IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 1268 of 2004(A) ------------------------- PETITIONER(S): --------------- PERINTHALMANNA STREET VENDORS UNION, REPRESENTED BY ITS CONVENOR P.R. CHANDRAN S/O. RAVUNNI, PONNUPARAMBIL, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI SMT.SHIBI. K.P. SRI.B.KISHOR RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVT., MINISTRY OF URBAN DEVELOPMENT AND POVERTY ALLEVIATION, NIRMAN BHAVAN, NEW DELHI-110 001. 2. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. PERINTHALMANNA MUNICIPALITY REPRESENTED BY SECRETARY, MUNICIPAL OFFICE, PERINTHALMANNA. 4. DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA. 5. CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA. ADV. SMT.T.D.RAJALAKSHMI, SCGSC FOR R1 SRI.P.K.VIJAYAMOHANAN FOR R3 SMT.RESMI G. NAIR FOR R3 SR.GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 1268/04 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE 'DRAFT NATIONAL POLICY FOR STREET VENDORS' ISSUED BY THE FIRST RESPONDENT. EXT.P2 - TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DATED 8.10.2001 TO THE CHIEF SECRETARIES OF ALL THE STATES. EXT.P3 - TRUE COPY OF THE MINUTES OF THE FIRST MEETING OF THE DRAFTING COMMITTEE FOR THE NATIONAL POLICY FOR STREET VENDORS HELD ON 17.4.2002. EXT.P4 - TRUE COPY OF THE MINUTES OF THE SECOND MEETING OF THE DRAFTING COMMITTEE FOR THE NATIONAL POLICY ON STREET VENDORS HELD ON 4.5.2002. EXT.P5 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE THIRD RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 1268 OF 2004-A ----------------------------------------- JUDGMENT The petitioner is an Association of Street Vendors of Perinthalmanna Municipality. This writ petition was filed by it, praying, inter alia, to issue a mandamus to the Kerala Government and the Perinthalmanna Municipality, to implement the directions in Ext.P2. Ext.P2 is a letter addressed by the Secretary to Government of India, Ministry of Urban Development & Poverty Alleviation, Department of Urban Employment & Poverty Alleviation, New Delhi to all the State Governments/Union Territories, which reads as follows: “You may be aware that the issue of street vending/hawking for some time now is in the limelight after a Workshop on Street Vendors was organized by this Ministry on 29th - 30th May, 2001 at Vigyan Bhavan, wherein the then Minister for Urban Development & Poverty Alleviation had initiated for process of formulation of a policy for them so as to mitigate their sufferings. I am enclosing a copy of the letter written by the Prime Minister to the Lt. Governor of Delhi along with a concept note prepared by the Prime Minister's Office in this regard. The Task Force on Street Vendors was WPC 1268/04 2 constituted under the chairmanship of Minister of State for Poverty Alleviation with a view to finalizing broad guidelines on Street Vendors and Hawkers for regulation of street vending. The first meeting of the Task Force was recently held on the 10th September, 2001. A copy of the minutes of the said meeting is also enclosed for your information. Suggestions and comments of the Stat Government on the recommendations of the Task Force, as explained in para 4 of the minutes, are solicited. I shall be grateful if you could kindly identify a nodal officer for this purpose and intimate to us his particulars for future correspondence as also issue necessary instructions to all concerned, especially the licensing and enforcement authorities like the police and the Local Urban Bodies to suspend any punitive action against street vendors till such time the policy on street vendors/hawkers is finalized.” The petitioner submits, the Central Government have prepared a draft policy for the benefit of street vendors, a copy of which is produced as Ext.P1. It is also submitted that the drafting committee for formulation of a national policy for street vendors has met and deliberated on 17.4.2002, as evident from Ext.P3 minutes . There was a further meeting on 4.5.2002, as evident from Ext.P4 minutes. The petitioner's grievance is that the State authorities are not taking any action, based on Ext.P2. Therefore, it has preferred Ext.P5 representation before the Government of Kerala. Thereafter, this writ petition was filed, WPC 1268/04 3 seeking appropriate reliefs. 2. The 3rd respondent Municipality has filed a counter affidavit, resisting the prayers in the writ petition. 3. At present the actions of the Central Government are at the stage of framing a policy. They have not fructified into any positive decision, which confers some right on the petitioner Association or its members. So, the reliefs sought in this writ petition cannot be granted. This Court is governed by the principle “where there is a right, there is a remedy”. A right emanates from a statute or contract or custom. The petitioner cannot show that a legally enforcible right has been conferred on it by Ext.P1 draft national policy or Ext.P2 communication. Therefore, this Court under Article 226 of the Constitution of India cannot grant any relief to the petitioner. Accordingly, the Writ Petition is closed without prejudice to the right of the petitioner to move other forums for appropriate reliefs. 7th October, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/