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2026 Supreme(Online)(Ker) 13279

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MANIKANDAN – Appellant
Versus
SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT – Respondent
WP(C) NO. 41823 OF 2022 | WP(C).13298/2023 | WP(C).13405/2023

Advocates:
For the Appellants/Petitioners: P.A.AYUB KHAN, NIJI.K.SHAHUL
For the Respondents: SANTHOSH P.PODUVAL, P.S. APPU

Municipal authorities must regulate street vending for public safety while allowing appeals for rehabilitation eligibility under the Street Vendors Act.

Headnote:(A) Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - The court heard multiple writ petitions concerning the eligibility of street vendors for rehabilitation under the Act. It confirmed the eligibility of certain petitioners while allowing others to appeal their status. (Paras 1-5)

(B) The need for regulation - The court recognized the obligation of municipal authorities to regulate street vending to prevent traffic problems and accidents. (Paras 4)

Facts of the case:
Multiple writ petitions were filed by vendors seeking protection and regulation of their livelihoods under the Street Vendors Act, with a query into their eligibility for rehabilitation.

Findings of Court:
Eligible vendors may continue their business in designated zones, while ineligible vendors may appeal their status within three weeks, with the Secretary to review and act upon the representations within two months.

Issues: The primary issue involved the determination of vendors' eligibility for rehabilitation based on the criteria set forth in the Act.

Ratio Decidendi: The court emphasized the importance of municipal regulation of street vending to ensure public safety and orderly conduct of business while allowing for an appeals process for those deemed ineligible.

Result: Writ petitions disposed of, upholding the guidelines for vendor regulation and rehabilitation.

Table of Content
1. eligibility of street vendors under the act. (Para 1 , 2)
2. procedures for representation and traffic concerns. (Para 3 , 4)
3. disposition of writ petitions with conditions. (Para 5)

J U D G M E N T

[WP(C) Nos.41823/2022, 13298/2023, 13405/2023]

These are all writ petitions filed, claiming protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act , 2014.

2. Today, when the matter is taken up, the learned Standing Counsel for the Thrissur Corporation, Sri.S anthosh Poduval submits that only the 2^nd petitioner and the 9^th petitioner in WP(C) No.41823 of 2022, petitioner Nos.1, 3, 7 and 10 in WP(C) No.13298 of 2023 and petitioners 9 and 18 in WP(C) No.13405 of 2023 are the eligible street vendors, entitled to rehabilation.

3. It is submitted that the petitioners who are not found eligible can make an appropriate representation before the Secretary of the Corporation, who will then place it before the Town vending committee for a decision. As far as the petitioners who were found eligible are concerned, they can continue in the present vending Zone subject to any actions for rehabilitation.

4. The learned counsel for the Corporation also submits that the Traffic Enforcement Unit of Thrissur city has, through a communication, intimated the Secretary of Thrissur Corporation regarding the conduct of business and the petitioners on the footpaths, causing traffic problems with a likelihood of accident resulting from the same. Accordingly, they were directed to relocate those vendors to avert any accidents/untoward incidents/traffic problems.

5. In view of the above, the writ petitions are disposed of, making it clear that the petitioners, who are found eligible, will be allowed to continue business in the vending Zone, subject to any order to be passed for rehabilitation. As for the rest of the petitioners who are not found eligible, they are permitted to make a representation within three weeks from today. On receipt of the same, the Secretary will forward the same to the Town Vending Committee concerned for an appropriate decision. A decision shall be taken with notice to the petitioners or their representatives within two months, in accordance with law. Till a decision is taken, the status quo as of today shall be maintained. However, this shall not prevent the Corporation from directing the petitioners to relocate, in terms of the directions issued by the Police noted above.

The writ petitions are disposed of as above.

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2026 Supreme(Online)(Ker) 13279

IN THE HIGH COURT OF KERALA AT ERNAKULAMMOHAMMED NIAS C.P., JMANIKANDAN – AppellantVersusSECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT – RespondentWP(C) NO. 41823 OF 2022 | WP(C).13298/2023 | WP(C).13405/2023

Municipal authorities must regulate street vending for public safety while allowing appeals for rehabilitation eligibility under the Street Vendors Act.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MANIKANDAN – Appellant
Versus
SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT – Respondent
WP(C) NO. 41823 OF 2022 | WP(C).13298/2023 | WP(C).13405/2023