The petitioners have filed this writ petition seeking the following reliefs :
i) Call for the records leading to Exts.P1 to P8 from the 2nd respondent;
ii) Issue a writ of mandamus or any other writ order or direction directing the respondents to permit the petitioners to continue the night shops (Pettikkada) in portable carts at Adimali town;
iii) In the alternate issue a writ of mandamus or any other writ order or direction directing the respondents to issue notice and give opportunity to the petitioners to give explanations to the notice before demanding the petitioners stop business in portable carts at Adimali town
iv) Such other relief that this Honourable court may deem fit and proper to render justice to the petitioners in the interest of justice.
2. The case of the petitioners is that, they are conducting night shops at Adimaly Town in mobile carts for more than 15 years. The shops are shifted from place to place during day time. They are conducting business only from evening to early morning without affecting the traffic or causing congestion. They have filed this writ petition alleging that they have been directed to stop business from 05.04.2014 onwards without any reason.
3. A statement has been filed on behalf of the 1st respondent. It is stated by the 1st respondent that, the petitioners are conducting their business in front of the Taluk Hospital, Adimali. The said hospital is situate at the main junction at Adimali town abutting the busy W.P.(C) No.10007 of 2014 2 National Highway-49 from Kothamangalam to Munnar. The bunk shops are placed encroaching upon the footpath and causing obstruction to the users of the road. Consequently, traffic blocks have become a regular feature. It is the case of the 1st respondent that, the petitioners are conducting business from carts that are permanently placed by the road margin and not from mobile shops. The shop of the petitioners cause obstruction and hindrance to the vehicles using the road. On several occasions, ambulances coming to the Taluk Hospital with patients in critical condition were obstructed. Therefore, the Panchayat has passed a resolution Ext.R1(a) on 27.3.2014 to remove the bunk shops. However, the said resolution has not been implemented yet. The petitioners, if they are aggrieved, are at liberty to challenge the said resolution in appropriate proceedings. It is pointed out that this writ petition is not maintainable, since no orders have been issued in implementation of Ext.R1(a).
4. Heard. The admitted case of the petitioners is that they are conducting their business from movable bunk shops that are located by the side of the public road. They cannot have a right to conduct business from the bunk shops causing obstruction to the users of the road. Since action has been initiated by the Panchayat considering the obstruction and hardship caused to the pedestrians as well as patients coming to the Taluk Hospital, I am not satisfied that the petitioners are entitled to any of the reliefs sought for. The petitioners shall be at W.P.(C) No.10007 of 2014 3 liberty to challenge Ext.R1(a) in appropriate proceedings, invoking their statutory remedy against the same. As rightly contended by the counsel for the Panchayat, no order in implementation of Ext.R1(a) has yet been issued to the petitioners. Therefore, they also do not have any grievance to be ventilated before this Court.
For the above reasons, this writ petition is dismissed.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV