. 6 N.G.NOOR MUHAMMED, AGED 48 YEARS S/O.CHELLAPPA RAWTHER, NEW COLONY, MUNNAR P.O., IDUKKI - 685 612. 7 JOHN, AGED 35 YEARS S/O.MOSES, LAKSHAM VEED COLONY, MUNNAR, MUNNAR P.O., IDUKKI - 685 612. BY ADV T.U.SUJITH KUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.
2 THE DISTRICT COLLECTOR IDUKKI DISTRICT - 685 603. 3 THE REVENUE DIVISIONAL OFFICER DEVIKULAM, IDUKKI DISTRICT - 685 613. 4 MUNNAR GRAMA PANCHAYATH MUNNAR P.O., IDUKKI DISTRICT - 685 612 REPRESENTED BY ITS SECRETARY. OTHER PRESENT: SC,SRI.ARUN THOMAS,SR.GP BIMAL K NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioners who claimed to be street vendors, have been evicted from the street where they were vending and have filed Ext.P3 representation before the Panchayath Secretary. They are relying on the earlier decision of the Grama Panchayath to locate them in another area. The grievance of the petitioners is that, the above application is still pending without consideration.

2. Opposing the application, learned Standing Counsel for the

panchayath submitted that the Street Vendors Act is not applicable to the Munnar Panchayath, which has been reiterated by this Court in few decisions. It was further contended by the learned Standing Counsel that, panchayath does not own any land and though various attempts were made to relocate the petitioner, it was vehemently opposed by Kannan Devan Hills Company which owns most of the land in Munnar area.

3. After hearing both sides, I am inclined to dispose of the Writ

Petition itself by directing the 4 th respondent to dispose of Ext.P3 application as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment, after giving reasonable opportunity to the authorized representatives of the petitioners to be heard. Writ Petition is disposed of as above. Sd/- SUNIL THOMAS JUDGE Sbna/- APPENDIX OF WP(C) 10578/2021 PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 21/8/2018 OF THIS HON'BLE COURT IN WPC 25116/2018. EXHIBIT P2 A TRUE COPY OF THE MINUTES OF THE MUNNAR GRAMA PANCHAYATH DATED 8/11/2010. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED THE 4TH RESPONDENT.

Same Court & Year Kerala · 2021 Same Parties Andrews vs State of Kerala Same Judge Honourable Mr. Justice Sunil Thomas