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2019 Supreme(Online)(KER) 58809

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
ASHTAMAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.B.MOHANLAL, SRI.K.SIJU, SC, SRI.BIMAL K NATH, SENIOR GOVT. PLEADER

JUDGMENT

Dated this the 30th day of October 2019 This writ petition is filed as though the petitioner is entitled to the benefit of rehabilitation scheme under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The petitioner is conducting a petty tea shop within the West Kallada Grama Panchayath. According to him, he is conducting the tea shop for the last more than 30 years. Measures were taken to evict the petitioner. This is how the petitioner approached this Court.

2. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is an enactment to protect the street vendors who are vending in urban areas. Section 2(c) of the Act defines 'local authority' as Municipal Corporation or a Municipal Council or a Nagar Panchayat or Cantonment Board or such other body entitled to function as a local authority in any city or town to provide civic services. Under Article 243Q(1)(a) of the Constitution of India, 'Nagar Panchayat' is referred as an area in transition from a rural area to an urban area. Under Section 4(1) of the Kerala Municipalities Act, 1994, the Government shall, by notification in the Gazette, constitute a

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