Kerala State Vyapari Vyavasayi Samithi vs State of Kerala

S. Siri Jagan, J.—The 1st petitioner is a registered association of merchants. 2nd petitioner is a person who ekes out his livelihood by wayside vending. The petitioners are aggrieved by Ext.P5 and similar notices issued to wayside vendors like the 2nd petitioner, by the 3rd respondent, directing them to vacate the properties allegedly occupied by them, under the Kerala Land Conservancy Act. According to the petitioners, the said action is in violation of Ext.P4 scheme framed by the Government of Kerala, in accordance with the directions of the Supreme Court in the matter of rehabilitating wayside vendors. I have heard the learned Government Pleader as well as the Standing Counsel for the 2nd respondent Municipality.

I am not going into the merits of the contentions of the petitioners. I am of the opinion that though Ext.P5 notice has been issued u/s 11(3) of the Land Conservancy Act, in the peculiar facts and circumstances of the case, especially in the light of Ext.P4 scheme, the petitioners should be given an opportunity of being heard before the matter is finalized. Accordingly, I dispose of this writ petition with the following directions:

The 3rd respondent shall treat Ext.P5 and similar notices issued to other members of the 1st petitioner as show cause notices and they shall be given two-weeks-time to file objections to Ext.P5 and similar notices. Thereafter, the 3rd respondent shall consider the objections of the petitioners and after affording an opportunity of being heard to the petitioners pass final orders. If the final orders are adverse to the petitioners, the same shall not be implemented for a period of two weeks after service of the orders on the respective party to enable them to seek appropriate statutory remedy against the order. While passing final orders, the 3rd respondent shall consider the applicability of Ext.P4 to the persons who are sought to be evicted pursuant to the notices like Ext.P5.