NISHAM Vs. CHAVAKKAD MUNICIPALITY

JUDGEMENT

(1.) The petitioner is stated to be a fishmonger who earns his livelihood by selling fish using a four-wheel cart at various places within the 1st respondent Municipality. On 29/9/2024, the 3rd respondent conducted an inspection allegedly based on a complaint received by the 2nd respondent, alleging obstruction caused to other vendors, vehicles, and pedestrians by the petitioner's fish vending cart. It is stated that the 2nd respondent, with the assistance of the police, seized the petitioner's four-wheel cart, approximately 82 kilograms of fish, and two electronic weighing scales, and the fish was destroyed on site, and the remaining articles were kept in the custody of the 2nd respondent. These facts are included in the Ext. P1 Mahazar dtd. 29/9/2024, prepared by the Public Health Inspector.

(2.) On 10/10/2024, the petitioner caused to issue a legal notice to respondents 2 and 3 demanding the return of the seized cart and weighing scales. The petitioner also filed Crl.M.P No.7986 of 2024 before the Judicial First Class Magistrate Court, Chavakkad, under Sec. 497 of the Baratiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking release of the four-wheel cart and electronic weighing machines seized by the respondents 2 and 3. Through Ext.P6 order dtd. 25/6/2025, the Magistrate Court found that the actions taken by the Municipality were within its powers and that the seizure was effected by them, and on that basis, the Magistrate Court dismissed the petition. The 2nd respondent thereafter issued a notice on 23/1/2025 stating that the petitioner had violated the law and was not complying with the directions of the Health Squad, thereby imposing a fine of Rs.5000.00 (Rupees five thousand only) as per Ext.P4 notice.

(3.) The petitioner complains that the act of respondents 1 to 3 in forcibly evicting the petitioner and seizing his cart, fish, and weighing machines without any notice/without any kind of hearing, is illegal and in total violation of principles of natural justice. Petitioner contends that he is a street vendor who is engaged in a lawful occupation protected under Article 19(1)(g) of the Constitution of India, which guarantees the right to livelihood. The arbitrary seizure mentioned above is without following due process of law and violates his fundamental rights. The prayer in the writ petition is to return the petitioner's seized four-wheel cart and two electronic weighing machines forthwith and also quash the seizure and destruction as illegal and violative of the Street Vendors Act, 2014. There is also a prayer to pay a compensation of Rs.15,000.00 (Rupees fifteen thousand only) towards the loss caused due to illegal seizure and destruction of the fish and continued illegal retention of trade tools.