The absence of necessary certifications precludes legal protection under the Street Vendors Act.

JUDGMENT

The writ petition is filed seeking a direction to respondents 6 to 8 not to remove the petty shops of the petitioners except by following the procedure prescribed under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending)

Act, 2014.

2. A counter affidavit has been filed by the local authority, which reads as follows:-

3. It is humbly submitted that on 06.07.24 a meeting was convened by Police, PWD, Vaikom Municipality, MVD and Revenue and presided by Chairperson of this respondent to remove all unauthorized street vendors, On 12.07.2024 another meeting convened with above authority including representatives of industry and merchants association,various trade union representatives to constitute a subcommittee to control the unauthorized street vendors and issue notice to the unauthorized street vendors.

4. It is humbly submitted that the street vendors are increased day by day in Vaikom Municipality. As a result heavy traffic/block, increasing accidents and antisocial activities are noticed. On 21.08.2024 a combined decision took by Police, PWD, Vaikom Municipality, MVD and Revenue to implement traffic regulatory committee decision and council decision to evict the street vendors by engaging clean city manager to execute the decision. As per the decision unauthorized street vendors were evicted. It led to huge political issues and that was noticed by the District Collector.

5. It is humbly submitted that the District Collector had issued the order No. - DCKTM/7439/2024-K5. As per the order the existing street vendors can be evicted only by street vendors act 2014 by deciding after the vending zone and rehabilitating them on that area and reported that the captured articles were released without fine. After that no action taken from the part of authority and the unauthorized street vendors including the petitioners continue their business till date.

6. It is humbly submitted that as per records, the street vendors Act implemented into this respondent on 2022. There are 113 approved street vendors with ID proof and out of which, 69 street vendors received street vending certificate. There are approved street vendors free zone in this municipality. These petitioners' not included in the said list of NULM(National Urban Living Mission). The petitioners are not possessed the street vending certificate and ID proof.”

3. The above statements are recorded.

4. In the absence of any document to show that the petitioners are street vendors, and in the absence of either the street vending certificate or any ID proofs and since the contentions of the local authority have not been controverted, no relief can be granted to the petitioners and the same is dismissed.

5. However, the dismissal of the writ petition will not prevent the petitioners from challenging any orders or proceedings which excluded from the purview of the Street Vending Act, if they are aggrieved by the same.

Sd/-