JOHNSON MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) According to the petitioners, they are street vendors for conducting street vending activities adjacent to the National Highway No.85 near Cheeyapara Waterfalls in Idukki Revenue District. The petitioners had now been issued the impugned Exts.P-5 to P-17 notices by respondents 6 & 7, who are the officials of the National Highway Roads Division, whereby the petitioners have been ordered to be evicted from the present locations near to the National Highway etc.

(2.) The prayers in this Writ Petition (Civil) are as follows:

(3.) Heard Sri.Kaleeswaram Raj, learned counsel appearing for the petitioners, Sri.K.V.Sohan, learned State Attorney appearing for respondents 1, 2, 6 to 8 and Sri.Latheesh Sebastian, learned counsel appearing for respondents 3 & 4 (Adimaly Grama Panchayath). It is brought to the notice of this Court that National Highway Authority of India(NAHAI) is not a necessary party in this proceedings, as it has not been entrusted with any powers and functions under the provisions of the Control of National Highways (Land and Traffic) Act , 2002. Hence, notice to R5 will stand dispensed with.