A municipality must take action against unauthorized street vendors obstructing access to private property.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus directing respondents 1 to 6 shall in unison take appropriate action against encroachment causing obstruction to the petitioner and users of the street andto remove all street vendors carrying out illegal business in front of the petitioner’s shop building bearing TC No. 80/1070 (6) and causing obstruction to the petitioner’s and his customers ingress and egress to the said building bearing TC No. 80/1070 (6) in any mannerwhatsoever within a time limit to be prescribed by this Hon'ble Court.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction of the nature of mandamus to respondents 4 to 6 to see that the street vendors do not re-occupy the street once they are evicted and take appropriate steps to protect the entry of the petitioner and his customers to the petitioner’s building TC No. 80/1070 (6) after removing all obstructions caused by street vendors.

iii. Translation of vernacular documents produced as exhibits in this case may be dispensed with as the same will be produced as and when directed by this Hon'ble Court;

iv. Grant such other relief which are appropriate and incidental and which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (SIC)

2. Petitioner is the absolute owner of a property with a building in Thiruvananthapuram District, obtained through sale deeds is the submission. The petitioner renovated the building to open a vegetarian hotel. The grievance of the petitioner is that because of street vendors on the front side of his building he is not able to do the business. It is also submitted that street vendors are doing business without any permit or licence from the Corporation. Hence this writ petition.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. I also heard the learned Government Pleader.

4. The counsel for the petitioner reiterated the contentions raised in this writ petition. The counsel also takes me through the photographs produced along with the writ petition as evident by Ext.P2. The Standing Counsel for the Corporation submitted that it is a fact that there is some unauthorized street vendors doing business in front of the petitioner's building and the Corporation will take appropriate steps. It is also submitted that notices were issued to them, which are produced as Exts.R3(a) to R3(e) and necessary steps will be taken to evict them in accordance with law. If that is the case, there can be a direction to the Corporation to do the needful based Exts.R3(a) to R3(e) to evict the unauthorized street vendors. If there is any objection, the Corporation can get assistance of respondents 4 to 6 also.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 3^rd respondent is directed to see that the ingress and egress to the petitioner's building is not obstructed and also to do the needful to complete the proceedings issued as evident by Exts.R3(a) to R3(e), as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

2. If there is any obstruction from the side of the unauthorized street vendors, respondents 4 to 6 will give assistance to the 3^rd respondent to do the needful.

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