The court emphasized the procedural requirement of inspection before eviction to ensure compliance with legal standards for street vendors.

JUDGMENT

The above writ petition is filed with the following prayers :

a. “Issue a writ of mandamus or any other writ, order or direction, directing the respondent not to act upon Exhibit P5 and to withdraw Exhibit P5.

b. Issue a writ of certiorari or any other writ, or pass order to set aside Exhibit-P5 notice dated 02.12.2023 issued by the respondent c. Be further pleased to issue such other writ or order or direction as may deem fit and proper in the circumstances of the case.

d. Petitioner also prays that this Hon’ble court may be pleased to dispense with the English Translation of the documents produced in the Vernacular language .” [sic]

2. The petitioner is a street vendor carrying out a tea shop at SRM Road, Kochi. According to the petitioner, she is carrying out this business for the last 20 years. The respondent issued a notice stating that a complaint had been received by them that the petitioner had put up her shop encroaching the public road. The respondent authorities visited the shop and measured and found that there was an extension made by the petitioner adjacent to her shop. The respondent issued notice to the petitioner to remove the additional extension. It is the case of the petitioner that the petitioner removed the said portion as per the direction of the respondent. Thereafter, Ext.P5 eviction notice is issued is the contention. Hence, this writ petition.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and the Standing Counsel appearing for the Corporation.

4. The counsel for the petitioner reiterated the contention raised in this writ petition. The counsel submitted that the petitioner is only a poor street vendor and she may not be evicted from the premises. The Standing Counsel appearing for the Corporation submitted that in Ext.P4, the petitioner agreed that he will demolish the unauthorised extension. The counsel for the petitioner submitted that the same is already demolished. If that is the case, the Corporation authority can inspect the premises and find out whether there is any unauthorised construction with notice to the petitioner. Thereafter, the Corporation can pass appropriate orders in accordance with law.

Therefore, this writ petition is disposed of with the following directions :

1) The competent authority among the respondents will inspect the premises and find out whether the unathorised construction is removed. If it is removed, the respondents will pass appropriate orders in accordance with law, with notice to the petitioner. Till then, no coercive steps shall be initiated against the petitioner.

sd/-