A.S. Venkatachala Moorthy, J.

The above Original Petitions can be disposed of by a common judgment as the issue involved is one and the same. For the sake of convenience I am adopting the cause title as given in O.P. No. 21352 of 1999.

2. Petitioner is the Vasanth Nagar Allottees' Association (Registered), a society registered under the Travancore Cochin Literary and Scientific Societies Registration Act, 1956. The case of the petitioner is that in implementation of their housing Scheme, under the provisions of the Kerala State Housing Board acquired properties and constructed 210 different types of residential flats at Kaloor in 1990 and they were allotted to various persons who have formed the petitioner association. The further case of the petitioner is that this housing colony is situated opposite to the International Stadium at Kaloor on its northern side while the main entrance is on the northern side of the Highway. About 60 feet from the entrance towards west on the side of the Highway is the main bus stop. This being a high way there is

good flow of traffic. There is foot-path provided on both sides of the road obviously meant only for pedestrians. The grievance of the petitioner is that recently some persons have started selling vegetables, fruits, tender coconuts, etc. by putting up temporary roofs in the entire foot path and in view of this obstruction the school going children are not in a position to use the footpath and they have to walk on the highway meant for vehicular traffic. This poses a serious risk to the public particularly for the school going children and women. Apart from this, these trespassers who are operating in temporary sheds, occupying the foot path without any board indicating the name of the shop or name of the owner are dumping all the wastes and decayed articles into the compound of the Vasanth Nagar Colony which emanates foul smell, etc., with the result the air is pollutted. Apart from this the stray animals like dogs, etc. and the birds gather at the place where the waste are dumped. This has made the life of the allottees miserable. According to the petitioner, they approached the authorities like Assistant Executive Engineer, P. W.D., City Police Commissioner and others., but however the same has not yielded to any result.

3. The respondents are represented by the learned Government Pleader. It is the stand of the respondents that the petitioner in O.P. No. 23 580 of 1999 and others are all persons who recently trespassed and occupied a portion of the foot path as submitted by the petitioner in O.P. No. 21352 of 1999 and admit that they have no licence or any kind of permission whatsoever from any authorities to occupy the foot path and cause any inconvenience to the public at large and the school going children in particular. Petitioner also produced photographs before this Court to give a clear picture about the problem posed. The respondents too admitted the correctness of the same and according to the respondents the photographs reflects the real state of affairs.

4. O.P.No. 23580 of 1999 is filed by a person byname M.K. Siraj. He is one among the occupants of the foot path. In the Original Petition he has stated that he is a petty trader dealing in fruits, vegetables and tender coconuts on the western road margin of the public road opposite to International Stadium at Kaloor and he has been doing this business for the last so many years by putting up temporary stalls. According to him he has been caking his livelihood only by doing this business and that apart the nearby residents are in fact really benefited by his and others running these shops. It is also further contended that the Constitution of India guarantees right to life and livelihood. He also contends that he and others are running business on pavements and they are not causing any nuisance or inconvenience to the public.

5. There is no dispute that some persons including the petitioner in O.P. No. 23580 of 199