IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 29464 of 2003(G) -------------------------- PETITIONER(S): --------------- 1. KERALA STEET VENDERS FORUM, REPRESENTED BY ITS PRESIDENT M.K.CHANDRAN, S/O. KRISHNAN, AGED 63 YEARS, MUNDOPURAM HOUSE, P.O.VADUKKARA, THRISSUR. 2. SHAJI T.T. S/O. THOMAS, THANADAN HOUSE, AMBAZHAKKAD (P.O.) PALAYAMPARAMBU, THRISSUR DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF URBAN DEVELOPMENT AND POVERTY ALLEVIATION DEPARTMENT OF URBAN EMPLOYMENT AND POVERTY ALLEVIATION. NIRMAN BHAVAN, NEW DELHI-110 011. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R4 SRI.LELLULAL T.G.THUNDATHIL FOR R4 SRI.K.A.SREEJITH FOR R4 SRI.C.S.ABDUL SAMMAD, ADDL.CGSC FOR R1 SRI.ABRAHAM THOMAS, CGC FOR R1 R2 AND R3 BY G.P. SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE DRAFT NATIONAL POLICY FOR STREE VENDORS ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DATED 8.10.2001 TO ALL THE CHIEF SECRETARIES OF ALL STATES. EXT.P3 TRUE COPY OF THE MINUTES OF THE FIRST MEETING OF THE DRAFTING COMMITTEE OF THE NATIONAL POLICY FOR STREET VENDORS HELD ON 17.4.2002 EXT.P4 TRUE COPY OF THE MINUTES OF THE 2ND MEETING OF THE DRAFTING COMMITTEE OF THE NATIONAL POLICY FOR STREET VENDORS HELD ON 4.5.2002 EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER ORGNISATION BEFORE THE THIRD RESPONDENT DATED 10.4.2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 29464 OF 2003 -------------------------------------------- Dated this the 4th day of August, 2009 JUDGMENT Petitioner has approached this Court when his wheeled bunk was seized by the police on the round that petitioner's business on the road side in the mobile cart caused traffic obstruction. This Court under interim orders directed release of the cart with direction to the petitioner not to use the same in any road within the municipal area. Counsel for the petitioner pointed out that there is specific order by the Central Government vide Ext.P2 against eviction of street vendors/hawkers pending finalisation of policy by the Central Government in consultation with the State Government. Standing counsel for the Central Government submitted that national policy on street vendors is in the draft form and is yet to be finalised. Government Pleader submitted that State Government does not stand in the way of street vendors carrying on business and wherever obstruction is caused police is bound to remove the same for easy flow of traffic. In the circumstances, WPC is disposed of leaving freedom to the petitioner to carry on business without causing any 2 obstruction whatsoever to traffic and subject to Traffic Rules and Regulations prescribed by the police and other Authorities. (C.N. RAMACHANDRAN NAIR) Judge kk 3