IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 6126 of 2011(M) ---------------------------------- PETITIONERS: ------------------- 1. K.ALI, S/O. MUHAMMED, KOLADATH HOUSE, CHALIL, THALASSERY, KANNUR. 2. P.V.SAJEEDH, S/O.P.V.ALI, PRESSVALAPPIL HOUSE, THALAI, MAKKUTTOOR, THALASSERY. 3. P.M.KAMARUDEEN, S/O.MUHAMMED, CHANDANAPARAMBIL VEEDU, CHALIL, THALASSERY. 4. P.K.ASHARAFF, S/O. IBRAHIM, PANDARAKKALATHIL HOUSE, CHIRAKKUNI, THALASSERY 5. P.V.FAIZAL, S/O.MUHAMMED, PRESSVALAPPIL HOUSE, MAKKOOTTAM, THALASSERY. 6. C.K.MANAFH, S/O.ABDU RAHIMAN,KISRIYA MANZIL, CHALIL THALASERY. 7. T.M.ERSHAD, S/O.KHADER,T.M.HOUSE, CHALIL, THALASSERY. 8. P.M.HAMSA, S/O. MOIDEEN, POOKKOTTA HOUSE, CHALIL, THALASSERY. 9. K.V.NAZAR, S/O.SHAMSUDEEN, KALATHIL PONNAMBATH HOUSE, PAARAL, THALASSERY. 10. V.P.NISSAR,S/O.MUHAMMED, VADAYAN PAYIL HOUSE, CHALIL, THALASSERY. 11. C.P.THAJUDEEN, S/O. MUHAMMED, CHANDANAPARAMBIL HOUSE, CHALIL, THALASSERY. 12. C.K.AKBAR, S/O.ABDUL RAHIM, MISRIYA MANZIL, CHALIL, THALASSERY. 13. K.P.RIYAZ, KOOVVERY PAIKKATTU HOUSE, KUNNUMMAKKANDY, CHOKLOI P.O., POOKKOM, THALASSERY. BY ADV. SRI.D.SREEKUMAR -2- WPC.6126/2011 RESPONDENTS: ----------------------- 1. THALASSERY MUNICIPALITY, REPRESENTED BY ITS SECRTARY, THALASSERY, KANNUR DISTRICT 670101. 2. THE DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM -1. 3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRTARIAT , 1 THIRUVANANTHAPURAM 4. KANNUR DISTRICT MUSSEL DISTRIBUTION & LABOUR UNION, THALASSERY, REPRESENTED BY ITS PRESIDENT-670101. ADDL. 5. THALASSERY TALUK FISH DISTRIBUTORS LLWORKERS UNION, THALASSERY FISH MARKET, THALASSERY MUNICIPALITY, REPRESENTED LBY ITS SECRETARY SAHIR PALAKKAL, S/O.MOIDU, AGED 45 YEARS, FISH MERCHANT, RESIDING AT CHALIL, TEMPLEGATE P.O., THALASSERY, KANNUR DISTRICT. (ADDITIONAL R5 IS IMPLEADED AS PER ORDER DT. 19/7/2011 IN IA.NO.11016/2011) ADV. SRI.I.V.PRAMOD FOR R1 BY GOVERNMENT PLEADER SRI BIJU MEENATTOOR FOR R2&3 ADV. SRI.K.K.JAYARAJ NAMBIAR FOR R4 ADV. SRI.R.SURENDRAN FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC,6226./2011 APPENDIX PETITIONERS' EXTS: EXT.P1 A TRUE COPY OF THE LETTERHEAD AND BYE-LAW OF THE KANNUR DISTRICT MUSSELS DISTRIBUTORS AND LABOURERS UNION. EXT.P2 TRUE COPY OF THE LETTER EXT.P3 TUE COPY OF THE JUDGMENT IN WP(C).NO.27618/2004 DTD. 8/11/2004. EXT.P4 TRUE COPY OF THE REPRESENTATION. EXT.P5 TRUE COPY OF THE RESOLUTION OF THE MINUTES OF ALL PARTY CONFERENCE CONVENED BY MUNICIPALITY. EXT.P6 TRUE COPY OF THE STTEMENT OF FACTS FURNISHED BY THE IST RESPONDENT MUNICIPALITY FO THE PRESENT CASE. EXT.P7 TRUE COPY OF THE REPLY OBTAINED UNDER RIGHT TO INORMATION ACT FROM THE IST RESPONDENT. EXT,P8 TRUE COPY OF THE LREPLY OBTAINED UNDER RIGHT TO INORMATION ACT FROM THE IST RESPONDENT. EXT.P9 TRUE COPY OF CRL.M.C.NO.7311/2011 PETITION FILEDL BEFORE THEL SUB DIVISIONAL MAGISTRATE, THALASSERY. RESPONDENTS' EXTS; EXT.R4(a) TRUE COPY OF THE PHOTOGRAPHS SHOWING THE THALASSERY MUNICIPAL FISH MARKET. EXT.R4b) TRUE COPY OF THE PETITION FILED UNDER SECTION 143 OF THE CR.P.C. BY THE SECRETARY, MUSSEL DISTRIBUTORS AND LABOUR UNION, BEFOE THE SUB DIVISIONAL MAGISTRATE, THALASSERY. EXT.R5(a) TRUE COPY OF JUDGMENT DTD. 16/12/2002 IN OP.NO.30887/2001 OF HIGH COURT OF KERALA. EXT.R5(b) TRUE COPY OF JUDGMENT DTD. ¾/2007 IN W.A.NO.444/2005 OF HIGH COURT OF KERALA. True Copy P.S. TO JUDGE kcv HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 6126 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF OCTOBER, 2011 JUDGMENT Petitioners 13 in number are mussel vendors of Thalassery Fish Market. They are also members of the Kannur District Mussels Distributors and Labourers Union, Thalassery, the 4th respondent herein). It is stated in the writ petition that the petitioners are doing the business of mussel vending for the past several decades and that their families are solely depending on the income earned from the said business. It is also stated that there are altogether 25 members in the 4th respondent-Union. 2. This writ petition is filed for a direction commanding the respondents not to forcefully prevent the petitioners from vending mussels in the Municipal Fish Market area till a final decision is taken as directed in Ext.P3 judgment, for a declaration that the petitioners are entitled to carry on mussels vending in the Fish Market area and for a direction commanding the respondents -2- W.P.