IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD APRIL 2007 / 13TH CHAITHRA 1930 WA.No. 444 of 2005() -------------------- AGAINST THE JUDGEMENT IN WPC.27618/2004 Dated 08/11/2004 .................... APPELLANT: ----------- THALASSERY TALUK, FISH DISTRIBUTORS WORKERS UNION, THALASSERY, REPRESENTED BY ITS SECRETARY, M.ABOOBACKER, S/O.MOHAMMED, AGED 60 YEARS, FISH MARKET THALASSERY, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN SMT.P.GOPIKA RESPONDENTS: ------------- 1. KANNUR DISTRICIT MUSSEL DISTRIBUTORS & LABOURERS UNION REPRESENTED BY ITS PRESIDENT, PALAKKAD ALAVI, AGED 45 YEARS, S/O.P.MUHAMMED, RESIDING AT PALAKKAL HOUSE, CHALIL ROAD, P.O.TEMPLE GATE, THALASSERY-2. 2. THE SECRETARY, P.M.KAMARUDHEEN, AGED 39 YEARS, S/O.MUHAMMED, CHANDANAPARAMBIL VEEDU, CHALIL NAYANAR COLONY, P.O.TEMPLE GATE, THALASSERY-2. 3. THE TREASURER P.HAMZA, AGED 39 YEARS, S/O.MOIDEEN, POOKKOT HOUSE, CHALIL ROAD, P.O.TEMPLE GATE, NEAR CHRISTIANPALLY, THALASSERY-2. 4. THALASSERY MUNICIPALITY, REPRESENTED BY TIS SECRETARY, THALASSERY. 5. THE DIRECTOR OF MUNICIPALITIES, W.A.444/2005 THIRUVANANTHAPURAM. 6. THE CIRCLE INSPECTOR OF POLICE, THALASSERY POLICE STATION. 7. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. R2 & 3 BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID R6 & 7 BY SR. GOVERNMENT PLEADER SMT. K.MEERA R4 BY ADV. SRI.K.V.SOHAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S.RADHAKRISHNAN, Ag.C.J. & M.N.KRISHNAN, J. --------------------------------------------------------------------------------- W.A.No.444 OF 2005 -------------------------------------------------------------------------------- Dated this the 3rd day of April, 2007 JUDGMENT K.S.Radhakrishnan, Ag.C.J. This appeal is preferred by a third party aggrieved by the latter part of the direction that the petitioners in W.P.(C) No.27618/2004 shall not be harassed in case they are conducting the vending in a proper and hygienic manner without causing any nuisance to the public. The learned counsel appearing for the appellant submits that the said direction is contrary to Ext.P7 judgment wherein this court has directed implementation of Ext.P1 notification dt. 25.11.1990. In the counter affidavit filed by the 4th respondent Municipality it is stated that after the impugned judgment about 21 Mussel vendors are conducting sale outside the market and beside the road and that their applications cannot be entertained at this stage for want of space and the Municipality has not so far taken a decision due to these circumstances. It is also submitted by the standing counsel for the municipality that the municipality will take steps to provide more space by constructing additional area and those persons can be accommodated on seniority basis when space is available and that the W.A.444/2005 2 direction is given without taking note of Ext.P7 judgment. We make it clear that the impugned judgment will not confer any right on the petitioners to conduct vending unless it is permitted by the municipality. With the above observation writ appeal is disposed of. K.S.RADHAKRISHNAN, (Ag.CHIEF JUSTICE) M.N.KRISHNAN, (JUDGE) mt/-