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2025 DIGILAW 149 (KER)

Jamal K. M. , S/o. Late P. M. Muhammed Kunju v. State Of Kerala, Represented By Secretary To Government, Department Of Local Self Government Secretariat, Thiruvananthapuram

2025-01-31

A.K.JAYASANKARAN NAMBIAR

body2025
JUDGMENT : (A.K. Jayasankaran Nambiar, J.) This batch of writ petitions concerns the issue of regulation of street vending activities within the limits of the Kochi Municipal Corporation. Writ petitions have been filed both by persons aggrieved by the attempts of the Municipal Corporation to prevent them from carrying on their street vending activities, as also by resident associations aggrieved by the proliferation of unlicensed street vendors carrying on vending activities in their residential areas. 2. The writ petitions have been pending since 2019, primarily on account of the fact that the legislative regime for regulating the activities of street vendors had not been effectively implemented in the State. The legislative regime envisaged is discernible from 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 (hereinafter referred to as “The Act”, “The Rules” and “The Scheme” respectively for brevity). The object of the said regime is to protect the rights of urban street vendors and to regulate street vending activities and matters connected therewith or incidental thereto. 3. Towards ensuring an effective implementation of the legislative regime within the limits of the Kochi Municipal Corporation it was felt necessary to first streamline the functioning of the Town Vending Committee of the Municipal Corporation so that important functions, such as the preparation of the plan for street vending and identification of existing street vendors and issuance of certificates of vending to them, could be carried out by the said committee. An Amicus Curiae – Dr. K.P. Pradeep - was also appointed to assist the court by monitoring the effective implementation of its orders. It was also realized that an effective regulation of street vending activities, and rehabilitation of those street vendors found operating in areas identified as non-vending zones, can be achieved only after a street vending plan, that identifies vending and non-vending zones, is first prepared by the Municipal Corporation. This Court, therefore, passed various orders in these writ petitions, regulating the street vending activities within the Kochi Municipal Corporation limits till such time as the Street Vending Plan for the Kochi Municipal Corporation was notified by the Government. 4. This Court, therefore, passed various orders in these writ petitions, regulating the street vending activities within the Kochi Municipal Corporation limits till such time as the Street Vending Plan for the Kochi Municipal Corporation was notified by the Government. 4. A brief chronology of the significant orders passed by this Court in the last five years reads as follows: - Order dated 24.01.2020 : The Divisional Councillors of each division of the Cochin Corporation were asked to identify the street vendors operating within the territorial limits of their respective divisions and to submit a list of such persons before the Town Vending Committee constituted in terms of the Rules within three weeks. The Corporation was also directed to publish, within that time, a summary of the Scheme notified by the State Government, in at least two local newspapers having circulation within the area of the Corporation and further, to ensure that the necessary bye-laws in conformity with the Scheme, as required under Section 37 of the Act, are framed by it within two months. The Assistant Commissioners of Police (Traffic) West and East were directed to consider the areas identified by the Corporation as possible vending zones, and submit their suggestions after conducting a joint inspection of the areas along with the representatives of the Corporation and the Greater Cochin Development Authority (GCDA). - Order dated 19.02.2020: The court took note of the lists of street vendors, prepared and submitted by each of the Divisional Councillors before the Town Vending Committee, and directed the latter committee to compare the names in the said lists, with the names in the lists earlier prepared by the Corporation, and prepare a fresh list of street vendors, division-wise, after excluding the duplicate entries therein. For the said purpose, the committee was directed to convene a meeting on 26.02.2020 making it clear that in the said meeting the Amicus Curiae was also to be permitted to participate. Further, in partial modification of the earlier order, the Police, Corporation and the GCDA were asked to first identify areas within the Cochin Corporation limits that could be designated as non-vending zones so that the remaining areas could be categorized as vending zones and subjected to varying degrees of regulation. Further, in partial modification of the earlier order, the Police, Corporation and the GCDA were asked to first identify areas within the Cochin Corporation limits that could be designated as non-vending zones so that the remaining areas could be categorized as vending zones and subjected to varying degrees of regulation. - Order dated 28.02.2020 : Taking note of the delay occasioned in complying with some of the directions issued in the earlier order dated 19.02.2020, some more time was granted to the Corporation to comply with the said directions. As for the preparation of the final list of street vendors, the Corporation was directed to publish the division-wise consolidated list prepared by them in the notice boards of the six zonal offices of the Corporation. It was also directed to publish a public notice in two vernacular dailies having circulation within the Corporation limits, as also on the website of the Corporation, indicating that those persons who claimed to be street vendors, and whose names do not find place in the consolidated list prepared by the Corporation, can submit their claim for inclusion in the list of street vendors before the Convenor, Town Vending Committee, at the office of the Cochin Corporation, within a period of one month from the date of the public notice. The notice had to make it clear that applications received after the said period of one month would not be considered for inclusion in the consolidated list of street