A. SREEKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners claim that they are vendors trading in materials like white sheets, bed sheets, towels etc at the Government Medical College Hospital, Thiruvananthapruam for more than 25 years and that they were accorded permission to conduct their vending activities by the earlier incumbent in the post of the 2nd respondent Superintendent of Government Medical College, Thiruvananthapuram, for some previous years, as per Ext.P2 issued to the 1st petitioner etc. That, later the present incumbent in the post of the 2nd respondent Superintendent of the Government Medical College Hospital has refused to permit the petitioners to conduct their vending activity and trade inside the premises of the hospital. The petitioners would further claim that their right to vend such articles are protected by the Constitution of India as well as the provisions contained in the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and that this places absolute fetters on the respondents in forcibly preventing the petitioners from conducting street vending activity inside the Government Medical College Hospital premises. The petitioners would further allege that in the Government Medical College Hospital, most of patients have by-standers, who required materials which are sold by the petitioners like bed sheets, clothing materials, towels etc., and that the petitioners' services are essential for such persons, who are the beneficiaries of the hospital system. It is in the light of these factual averments the petitioners have filed the instant writ petition with the following prayers:

(2.) Heard Smt. Resmi Nandanan, the learned counsel appearing for the petitioners, Sri.Saigi Jacob Palatty, the learned Senior Government Pleader appearing for respondents 1 and 2 and Sri.N.N. Nanadakumara Menon, the learned Senior counsel instructed by Sri.P.K. Manoj Kumar, the learned Standing Counsel appearing for respondents 3 and 4.

(3.) The 2nd respondent (Superintendent, Government Medical College Hospital, Thiruvananthapuram) has filed a detailed counter affidavit dated 27.11.2017 in this case. It is clearly stated therein that the previous incumbent in the post of Superintendent of the Hospital had illegally granted permission to the petitioners to sell clothing items like bed sheets, towels etc. inside the hospital premises, but only during visitors' time in the hospital i.e., between 4.30 p.m and 6 p.m. and that this was so done by the said official without taking into account the fact that he could not have lawfully granted the permission and further that the Medical College Hospital, Thiruvananthapuram is a referral Medical College Hospital, which gives practical training to medical students undergoing different courses such as MBBS, Post-graduate courses, Post-graduate Super specialty courses, Paramedical courses, Nursing courses etc. and that even the present space and infrastructural facility in the hospital are extremely limited and with huge volumes patients, by-standers, visitors etc., the premise does not have sufficient facility to cope up with the extreme demand and the continuance of the petitioners to conduct vending activities inside the Medical College premises, more particularly, inside the hospital premises has caused huge disturbance and obstruction not only to the patients and their by-standers but also to the doctors, teaching staff, students, paramedical staff and nursing staff etc. Further, it is also stated that all the roads insides the Medical College campus and near to the hospital are extremely crowded with ambulance vehicles and other emergency vehicles plying frequently and even the road and other facilities available to the public is extremely limited and cannot cope up with the demand and that in such a situation, the question of permitting vending activities by persons like the petitioners that too inside the hospital premises is totally out of the question etc. It is further reiterated in the said affidavit that the petitioners are given only temporary permission by the previous incumbent in the post of Superintendent of the Hospital without understanding the grave consequences and difficulties that will be so caused in that regard and that no sanction or permission from the Government was ever obtained by the said incumbent in the post of Superintendent before he had considered the plea of the petitioners and that therefore, the so called permission granted by the previous incumbent has no legal validity in the eye of law etc. Further it is asserted that, in no way Medical College Campus and the hospital premises especially the hospital rooms for housing the patients etc., will ever come within the purview of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Rules framed thereunder and that there is no question of any of the petitioners claiming any right whatsoever from that Act and the Rules framed thereunder. That obviously the rights, if any, under that Act would be claimed only for the activity of street vending, which is to be conducted in the notified vending zones by the competent authority like the Town Vending Committee under the Act and that in the instant case, the petitioners do not have any case that the campus of the Medical College Hospital and inner premises are "vending zones" as notified in terms of the provisions contained in the above said Act.