Unaddressed grievances against street vendors' encroachments leading to business obstruction necessitate prompt municipal action.

JUDGMENT

The petitioner is a registered commercial establishment carrying on textile business within the limits of the Thiruvananthapuram Corporation. The petitioner states that the footpath and the immediate road frontage of the petitioner’s shop, which are meant for pedestrian use and access to commercial establishments, have been encroached upon by several street vendors erecting temporary and semi-permanent structures thereby completely obstructing ingress and egress to the petitioner’s shop. It is stated that the said illegal occupation has resulted in severe inconvenience to pedestrians as also the petitioner’s customers, thereby adversely affecting the petitioner’s right to carry on trade and business.

2. Raising grievance, the petitioner submitted Ext.P1 complaint before the Secretary of the Corporation. The Kerala Vyapari Vyavasayi Ekopana Samithi, East Fort Unit also submitted complaints in this regard before the Corporation. However, no steps are taken by the respondents to remove the encroachments and unauthorised street vending. The petitioner submits that the inaction of the respondent authorities is contrary to the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act , 2014, and the Kerala Municipality Act . Accordingly, this writ petition is filed for the following reliefs:-

“A] A writ of mandamus or any other appropriate writ, direction or order commanding the respondents to remove the illegal encroachments and unauthorized street vending activities obstructing the footpath and frontage of the petitioner’s shop premises forthwith.

B] A writ of mandamus or any other appropriate writ, direction or order commanding the 2^nd respondent to consider and dispose of the Exhibit-P1 complaint submitted by the petitioner after according a chance of hearing to the petitioner, within a time frame to be fixed by this Hon’ble Court.”

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation.

4. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2^nd respondent to consider Ext.P1 complaint submitted by the petitioner, in accordance with law, after affording an opportunity of hearing to the petitioner and the persons named in Ext.P1, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of.