FRANCIS THACHIL Vs. ANGAMALY MUNICIPALITY

JUDGEMENT

(1.) Petitioners are the regular users of the roads in Angamaly. They are also merchants and representatives of general public doing different business in Angamaly Municipality. The prayer in this Original Petition is for a direction to the respondents to remove the obstructions and encroachments by the persons who are unauthorisedly occupying and doing business in various scales in the foot path. According to the petitioners, Angamaly is a busy town and in the junction these foot path vendors cause traffic nuisance and inconvenience to the general public. In the statement filed by the 3rd respondent it has been stated that some people are doing minor business like sale of vegetables, fruits etc., over the footpath and the side berms of the National Highway. There were encroachments of permanent nature along the side of National Highway and those encroachments were evicted. The first respondent has also written to the Revenue Department to remove the encroachments. The stand of the Municipality is that there was a proposal to construct a shopping complex in order to accommodate the encroachers. But the construction of the shopping complex is delayed because the matter is pending before the Division Bench.

(2.) The learned counsel for the petitioners relied on various decisions of the Supreme Court and other High Courts wherein the need to clear the vendors from the foot path is emphasised. This Court has also taken a similar stand in a number of cases.

(3.) Under these circumstances, the respondents 1 to 4 are directed to see that footpaths in the Angamaly Municipality are not occupied by unauthorised vendors who sell their articles so as to cause inconvenience to the people who use the footpath. Steps must be taken effectively by respondents 1 to 4 as directed above immediately. At the same time they shall take care not to cause any difficulties to those persons who sell articles in the town without having any permanent fixtures on the footpath or not squatting on the footpath permanently.