vendors prepared by the Corporation. - Before the directions in the above order could be implemented, a nation-wide lockdown was imposed in the wake of the COVID 19 pandemic. The lockdown and similar restrictions continued for well over a year and hence, a continuation of the steps taken earlier could be attempted only from February, 2021. - Order dated 26.02.2021: The standing counsel of the Cochin Corporation was directed to file a statement showing the steps taken pursuant to the order dated 28.02.2020 so that further directions could be issued in the matter. - Order dated 26.02.2021: The standing counsel of the Cochin Corporation was directed to file a statement showing the steps taken pursuant to the order dated 28.02.2020 so that further directions could be issued in the matter. Taking note of development activities undertaken within the Cochin Corporation, primarily at the instance of the Cochin Smart Mission Limited, and finding that the developments proposed and then underway would have a bearing on the declaration of areas as ‘vending zone’ or ‘non-vending zone’, the said Cochin Smart Mission Limited was impleaded as an addition respondent in W.P. (C).No.21401/2019, which was treated as the lead case in this batch of writ petitions. - Order dated 05.03.2021: The statement filed on behalf of the Cochin Corporation was taken on record wherein it was averred that the Secretary of the Corporation had published a summary of the Scheme in the Malayala Manorama Newspaper. Further that the Bye-Laws in conformity with the scheme had also been prepared and approved by the Town Planning Standing Committee and submitted before the Council for approval. The Corporation was also directed to ensure that no persons, other than those who had been identified and included in the list prepared by the Corporation, were permitted to carry on street vending activities within the limits of the Corporation. The Cochin Smart Mission Limited was directed to undertake a study to identify those areas covered by their developmental activities that ought to be declared as ‘non-vending zones’ considering the aims and objectives of the projects undertaken by them for the City of Cochin. - Order dated 16.07.2021: The Corporation was directed to finalise the list of street vendors, as approved by the Town Vending Committee, and publish zone-wise lists on the Corporation notice board, as well as in each of the zonal offices of the Corporation on or before 12.08.2021. Those street vendors whose names did not find mention in the final lists of street vendors published by the Corporation were given an opportunity to prefer applications for vending licences within 30 days of publication of the final list by the corporation. The Corporation was directed to consider and pass orders on the said applications within 15 days of receipt of such applications. The Corporation was directed to consider and pass orders on the said applications within 15 days of receipt of such applications. It was made clear that such applicants for vending licences would discontinue their vending activities on expiry of 30 days from the date of submission of their applications for licence or on receipt of an order from the Corporation rejecting their applications, whichever is earlier, and that they could thereafter commence vending activities only after obtaining a vending licence from the Corporation and strictly in accordance therewith. The Centre for Socio-economic & Environmental Studies (CSES), an accredited agency identified by the State Government, and with whom the Corporation had entered into an agreement for the purposes of conducting a survey and preparing a street-vending plan, was directed to complete their study and finalise the proposed street-vending plan on or before 12.08.2021. It was also clarified that the draft Street Vending Plan prepared by the CSES, if approved by the Cochin Corporation, shall be seen as the approved plan for the purposes of the Act. - Order dated 12.11.2021: Taking note of the stage of processing of applications for street vending by the Corporation, it was directed to complete the process of issuance of identity cards and certificates of vending to the identified street vendors by 30.11.2021. It was made clear that effective 01.12.2021, only such street vendors, as have obtained the certificates of vending from the Town Vending Committee of the Corporation, shall be permitted to carry on street vending activities within the limits of Cochin Corporation. Those who were desirous of applying for a certificate of vending were given the liberty to apply for the same before the Corporation with the caveat that they could commence vending activities only after obtaining the certificate of vending. To assist the Corporation in ensuring that no unlicensed street vending activities were carried on after 01.12.2021, the District Collector, Ernakulam and the Commissioner of Police, Kochi City were impleaded as additional respondents in W.P.(C).No. 21401/2019. To assist the Corporation in ensuring that no unlicensed street vending activities were carried on after 01.12.2021, the District Collector, Ernakulam and the Commissioner of Police, Kochi City were impleaded as additional respondents in W.P.(C).No. 21401/2019. - Order dated 03.12.2021: The Court took note of the progress of issuance of certificates of vending to identified street vendors and also directed that ‘Jagratha Samithi’s’ be constituted in each division of the Cochin Corporation comprising of (i) The Divisional Councillor as its Convenor, (ii) The Station House Officer of the jurisdictional Police Station, and (iii) a representative of either the residential association or the recognised association representing the commercial establishments in the area, depending on the nature of the area. It was to be the responsibility of the Jagratha Samithi to conduct periodical surveillance of the area to ensure that only those street vendors, who have been issued a certificate of vending by the Corporation, carry on street vending operations in the respective area. Cases of unlicensed vending activities were to be reported to the Corporation. - Order dated 04.01.2022: Taking note of the fact that, as on 30.12.2021, the Corporation had already issued certificates of vending to 1070 persons and that a further, 1589 persons had been identified by the sub-committee of