(C).No.6126/2011 to grant licence/permission to the petitioners to vend mussels in the Thalassery Municipal Fish Market Complex. 3. Petitioners submit that since the members of the 4th respondent-Union were conducting business of vending mussels in the market area for the past several decades, the lst respondent- Municipality itself has taken up the issue with the State Government as evident from Ext.P2 communication. In Ext.P2 communication issued by the Municipal Secretary addressed to the Secretary to Government, Local Self Government(B) Department it is stated that the present market was functioning in the building for the last 14 years, that even prior to the establishment of the market the petitioners and others are conducting mussels vending business in the market area and that a decision to issue licence to the mussels vendors has not been taken so far. Finding that the Municipality has not issued licence to the mussels vendors, the 4th respondent- Union filed W.P.(C).No.27618/2004 before this Court. Ext.P3 is the copy of the judgment in the said writ petition. The prayers in the said writ petition are (i) for a declaration that the mussel -3- W.P.(C).No.6126/2011 vendors are entitled to conduct mussel vending in the Municipal market and they are entitled to get allotted concrete slabs on par with fish vendors in the market, (ii) for a direction commanding the respondents not to cause any obstruction or hindrance to the mussel vending conducted by the petitioners in the market and (iii) for a direction commanding the lst respondent to issue licence to the mussel vendors on receipt of necessary applications and licence fee from them. 4. When the matter was taken up for consideration by this Court on 8/11/2004, the learned Standing Counsel appearing for the lst respondent-Municipality submits that the Municipality has considered the issue of granting licence to the mussel vendors in the market and that steps will be taken within a month. Recording the said submission this Court disposed of the writ petition and it is made clear that the vendors as of now shall not be harassed till such time, in case they are conducting the vending in a proper and hygienic manner without causing any nuisance to the public. Other direction issued by this Court is the subject matter of -4- W.P.(C).No.6126/2011 the writ appeal. This Court in the said writ petition recorded the submission of the learned Standing Counsel appearing for the Municipality that the Municipality has considered the issue of granting permission to the mussel vendors in the market and that steps will be taken within a month. That part of the judgment was not appealed by the third party, as they have not aggrieved by the same. In spite of all the assurances given in Ext.P3 judgment years back, the Municipality did not take any action for granting licence or to accommodate the mussel vendors, who were also doing the very same business in the line of other fish vendors in the market area. 5. It is submitted by the counsel appearing on both sides that a new fish market building was built up and inaugurated on the 1/8/2010 in the Thalassery Municipality. According to the 4th respondent-Union, there is ample space in the new fish market building to accommodate the vendors including mussels vendors and that for all these years the Municipality has not taken any decision for accommodating the mussel vendors in the newly -5- W.P.(C).No.6126/2011 constructed fish market building. The petitioners are requesting the Municipality to issue licence and necessary permits to them to vend mussels in the Thalassery Municipal fish market building. It is a long pending request. 6. Petitioners pointed out that all party conference was convened on 20/7/2011 and the Municipality has decided to accommodate five mussel vendors. In the circumstances, this writ petition is disposed of with a direction to the Municipality to consider the grievance of the petitioners and pass appropriate orders within one month from the date of receipt of a copy of the judgment. Pending final decision the respondent-Municipality shall not prevent the petitioners from vending mussels in the Thalassery fish market buildings area. Sd/- HARUN-UL-RASHID, Judge. kcv. -6- W.P.(C).No.6126/2011