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2023 Supreme(Online)(KER) 3831

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, Murali Purushothaman, J
KOTTAYAM MUNICIPALITY – Appellant
Versus
THE CHAIRPERSON – Respondent


Advocates:
SRI. S.RANJIT – SC, KOTTAYAM MUNICIPALITY, SRI. AJIT JOY, SC, KOTTAYAM MUNICIPALITY, SRI. SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY, SRI. N. RAGHURAJ, M.S.AMAL DHARSAN, SRI.K.ANAND (SR.), KALEESWARAM RAJ, KUM.A.ARUNA, THUSHARA JAMES - SR. GP

JUDGMENT

Dated this the 30th day of January, 2023 MURALI PURUSHOTHAMAN, J.

A Local Self Government Institution and its Secretary have approached this Court challenging Ext.P7 order of the Kerala State Human Rights Commission (hereinafter referred to as, 'Human Rights Commission') directing payment of compensation of Rs.50,000/- to the 3rd respondent, a street vendor for summarily evicting him and taking away the articles kept for sale.

2. The 3rd respondent, who claims to be a vendor of clothes and garments on the side of Modern Hotel, off the pavement at K.K. road, Kottayam since 08.07.1984, approached the Human Rights Commission by Ext. P4 complaint alleging that, on 14.05.2015, at around 12.15 P.M, a sanitation worker from the Municipality asked him to remove a waste kit placed near his vending place and when told that he has not kept the waste kit there, the worker abused him and later, when he left the vending place to buy medicine, about 15 employees of the Municipality came in a garbage collection vehicle and took away all the clothes kept by him for sale. He contended that his source of livelihood has been affected and he is not in a position to repay the loans and he sustain

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