The petitioner complains of unauthorised and illegal conduct of a market in public place, from the road margin. The allegation of the petitioner is that, the conduct of the market results in indiscriminate dumping of waste of the fish sold as well as the waste water in the surrounding areas, causing nuisance and hardships to the petitioner and other local residents. Though the petitioner has submitted Ext.P3 complaint to the 1st respondent, no action has been taken thereon. The petitioner has therefore, filed this writ petition seeking the issue of appropriate directions in the matter.
2. A statement has been filed on behalf of the 1st respondent.
According to Adv.Sri.Deepu Thankan, who appears for the 1st respondent, the road is a PWD road that is not vested in the Panchayat. It is for the said reason that, no action has been taken against the unauthorised vendors. It is admitted in the statement that, people are conducting vending of fish and other items from the road margin by the side of the PWD road.
3. The learned counsel for the petitioner Sri.Muhamed Shemeem places reliance on Section 225 of the Kerala Municipality Act, 1994 to contend that the Panchayat has sufficient powers under the said provision to take action against the illegal vending, with respect to W.P.(C) No.8962 of 2014 2 which the petitioner has complained.
4. Heard. The 1st respondent has, in the statement filed, stated as follows :
“It is further submitted that those persons who are conducting the sale of fish on the side of the PWD road have not obtained any licence from the Panchayath. However, the Panchayath can take any action against the persons only after hearing them.”
It is admitted that the fish vending is conducted without any licence from the Panchayat. Therefore, it shall be open to the 1st respondent to initiate action against the conduct of such sale. Since it has been assured that appropriate action would be taken after hearing the vendors also, it is sufficient that this writ petition is disposed of directing the 1st respondent to do so.
This writ petition is therefore, disposed of directing the 1st respondent to take necessary action to ensure that sale of fish by the unauthorised vendors is stopped. Appropriate action shall be initiated after hearing such persons and finalised within a period of six weeks of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV