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NITIN JAMDAR, S. MANU
Mahadevi, w/o. Unnikrishnan – Appellant
Versus
Sub Divisional Magistrate/Revenue Divisional Officer – Respondent
JUDGMENT :
Nitin Jamdar, C.J.
The Appellants are street vendors operating a small street vending business on four-wheeler carts near the District Hospital on the Kollam Victoria – District Hospital Road. Street vending in the State of Kerala is regulated by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 ("the Act of 2014") and the Kerala Street Vendors (Protection of Livelihood, Regulation of Street Vending and Licensing) Scheme, 2019 ("the Scheme").
2. In 2016, when Appellant No. 1 faced eviction from her place of business, she filed W.P.(C) No. 38273 of 2016 before this Court, seeking a direction to restrain the Respondent – Corporation from evicting her. The writ petition was disposed of by judgment dated 13 December 2016 with a direction to the Respondent – Corporation to finalise the list of vendors prepared by it. In 2020, Appellant No. 2 also faced eviction, and filed W.P.(C) No. 29194 of 2020, in which an interim order was passed by the learned Single Judge on 29 December 2020 directing the Respondents therein not to forcibly evict him.
3. Notice of eviction (Exhibit-P6) was issued to the Appellants on 13 August 2024 citing the report o
Street vendors cannot be evicted without adherence to statutory provisions, including the completion of surveys and designation of vending zones as mandated by the Street Vendors Act.
Definition of ‘street vendors’ clearly mentions that they have to carry on business from a temporary built-up structure.
The court affirmed that street vendors do not have an unqualified right to occupy designated no-vending zones and that proper procedures for eviction as per the relevant statutes were followed.
Compliance with statutory notice requirements and proper issuance of street vending certificates were upheld, confirming lawful methodological procedures for vendor relocations under the Street Vendi....
Point of law: Section 2 (1) (l) street vendor means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a s....
The petitioners must provide evidence that the place was declared as a vending zone by the competent authority, and possession of the land is a crucial factor in determining the applicability of the ....
The court established that only street vendors with valid certificates and IDs issued by the Municipal Corporation are authorized to operate, emphasizing compliance with the legislative framework for....
The election notification for the Town Vending Committee was invalid due to failure to publish in the Official Gazette, violating statutory requirements.
The central legal point established in the judgment is the interpretation and application of the terms and conditions of the Certificate of Vending and the Street Vendors Act, 2014 in determining the....
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