High Court of KeralaSingle JudgeDismissed

Writ Petition (Civil) No. 15519 of 2019 (L) — Johnson Mathew and others v. State of Kerala and others

Case / Petition Number:WP(C).No.15519/2019 (L)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. MUHAMED MUSTAQUE
Judgment Date
2019-10-04
Court Decision / Holding
Writ petition dismissed; the impugned order denying permission to occupy the National Highway stands; the petitioners’ objections are not justified; the 2014 Street Vendors Act does not apply to National Highways and the highway remains regulated under the CNHLTA 2002.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • Johnson Mathew
  • Daisy.K.B.
  • Mathai Augusthy
  • Syed Muhammed
  • Rajesh.C.R.
  • Mohananjan.P.B.
  • Anshad.P.K.
  • T.K.Ravi
  • Abdul Saleem.P.A.
  • Nideesh.P.M.

Respondents

  • State of Kerala represented by Secretary to Government, Department of Local Self Government, Secretariat, Thiruvananthapuram-695001
  • District Collector, Idukki
  • Adimaly Grama Panchayat, Adimaly-685561, Idukki District
  • Secretary, Adimaly Grama Panchayat, Adimaly-685561, Idukki District
  • National Highway Authority of India, represented by its Chairman, New Delhi-110075
  • Executive Engineer, National Highway (R Division), Muvattupuzha, Ernakulam-686661
  • Assistant Engineer, NH(R) Section, Neriyamangalam, Ernakulam-686693
  • Chief Engineer, National Highways, Department of Public Works, Thiruvananthapuram-695033

Legal Representation & Advocates

Counsels for Petitioners

  • • Kaleeswaram Raj Kumar
  • • A. Aruna Kum
  • • Thulasi K. Raj
  • • Maitrey Sachidananda Hegde

Counsels for Respondents

  • • Latheesh Sebastian
  • • K.V. Sohan

Case Synopsis & Summary

The petitioners are street vendors who conducted street vending along the Kochi–Madhurai National Highway-85 near Cheeyapara waterfalls and received eviction notices. They had earlier approached this Court in W.P.(C).No.31825 of 2018. The learned Single Judge, referring to the Division Bench decision in Cherian Philip v. National Highways Authority of India, held that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 does not contemplate street vending on National Highways regulated under the Control of National Highway (Land and Traffic) Act, 2002, and that no one can use any part of the National Highway without permission under that Act. The petitioners sought to occupy the National Highway under Sections 24–26 of the CNHLTA 2002, arguing long-standing occupation (about 20 years) and the necessity to protect livelihoods. The Executive Engineer declined permission citing lack of space and potential hazards to the public. The petitioners’ counsel argued for extending protection under the 2014 Act; however, the Court maintained that the 2014 Act does not apply to National Highways and affirmed the NH Authority’s findings. Consequently, the Court concluded that there is no justification to reverse the impugned order, and the writ petition is dismissed. The decision reinforces the view that National Highways remain outside the scope of the Street Vendors Act and are governed by highway-specific statutes and authorities.

Provisions of Law Cited

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014Control of National Highway (Land and Traffic) Act, 2002Sections 24 to 26 of the Control of National Highway (Land and Traffic) Act, 2002Section 24 of the Control of National Highway (Land and Traffic) Act, 2002

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the protection and livelihood provisions under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 should extend to their occupation on the National Highway, and that they should be permitted to occupy the National Highway under the powers conferred by Sections 24–26 of the CNHLTA 2002. They emphasize the long-standing practice of occupation (over 20 years) and rely on prior representations and orders to justify continuance of vending activity, arguing that the NH authority’s earlier determinations should accommodate their livelihoods. They further challenge the impugned order on grounds that the 2014 Act applies and that sufficient space or safety concerns should be addressed to allow vending along the highway.

