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HIGH COURT OF KERALA
SHAJI P.CHALY, J
NAVAS – Appellant
Versus
THE TAHSILDAR (LR) – Respondent
WP(C)/27543/2020
Protection - Street Vendors - Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - The court affirmed the protections granted to the petitioner under the street vending license and the substantive rights under this act, leading to the petition's disposal.
Fact of the Case:
The petitioner sought reliefs against eviction from his bunk shop at Centenary Park, claiming entitlement under the Street Vendors Act, which protects street vendors' livelihoods.
Finding of the Court:
The court noted the presence of a valid street vending license for the petitioner, suggesting no further adjudication was needed as the eviction was found not justified.
Issues: Whether the petitioner was entitled to protection under the Street Vendors Act considering the existing street vending license.
Ratio Decidendi: The presence of a valid street vendor license indicates the petitioner’s protected rights under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Final Decision: The writ petition is disposed of affirming the validity of the street vending license.
JUDGMENT
Dated this the 16th day of September, 2022 This writ petition is filed by the petitioner seeking the following reliefs:
(1) Call for the records connected with the case;
(2) Issue a writ of mandamus or other appropriate writ or order directing the Respondents 1 to 5 not to evict the writ petitioner by dismantling the bunk shop at the centenary park Thalassery Ward No.4, Block No.5, TS 76;
(3) Issue a writ of mandamus or other appropriate writ or order directing the Respondents 1 to 5 to rehabitate the writ petitioner, the street vender in an appropriate place;
(4) Grant such other reliefs as this Hon'ble court may deem, fit and proper in the circumstances of the case.
2. The subject issue arises under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending), Act 2014. According to the petitioner, petitioner is entitled to get protection under the provisions of the Act, 2014.
3. When the writ petition was admitted to the files of this Court, an interin order was granted staying removal of the petitioner from where he was conductin the trade. Anyhow, a detailed deliberation and adjudication of the matter is no required since learned standing counsel for Thalassery Municipality Mr.I.V.Pramod, submitted that already a street vending licence is granted to the petitioner.
In that view of the matter, the writ petition is disposed of recording the above aspect.
Sd/-
SHAJI P.CHALY smv JUDGE APPENDIX OF WP(C) 27543/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED ON
10.07.2020 BY THE COMMISSIONERATE OF FOOD SAFETY THE GOVERNMENT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE ANALYSIS REPORT OF WATER SAMPLE NO.2007102454 DATED NIL.
EXHIBIT P3 THE TRUE COPY OF THE LETTER OF RECOMMENDATION DATED 09.10.2020.
EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION DATED
24.08.2020 ISSUED BY THE OFFICE OF SUB COLLECTOR, THALASSERY. RESPONDENT'S ANNEXURES ANNEXURE R1(a) A TRUE COPY OF THE NOTICE DATED 21.12.15 ANNEXURE R1(b) A TRUE COPY OF THE A FORM REPORT ANNEXURE R1(c) A TRUE COPY OF THE B FORM REPORT DATED
23.07.2016 ANNEXURE R1(d) A TRUE COPY OF THE B FORM REPORT DATED
10.8.2016 ANNEXURE R1(e) A TRUE COPY OF THE REPORT SUBMITTED BY THE SECRETARY, THALASSERY MUNICIPALITY BEFORE THE SUB COLLECTOR, THALASSERY.
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