IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 OP.No. 5990 of 1999(K) ---------------------- PETITIONER(S): --------------- 1. RAZEENA HAMEED, JIJI VILLA,NEAR SHAHIDAR MOSQUE, KAYAMKULAM. 2. ABDUL AZEEZ, MEENTHIL KIZHAKKETHIL, KMC 4/352, KEERIKKAD VILLAGE, KAYAMKULAM. 3. MOHAMMED ASLAM, PATTANTEMPARAMBIL, PUTHEN VEEDU, NORTH SHAHIDAR MOSQUE, KAYAMKULAM. BY ADV. SRI.P.C.SASIDHARAN SRI.N.RAMDAS RESPONDENT(S): --------------- 1. KAYAMKULAM MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KAYAMKULAM. 2. THE DY. SUPERINTENDENT OF POLICE, KAYAMKULAM. 3. THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. 4. THE SUB DIVISIONAL MAGISTRATE, CHENGANNUR. 5. NADIRSHA, MEENATHERIL, KANNAMPALLY BHAGOM, KEERIKKAD, KAYAMKULAM. GOVERNMENT PLEADER SRI. T.K. VIPIN DAS. SRI.R.RAYA SHENOY SRI.R.PRASANTH KUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: O.P.NO. 5990/1999. --------------------------------------------------------------- EXT.P1 TRUE COPY OF NEWS ITEM APPEARED IN MALA MANORAMA DT. 14-5-1998. EXT.P2 ORDER DT. 19-9-1998. EXT.P3 ORDER DT. 8-1-1999. EXT.P4 ORDER DT. 16-1-1999. EXT.P5 COPY OF PETITION. RESPONDENTS' EXHIBITS: -------------------------------------- EXT.R1(a) TRUE COPY OF NOTICE. EXT.R1(b) TRUE COPY OF ORDER. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 5990 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th February, 2009. J U D G M E N T Petitioners are residents of the Kayamkulam Municipality. They are aggrieved by unauthorised fish vending by the side of the National Highway within the Kayamkulam Municipality. They seek the following reliefs: “i) To declare that no fish vending in the limits of Kayamkulam Municipality shall be conducted at any place other than within the public markets duly licenced by the Municipality under Section 469 of the Kerala Municipality Act; ii) to issue a writ of mandamus, order or appropriate direction to the first respondent to take adequate steps to ensure that fish vending in the limits of Kayamkulam Municipality be conducted only within the public fish markets licenced by the Municipality in Ward No. 11 and Ward No. 25; iii) to issue a writ of mandamus, order or direction directing respondents 1 to 4 to take adequate and sufficient measures to stop fish vending on the sides of the National Highway (N.H.47) near Shahidar Mosque at Kottakulangara junction in Kayamkulam Municipality; iv) to issue a writ of mandamus, order or appropriate direction directing respondents 1 to 3 to implement forthwith Exts.P2 to P4 prohibitory orders passed by the 4th respondent.” 2. As far as prayers 1 and 2 are concerned, nobody can have any grievance if the prayers are granted in respect of public or private markets duly licensed by the Municipality. In the above circumstances, the Kayamkulam Municipality shall ensure that no fish vending is conducted by anybody at any place other than within the public or private markets or other places duly licensed by the Municipality for the purpose. 3. As far as the third prayer is concerned, nobody can conduct fish vending by the side of the National Highway. That being so, respondents 1 to 4 shall ensure that no fish vending takes place by the O.P. No. 5990/1999. -: 2 :- side of National Highway either near Shahidar Mosque at Kottakulangara junction or in any other place within Kayamkulam Municipality. 4. As far as the fourth prayer is concerned, counsel for the Municipality points out that Ext. P3 order was challenged in Criminal R.P. No. 31/1999 before the Sessions Court, Alappuzha and there is a stay order in that case. In the above circumstances, I direct respondents 1 to 3 to implement any prohibitory orders passed by the 4th respondent if they are still in force. I also record the averment in the counter affidavit filed by the Kayamkulam Municipality that the Municipality is taking all necessary steps in regard to the above prayers. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/