Vending Zones Not Finalized For Their Relocation: Kerala HC Quashes Eviction Notice Issued Against Street Vendors By Kollam Corporation
The Court directed the authorities to implement the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
The Kerala High Court quashed eviction notices issued against street vendors by Kollam Corporation after noticing that it has not finalized vending zones for their relocation.
The Court directed the authorities to implement the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (the Act).
A Division Bench of Chief Justice Nitin Jamdar and Justice S Manu held, “Therefore, we find that the action of the Respondents in seeking to remove the Appellants, who were included in the list as far back in the year 2016, purportedly to implement the safety protocols of the KSDMA, is, in the facts and circumstances of the case, in complete violation of the Act of 2014 and the Scheme.”
Advocate P.Sivaraj represented the Appellants, while Senior Government Pleader V. Tekchand appeared for the Respondents.
Brief Facts
The Appellants were operating their street vending business near a District Hospital. They had approached the Court challenging an eviction notice issued by the Authorities citing a report by the KSDMA. The Single Bench had dismissed their Petition.
The Appellants contended that they could not be treated as trespassers and had legal protection under the Act. They argued that the Kollam Municipal Corporation had not constituted a Town Vending Committee, failed to designate vending zones, and had not issued vendor licenses as required under the law. They also asserted that the claim regarding their proximity to an oxygen plant was incorrect and relied on a Fire and Safety Report stating that other shops were located closer than their vending spots.
Court’s Reasoning
The Court noted that the Act mandated a survey of street vendors and prohibited eviction or relocation until certificates of vending were issued. The Court referred to Section 3(3) of the Act, which stated that no street vendor shall be evicted or relocated until the survey is completed and vending certificates are issued.
“The above-mentioned statutory provisions show that the Legislature, recognizing the vulnerable position of street vendors, has conferred certain rights while regulating their activities, including prescribing the manner of their relocation. The Act of 2014 mandates forming a Town Vending Committee, a street vending plan every five years, and framing of a regulatory scheme. The Act safeguards street vendors' livelihood and social security by mandating their registration and issuing certificates and identity cards,” it remarked.
“Undoubtedly, there may be cases where there is a need for immediate action for the purpose of disaster management. It could be argued that, in certain grave and emergent situations, it may be necessary to remove street vendors. But it cannot be used as a ruse to bypass the statutory rights under the Act of 2014 and the Scheme. Such action will have to be reconciled with the provisions of the Act of 2014 and the Scheme which contemplates relocation. If the Appellants had to be relocated on an urgent basis, the relocation had to be in another vending zone. This could not have been done due to the failure of the Respondent – Corporation to finalise the vending zones,” the Court explained.
Consequently, the Court set aside the eviction notice and quashed the Single Bench’s Judgment and directed the Kollam Municipal Corporation to take action in accordance with the provisions of the Act and the Kerala Street Vendors (Protection of Livelihood, Regulation of Street Vending and Licensing) Scheme, 2019.
Cause Title: Mahadevi & Anr. v. Sub Divisional Magistrate/Revenue Divisional Officer & Anr. (Neutral Citation: 2025:KER:11372)
Appearance:
Appellants: Advocate P.Sivaraj and Megha M.S.
Respondents: Senior Government Pleader V. Tekchand; Advocate S.Sreekumar