Contentions of Respondents

The respondents contend that the Street Vendors Act, 2014 does not apply to National Highways. National Highways are regulated under the CNHLTA, 2002, and occupancy or vending on the highway requires permission under the Act. The Executive Engineer declined permission under Sections 24–26 due to lack of space and potential hazards to public safety. The court cannot reverse the NH Authority’s findings, and the petitioners’ occupation cannot be regularized under the highway-specific regime, as the Act does not cover National Highways and the authority must safeguard highway safety and traffic interests.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Cherian Philip v. National Highways Authority of India2015 (3) KLT 723PositiveThe Division Bench relied on this decision to hold that Street Vendors Act, 2014 does not apply to National Highways and occupancy without authorization under CNHLTA is not permissible.
W.P.(C).No.31825/2018W.P.(C).31825/2018Mentioned OnlyPetitioners had earlier approached this Court in this case; cited as background to the current matter but not a direct ratio relied upon.
W.P.(C).No.41868/2018 and connected casesW.P.(C).No.41868/2018Mentioned OnlyExhibit P15 references a judgment in 41868/2018; mentioned as a related matter but not a central ratio in the current decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941** ## **WP(C).No.15519 OF 2019(L)** ## **PETITIONER/S:** - **1 JOHNSON MATHEW AGED 25 YEARS S/O.MATHEW, THOPPIKUDIYIL HOUSE, VALARA P.O., VALARA, IDUKKI-685 561.** - **2 DAISY.K.B. KOMBANAVALLIYIL HOUSE, VALARA P.O., VALARA, IDUKKI-685 561.** - **3 MATHAI AUGUSTHY S/O.AUGUSTHY, KAITHOLIL HOUSE, VALARA P.O., IDUKKI-685 561.** - **4 SYED MUHAMMED S/O.SEETHI , KEEPETH VEEDU, VALARA P.O., COLONYPALAM, IDUKKI-685 531.** - **5 RAJESH.C.R. S/O.RAJAPPAN, CHILAHIKUNNEL HOUSE, KUDAKALLU, THATTEKUNNI P.O., IDUKKI-685 606.** - **6 MOHANAN.P.B. S/O.HASKARAN, PALAMOOTTIL HOUSE, KUDAKATH, THATTEKUNNI P.O., IDUKKI-686 606.** - **7 ANSHAD.P.K. S/O.KASIM.P.M., PULLICHALIL HOUSE, NELLIMATTOM P.O., ERNAKULAM-686 693.** - **8 T.K.RAVI S/O.KARUNAKARAN, THOTTOYIL HOUSE, NERIYAMANGALAM P.O., ERNAKULAM-686 693.** ## **`Wpc 15519/2019`** ## **-:2:-** - **9 ABDUL SALEEM.P.A. S/O.ABDUL SAMAD, PALAMOOTTIL HOUSE, VALARA P.O., 10TH MILE, IDUKKI-685 561.** - **10 NIDEESH.P.M. S/O.MOHANAN, PALAMOOTTIL HOUSE, KADAKATTU, TGHATTEKUNNI P.O., IDUKKI-685 606.** **BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA KUM.THULASI K. RAJ SMT.MAITREYI SACHIDANANDA HEGDE** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 DISTRICT COLLECTOR, IDUKKI, PIN-685 001.** - **3 ADIMALY GRAMA PANCHAYAT ADIMALY-685 561, IDUKKI DISTRICT.** - **4 SECRETARY, ADIMALY GRAMA PANCHAYAT, ADIMALY-685 561, IDUKKI DISTRICT.** - **5 NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, GG AND 6 SECTOR 10, DWARKA, NEW DELHI-110 075.** - **6 EXECUTIVE ENGINEER, NATIONAL HIGHWAY (R DIVISION), MUVATTUPUZHA, ERNAKULAM-686 661.** - **7 ASSISTANT ENGINEER, NH(R) SECTION, NERIYAMANGALAM, ERNAKULAM-686 693.** ``` Wpc 15519/2019 ``` ## **-:3:-** - **8 CHIEF ENGINEER, NATIONAL HIGHWAYS, DEPARTMENT OF PUBLIC WORKS, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.** **R4 BY ADV. SRI.LATHEESH SEBASTIAN** **R6 BY SRI.K.V.SOHAN, STATE ATTORNEY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ``` Wpc 15519/2019 ``` ## **-:4:-** ## **JUDGMENT** ## **Dated this the 4th day of October 2019** The petitioners are street vendors who are doing street vending on the side of Kochi-Madhurai National Highway-85 near Cheeyapara waterfalls. They received notices of eviction. Challenging the said notices, they had earlier approached this Court in W.P.(C).No. 31825 of 2018. The learned Single Judge of this Court, referring to the judgment of the Division Bench of this Court **Cherian Philip v. National Highways Authority of India [2015 (3) KLT 723]** held that Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 do not contemplate street vending on the National Highways which are regulated by the provisions contained in the Control of National Highway (Land and Traffic) Act, 2002 and without permission of the competent authority under the said Act, no one can use any part of the National Highway. Further, with reference to the power contemplated under Section 24 of the Control of National Highway ``` Wpc 15519/2019 ``` ## **-:5:-** (Land and Traffic) Act, 2002 this Court ordered the Executive Engineer of the National Highway (R Division), Muvattupuzha, to take a decision on the request of the petitioners to occupy the National Highway. Thereafter, their request was considered and declined. Exhibit-P16 is the said order. Challenging the said order the petitioners have approached this Court with this writ petition. 