Kerala High Court Paves Way for Regulated Street Vending in Kochi with New Plan

Ernakulam, Kerala – January 31, 2025 – The Kerala High Court today issued a landmark judgment aimed at streamlining street vending activities within the Kochi Municipal Corporation limits, following the recent notification of the city's Street Vending Plan. In a batch of writ petitions pending since 2019, Dr. Justice A.K. JayasankaranNambiar directed that only authorized street vendors holding valid certificates and photo ID cards issued by the Corporation will be permitted to operate. The court also mandated the relocation of authorized vendors from newly designated non-vending zones within three months.

The judgment brings a significant development to a long-standing issue concerning the livelihoods of numerous street vendors and the concerns of resident associations regarding unregulated vending.

The Legal Maze and Court's Active Role

The core issue revolved around the effective implementation of 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.

Over the past five years, the High Court has actively steered the process, issuing a series of interim orders to address the legislative vacuum. Key interventions included: * Directing the identification of street vendors by Divisional Councillors. * Overseeing the functioning of the Town Vending Committee for preparing lists and issuing certificates. * Mandating the publication of the government's scheme and the framing of bye-laws by the Corporation. * Involving various authorities like the Police, Greater Cochin Development Authority (GCDA), and Cochin Smart Mission Limited (CSML) in identifying vending and non-vending zones. * Appointing Amici Curiae, Dr. K.P. Pradeep and later Adv. Balagopalan , to assist the court and monitor implementation. * Establishing 'Jagratha Samithis' at the divisional level for local surveillance against unlicensed vending. * Forming a high-level Monitoring Committee comprising the District Collector, City Police Commissioner, Mayor, CSML CEO, and the Amicus Curiae to oversee operations.

These measures were deemed necessary as the Street Vending Plan, crucial for effective regulation under Section 21 of the Act, was pending finalization.

The Turning Point: Street Vending Plan Notified

The judgment noted with relief that the Street Vending Plan for Kochi Municipal Corporation was finalized and notified by the State Government via G.O.No.77/2024/LSGD, effective June 27, 2024. This development paved the way for the final disposal of the writ petitions.

High Court's Final Directives

With the Street Vending Plan now in place, Dr. Justice Nambiar issued the following key directives:

1. Authorized Vending Only: Only street vendors whose names appear in the Corporation's authorized list and who possess valid certificates of vending and photo ID cards are permitted to conduct business. Any previous interim orders inconsistent with this declaration stand vacated.
2. Processing of Applications: All future applications for vending certificates will be processed by the Kochi Municipal Corporation strictly in accordance with the Act, Rules, Scheme, and the newly notified Street Vending Plan.
3. Transitional Oversight: The Monitoring Committee and Jagratha Samithis, established by the court, will continue their functions for a further period of six months, or until the statutory authorities establish their own regulatory mechanisms, whichever is earlier. This is to ensure a smooth transition and continued effective regulation.
4. Relocation from Non-Vending Zones: The Kochi Municipal Corporation, with the assistance of the Monitoring Committee, must complete the exercise of shifting authorized street vendors currently operating in areas identified as non-vending zones in the approved plan to the nearest designated vending zones. This process is to be completed within an outer time limit of three months from the date of the judgment.

Acknowledgements

The Court acknowledged the "yeomen service" rendered by Amici Curiae Dr. K.P. Pradeep and Adv. Balagopalan , whose timely reports were instrumental in guiding the court's directions. The cooperation of all learned counsel involved in the proceedings was also appreciated.

Implications

This judgment is expected to bring much-needed order to street vending in Kochi, balancing the rights of vendors to earn a livelihood with the public's right to clear and accessible public spaces. It places a clear responsibility on the Kochi Municipal Corporation to implement the Street Vending Plan effectively and ensure that only licensed vendors operate within the designated zones. For street vendors, it underscores the necessity of obtaining proper authorization, while for residents, it promises a more regulated urban environment.