IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 5990 of 1999(K)
1. RAZEENA HAMEED
... Petitioner
Vs
1. KAYAMKULAM MUNICIPALITY
... Respondent
For Petitioner :SRI.P.C.SASIDHARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :17/02/2009
O R D E R
S. Siri Jagan, J.
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O.P. No. 5990 of 1999
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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/