2. The petitioners' case is that the stand taken by the Division Bench as well as the learned Single Judge that protection given under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is not applicable to National Highways cannot be applied in their case. 3. The Division Bench has already held that street vending does not apply to National Highway. Then the only question is whether the petitioners can be permitted to occupy the National Highway in the light of the powers conferred under Section 24 of the Control of National Highway (Land and Traffic) Act, 2002. 4. The Executive Engineer in the impugned order observed that there is no sufficient space on the National Highway to allow any ## **`Wpc 15519/2019`** ## **-:6:-** compensatory events as laid down in Sections 24 to 26 of the Control of National Highway (Land and Traffic) Act, 2002 and taking note of the possibility of hazards to public, declined permission to the petitioners to occupy National Highway for the stated street vending. 5. The learned counsel for the petitioners pointing out the nature of occupation for the last more than 20 years attempted to justify their occupation. 6. As already adverted, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 do not apply to National Highways. Further, for the reasons stated in the impugned order also, the petitioners' objection cannot be justified. This Court cannot reverse such findings of the National Highway Authority. Therefore, the writ petition is only to be dismissed. Accordingly, it is dismissed. **Sd/-** ## **A.MUHAMED MUSTAQUE** **JUDGE** ms ## **`Wpc 15519/2019`** ## **-:7:-** ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE NOICE DATED 28.4.2011 REQUESTING SRI.RAVI TO PARTICIPATE THE MEETING HELD ON 10.5.2011.** - **EXHIBIT P2** - **TRUE COPY OF THE PHOTOGRAPHS OF THE MEETING HELD ON 10.5.2011.** **EXHIBIT P3** **TRUE COPY OF THE NOTICE DATED 4.6.2016 ISSUED BY THE RENGE FOREST OFFICER, NERIYAMANGALAM.** - **EXHIBIT P4** **TRUE COPY OF THE RELEVANT PAGES OF G.O. (MS) NO.90/2011/LSGD DATED 30.4.2011.** - **EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 30.7.2018 ISSUED BY THE 6TH RESPONDENT TO THE 4TH PETITIONER.** - **EXHIBIT P6** **TRUE COPY OF THE JUDGMENT DATED 1.10.2018 IN W.P.(C) NO.31825/2018.** **EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 27.10.2018 FILED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT.** - **EXHIBIT P8** **TRUE COPY OF THE REPRESENTATION DATED 27.10.2018 FILED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT.** - **EXHIBIT P9** **TRUE COPY OF THE REPRESENTATION DATED 27.10.2018 FILED BY THE 3RD PETITIONER BEFORE THE 6TH RESPONDENT.** ## **`Wpc 15519/2019`** ## **-:8:-** **EXHIBIT P10** **TRUE COPY OF THE REPRESENTATION DATED 27.10.2018 FILED BY THE 7TH PETITIONER BEFORE THE 6TH RESPONDENT.** - **EXHIBIT P11** - **TRUE COPY OF THE REPRESENTATION DATED 27.10.2018 FILED BY THE 9TH PETITIONER BEFORE THE 6TH RESPONDENT.** - **EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 28.11.2010 ISSUED TO THE 1ST PETITIONER.** - **EXHIBIT P13** - **TRUE COPY OF THE ORDER NO.DB-1019/2013 DATED 7.12.2018.** - **EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 7.12.2018 ISSUED BY THE 6TH RESPONDENT TO THE 1ST PETITIONER.** - **EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 11.3.2019 IN W.P.(C) NO.41868/2018 AND CONNECTED CASES.** - **EXHIBIT P16 TRUE COPY OF THE UNDATED ORDER ISSUED BY THE 6TH RESPONDENT.** - **RESPONDENT'S/S EXHIBITS :** - **ANNEXURE R6(A): TRUE COPY OF PHOTOGRAPH SHOWING THE LANDSLIDE OCCURED DURING LAST MONSOON(2018).** - **ANNEXURE R6(B): TRUE COPY OF THE PHOTOGRAPH SHOWING THE SHEDS CONSTRUCTED BY THE ILLEGAL VENDORS TRESSPASSING THE ROAD MARGIN.** - **ANNEXURE R6(C): TRUE COPY OF PHOTOGRAPH SHOWING ONE SUCH SHED IN A CRUCIAL SPACE WHICH IS DANGEROUS AS WELL AS AFFECTING THE SERENITY AND BEAUTY OF THE WATERFALL.**