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2020 Supreme(Ker) 345

S.MANIKUMAR, SHAJI P.CHALY
K. G. Purushothaman, S/o Govindan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. Paul K. Varghese, Sri. K.P.S. Jalaluddeen Mohmmed
For the Respondent: Sr. Gp Surin George IPE For Sri. C.V. Manuvilsan, Sc

JUDGMENT :

S. Manikumar, J.

Being aggrieved by the judgment dated 11.12.2019 in W.P. (C)No.30010 of 2019, instant writ appeal is filed. Short facts leading to the writ petition are as hereunder:

The petitioner/appellant is conducting a small textile shop by name “Pavithra Garments” near to Tripunithura Sree Poornathrayeesha Temple for the last few years. Tripunithura area is a thickly populated one and one of the busiest city in Ernakulam District. The peculiar feature of Tripunithura, especially town area, is that the public roads therein are very narrow one, resulting in heavy crowd and has no capacity to accommodate the vehicles and the people coming there. The town area in Tripunithura is owned by the Public Works Department. The Public Works Department has provided small footpath on either side of the road for the use of the pedestrians. It is learnt by the petitioner that the respondent Municipality is intending to give the public roads, footpaths, etc. for rent for doing street vending business. If any of the public roads and footpaths in the area are given on rent, the traffic block in that area will be unpredictable and the pedestrian has no other means even to walk. If the p

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