Kiran Raj

The Kerala High Court has dismissed multiple writ petitions challenging the regulatory measures imposed by the Kochi Municipal Corporation regarding street vending in public areas. The petitioners, including individual vendors and associations, had contested the actions of the municipal authorities, arguing that the restrictions violated their rights under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The court upheld the corporation’s authority to regulate vending zones in the interest of urban planning and public convenience.

The petitions were filed by various street vendors, trade associations, and welfare organizations, seeking relief against the actions taken by the Kochi Municipal Corporation and other authorities. The petitioners contended that the measures imposed by the municipal body, including eviction notices, licensing restrictions, and zoning regulations, were arbitrary and deprived them of their livelihood.

The petitioners argued that under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, they had a statutory right to carry out vending activities in designated areas. They claimed that the municipal authorities were acting beyond their powers by imposing restrictions without following due process, including the failure to properly constitute and consult the Town Vending Committee (TVC) before enforcing regulatory actions.

The respondents, including the State of Kerala, Kochi Municipal Corporation, and the Town Vending Committee, defended their actions, stating that the regulations were implemented to balance public interest with the rights of vendors. They submitted that the corporation had identified vending zones and non-vending zones in compliance with the 2014 Act, and that the eviction actions were taken only against those operating in restricted areas. The municipal authorities further argued that unrestricted vending in congested areas created traffic obstructions, hygiene concerns, and urban planning challenges.

The respondents also pointed out that a survey of street vendors had been conducted, and those operating legally had been allotted designated spaces. They argued that those contesting the restrictions were either operating without valid licenses or had set up unauthorized structures in prohibited areas, justifying the regulatory action taken against them.

After examining the submissions and legal provisions, the Kerala High Court upheld the municipal corporation’s power to regulate street vending. The court relied on Section 3 and Section 12 of the Street Vendors Act, 2014, which mandate the identification of vending zones and regulation of street vending in urban areas.

The judgment stated: "The right to carry on trade or business under Article 19(1)(g) of the Constitution is not an absolute right. It is subject to reasonable restrictions imposed in the interest of public order, planning, and convenience. The State and its municipal authorities have a duty to regulate public spaces to ensure free movement and accessibility for all citizens."

Addressing the petitioners’ challenge regarding consultation with the Town Vending Committee, the court observed: "The Town Vending Committee has been constituted in accordance with the Act, and due process has been followed in designating vending and non-vending zones. The petitioners cannot claim an unrestricted right to occupy public spaces without adhering to the regulatory framework."

The court further stated that the municipal corporation’s authority to impose reasonable restrictions was well within the legal framework, noting: "The identification of vending zones and enforcement of non-vending zones is a policy decision taken in the public interest. Street vendors must operate within the regulatory scheme established under the Act, and failure to comply invites lawful action by the municipal authorities."

The court also addressed concerns regarding due process and fair treatment of vendors, directing that: "Any action taken against vendors should be in accordance with the principles of natural justice. Vendors who have been removed from unauthorized spaces must be given the opportunity to relocate to designated vending zones, subject to the availability of space and compliance with licensing requirements."

Based on its findings, the Kerala High Court dismissed the petitions and upheld the regulatory measures taken by the Kochi Municipal Corporation. The court issued the following directives:

1. The municipal corporation is empowered to enforce vending and non-vending zones as per the Street Vendors Act, 2014.

2. Eviction actions taken against unauthorized vendors are valid, provided they are carried out in compliance with due process.

3. Street vendors must operate only in designated zones and comply with licensing requirements established by the municipal corporation.

4. The Town Vending Committee must ensure transparency in vendor allocation, and those displaced should be considered for relocation in accordance with space availability and statutory guidelines.

5. Any further grievances must be addressed through appropriate administrative channels before seeking judicial intervention.

The court concluded that the regulatory actions taken were justified in the interest of urban management, public safety, and orderly development.

Case Title: Jamal K.M. v. State of Kerala & Others  and connected cases
Case Number: W.P.(C). No. 21401 of 2019 & Connected Cases
Bench: Justice A.K. Jayasankaran Nambiar

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