KOTTAYAM MUNICIPALITY Vs. KERALA STATE HUMAN RIGHTS COMMISSION

JUDGEMENT

(1.) A Local Self Government Institution and its Secretary have approached this Court challenging Ext.P7 order of the Kerala State Human Rights Commission (hereinafter referred to as, 'Human Rights Commission') directing payment of compensation of Rs.50,000.00 to the 3rd respondent, a street vendor for summarily evicting him and taking away the articles kept for sale.

(2.) The 3rd respondent, who claims to be a vendor of clothes and garments on the side of Modern Hotel, off the pavement at K.K. road, Kottayam since 8/7/1984, approached the Human Rights Commission by Ext. P4 complaint alleging that, on 14/5/2015, at around 12.15 P.M, a sanitation worker from the Municipality asked him to remove a waste kit placed near his vending place and when told that he has not kept the waste kit there, the worker abused him and later, when he left the vending place to buy medicine, about 15 employees of the Municipality came in a garbage collection vehicle and took away all the clothes kept by him for sale. He contended that his source of livelihood has been affected and he is not in a position to repay the loans and he sustained a loss of Rs.2,34,000.00 and has to be compensated by the Municipality.

(3.) The Municipality filed a report before the Human Rights Commission stating that the 3rd respondent was summarily evicted pursuant to Ext.P1 order dtd. 14/5/2015 and in exercise of powers under Sec. 367 (3) of the Kerala Municipality Act, 1994 since there were reports regarding obstruction to vehicular and pedestrian traffic in K.K road and M.L road due to street vending and the 3rd respondent was occupying portion of the pavement and was littering the area causing blockage of the drain.