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2022 Supreme(Online)(KER) 34768
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 8TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 WP(C) NO. 18941 OF 2022 PETITIONERS:
1 V.A.JOSE AGED 49 YEARS S/O ANTONY, VEMBIL HOUSE, PALAKKAL, PALLISSERRY P.O., THRISSUR-680027.
2 AMRITHA K A, AGED 27 YEARS D/O ANAND, KUTTAMUGHAM, TIPPU NAGAR, VADANAPPALLY, THRISSUR-680614.
BY ADV PRAVEEN K. JOY(P-337)
RESPONDENTS:
1 THE DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, CIVIL LANES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.
2 THE TAHSILDAR, THRISSUR TALUK OFFICE. TOWN HALL, PALACE ROAD, OPP. THRISSUR CHEMBUKKAV, THRISSUR-680020
3 THRISSUR CORPORATION, THRISSUR MUNICIPAL CORPORATION OFFICE, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR-680001.
G.P. SRI. JIMY GEORGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MURALI PURUSHOTHAMAN, J.
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W.P.(C) No. 18941 of 2022 -------------------------------------------------
Dated this the 8th day of August, 2022
JUDGMENT
The petitioners are street vendors. They say that they are engaged in street vending for the last several years and the income derived from such street vending is the only source of livelihood for them and their family. It is also stated that their names are included in the Ext.P1 Urban Street Vendor Committee Election List. The petitioners have approached this Court stating that the respondents have initiated proceedings to evict them from the bunks where they are carrying on business. Though they submitted Ext.P7 representation before the 1st respondent District Collector for necessary permission to continue their small business, in the bunks, the same is not considered by the 1st respondent.
2. This Court by order dated 10.6.2022 passed an interim order directing the respondents not to initiate coercive steps against the petitioners.
3. When the writ petition came up for consideration today, it is submitted by the counsel on both sides that Ext.P7 representation is pending before the first respondent and direction can be issued to 1st respondent to consider Ext.P7 after hearing the petitioners and the 3rd respondent Corporation.
4. Accordingly, in the facts and circumstances of the case and having regard to the submissions made at the Bar, there will be a direction to the 1st respondent to consider Ext.P7 representation after hearing the petitioners and the 3rd respondent within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed and communicated to the petitioners, the interim order granted by this Court will continue.
The writ petition is disposed of with the above direction. Sd/-
MURALI PURUSHOTHAMAN JUDGE
APPENDIX OF WP(C) 18941/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY RELEVANT PAGES OF VOTERS LIST PUBLISHED BY 3RD RESPONDENT FOR THE URBAN STREET VENDER COMMITTEE ELECTION.
Exhibit P2 THE TRUE COPY OF THE COMMON LOAN APPLICATION FORM FOR PM STREET VENDERS ATMANIRBHAR NIDHI (PM SVA NIDHI)
SUBMITTED BY THE PETITIONER DATED
24.07.2020.
Exhibit P3 THE TRUE COPY OF THE STATEMENT OF ACCOUNT WITH A/C NO 40584467584 OF STATE BANK OF INDIA, OLLUKKARA BRANCH FROM 17.11.2021 TO 24.05.2022.
Exhibit P4 THE TRUE COPY OF THE NOC ISSUED BY THE STATE BANK OF INDIA, OLLUKKARA DATED
24.05.2022.
Exhibit P5 THE TRUE COPY OF THE MEMBERSHIP CARD ISSUED BY THE STATE VAZHY VANIBHA SABHA.
Exhibit P6 THE TRUE COPY OF THE PERFORMA FOR MEDICAL FITNESS CERTIFICATE FOR FOOD HANDLE ISSUED BY A CERTIFIED DOCTOR.
Exhibit P7 THE TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 20.05.2022.
