Back
A. K. JAYASANKARAN NAMBIAR
Jamal K. M. , S/o. Late P. M. Muhammed Kunju – Appellant
Versus
State Of Kerala, Represented By Secretary To Government, Department Of Local Self Government Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
(A.K. Jayasankaran Nambiar, J.)
This batch of writ petitions concerns the issue of regulation of street vending activities within the limits of the Kochi Municipal Corporation. Writ petitions have been filed both by persons aggrieved by the attempts of the Municipal Corporation to prevent them from carrying on their street vending activities, as also by resident associations aggrieved by the proliferation of unlicensed street vendors carrying on vending activities in their residential areas.
2. The writ petitions have been pending since 2019, primarily on account of the fact that the legislative regime for regulating the activities of street vendors had not been effectively implemented in the State. The legislative regime envisaged is discernible from The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, The Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules and The Kerala Street Vendors (Protection of Livelihood and Regulation of Street Vending and Licensing) Scheme, 2019 (hereinafter referred to as “The Act”, “The Rules” and “The Scheme” respectively for brevity). The object of the said regime is to
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 central legal point established in the judgment is the need for strict adherence to the conditions for issue of certificate of vending, determination of vending areas, and compliance with vending....
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.
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....
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.
The election notification for the Town Vending Committee was invalid due to failure to publish in the Official Gazette, violating statutory requirements.
The court reinforced the necessity for local authorities to enforce no-vending schemes effectively, emphasizing zero tolerance for illegal encroachments and the importance of public spaces.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
