Street vendors are protected from eviction until the Town Vending Plan and byelaws are approved, ensuring their livelihoods are regulated under the law.

JUDGMENT

The Writ Petition is filed by street vendors who do various types of small business in their temporary sheds/carts/stalls on the sides of Mullackal Road in Alappuzha district. Paragraph 2 of the petition gives details of the petitioners, their vending activity, areas of operation, and the period from when they started occupying.

2. The petitioners were served with a notice by the 4^th respondent, the Assistant Executive Engineer, Road Sub Division, National High Way Authority, Alappuzha, directing them to vacate from the places of street vending. The prayer in the Writ Petition is to quash the notices, and also declare that they are not liable to be evicted from their present place of street vending and also to restrain the respondents from evicting them.

3. Upon admission of the Writ Petition, there was an order of status quo passed on 18.07.2017. A statement has been filed on behalf of respondents 5 and 6 stating that in exercise of the powers conferred under Section 36 of the Street Vendors (Protection of Livelihood and Regulations of Street Vending Act 2014 (Central Act 7 of 2014), the Government of Kerala has framed Rules by name Kerala Street Vendors (Protection of Livelihood Regulation of Street Vending) Rules, 2018, which was published in the Kerala Gazette dated 14.03.2018. Later, in the exercise of the powers conferred under Sec.38 of the Central Act, the Government of Kerala framed a Scheme named Kerala Street Vendors (Protection of Livelihood Regulation of Street Vending and Licensing) Scheme, 2019 which was published in the Kerala Gazette dated 13/2/2019.

4. The Town Vending Committee contemplated under the Rules and the Scheme for Alappuzha municipality was reconstituted through an election process and a committee consisting of 9 members were elected. The proceedings of the Returning Officer dated 23.02.2024 is produced as Annexure R5(a). The Town Vending Committee met on 6/3/2024 and evaluated the issues relating to the street vendors and passed resolutions for the regulation of street vending within the municipality. The byelaws for street vending were approved by the committee noting that the Town Vending Plan had earlier been approved. The proceedings of the meeting of the Town Vending Committee dated 06.03.2024 is produced as Annexure-R5(b).

5. It is also stated that the Town Vending Committee has prepared an exhaustive Town Vending Plan for the Alappuzha Municipality and the same is submitted before the Municipal Council for approval. The draft byelaws of street vending within the Municipality is also pending consideration before the Municipal Council for approval. The Town Vending Plan and draft byelaws are produced as Annexures- R5(c) and R5(d). It is also stated that as per Rule 20 of the Kerala Street Vendors (Protection of Livelihood Regulation of Street Vending) Rules, 2018, an effective dispute redressal mechanism is also put in place by constituting a 'Grievance Redressal and Dispute Resolution Committee' for redressal of grievances and for resolution of the dispute relating to street vendors. The statements made in the statement filed by the Municipality are recorded.

6. In view of the above, the petitioners' case will be considered after the Council approves the draft Town Vending Plan and draft byelaws. Until the municipality takes a decision after the Council approves the Town Vending Plan and the byelaws, the status quo granted by this Court on 18.07.2017 shall be maintained.

The writ petition is accordingly, disposed of holding that the petitioners will be governed by the Town Vending Plan and the byelaws, approved by the Council. If the petitioners have any grievance regarding the decision referred to above, they can also take recourse to the alternative remedy provided under the Rules.