the Town Vending Committee as persons entitled to certificates of vending based on applications received by the committee during the period from 23.11.2021 to 05.12.2021, the Corporation was directed to immediately issue provisional certificates of vending to the said 1589 persons subject to a scrutiny being undertaken by the Corporation through the Kudumbasree and the Jagratha Samithi’s under the overall supervision of the Health Department of the Corporation. It was directed that the provisional certificates of vending so issued clearly indicate thereon that the said certificate would be valid only for a period of one month and that the continuance of vending activities by the holder of the certificate thereafter would depend upon whether or not they are found eligible in the scrutiny procedure. The Corporation was also directed to publish the list of persons whose application for certificate of vending had been rejected by the Corporation, so that they could pursue their appellate remedies against the rejection in terms of the Act and Rules. The Corporation was also directed to publish the list of persons whose application for certificate of vending had been rejected by the Corporation, so that they could pursue their appellate remedies against the rejection in terms of the Act and Rules. It was also directed that with effect from 10.01.2022, the Corporation shall ensure that only such persons, who possess a certificate of vending issued by the Corporation, either provisional or regular, shall carry on vending activities within the Corporation limits. The holders of the certificates of vending were directed to ensure that the certificate is carried by them at all times when they are engaged in street vending activities and shown to the Corporation/Law Enforcement personnel when demanded. The Jagratha Samithi’s were also directed to keep strict vigil and report cases of unauthorised street vending activities to the Corporation. - Order dated 28.01.2022: With a view to effectively monitoring the street vending operations within the limits of the Kochi Municipal Corporation, it was deemed necessary to form a Committee comprising of (i) The District Collector, Ernakulam; (ii) The City Police Commissioner, Kochi; (iii) The Amicus Curiae Dr. K.P. Pradeep; (iv) The Mayor of the Kochi Municipal Corporation and (v) The CEO, CSML and entrust with them the task of regularly monitoring street vending activities within the Corporation limits. It was directed that the Committee would receive regular reports from the Municipal Corporation, its Town Vending Committee and the Jagratha Samithi's set up in each division and promptly take action to prevent unauthorised street vending within the Corporation limits including issuing of strict directives to authorised vendors to display their vending certificates. The Committee was also directed to convene monthly for the purposes of effective monitoring of the street vending activities. The City Police Commissioner was directed to promptly assemble a special team to investigate into activities of illegal networks that were alleged to be supporting unauthorised street vending and monthly progress reports were directed to be submitted before this Court. The Municipal Corporation, District Collector and Police authorities were also specifically directed to ensure that all notices issued to unauthorised individuals during eviction drives from unlawfully occupied locations must contain clear reasons for the action taken. It was also made clear that steps for removing unauthorised vendors from the streets must also be commenced and continued promptly. The Municipal Corporation, District Collector and Police authorities were also specifically directed to ensure that all notices issued to unauthorised individuals during eviction drives from unlawfully occupied locations must contain clear reasons for the action taken. It was also made clear that steps for removing unauthorised vendors from the streets must also be commenced and continued promptly. The Kochi Corporation was also directed to extend the validity of the provisional certificate of vending issued to 1589 persons by a further period of one month, which was to expire on 04.03.2022. - Order dated 18.02.2022: As a follow up to the earlier order dated 28.01.2022, the Monitoring Committee was directed to ensure that all vending activities were carried on only by the holder of the certificate of vending or his/her family member and further that vending activities on footpaths were restricted only to areas where with the footpath width exceeded 3 meters so as to ensure ample space for pedestrians to walk without obstruction. It was also made clear that the facilities designed for guiding differently abled persons could not be obstructed in any manner. The vending activities were also directed to be limited to an area of 15-25 square feet, depending on the nature of the activity. - Order dated 31.03.2022: The Kochi Municipal Corporation was directed to issue regular certificates and photo Id cards to the 1350 persons who held provisional certificates of vending. As regarding pending applications for certificates of vending, the Town Vending Committee was directed to scrutinize and process the said applications and pass orders on them within a period of two months. - Order dated 07.04.2022: The Kochi Municipal Corporation was directed to ensure that a division-wise list of those street vendors who had been issued certificates of vending, either provisional or final, were published in the website of the Corporation within a period of two weeks. It was made clear for the purposes of effective monitoring of street vending activities that the law enforcement agencies must permit only valid certificate holders to engage in street vending activities within the Corporation limits and those who only had an Id card would not be permitted to engage in street vending activities. It was made clear for the purposes of effective monitoring of street vending activities that the law enforcement agencies must permit only valid certificate holders to engage in street vending activities within the Corporation limits and those who only had an Id card would not be permitted to engage in street vending activities. - Order dated 04.05.2022 : Taking note of the variants in the number of vendors who have issued vending certificates as mentioned in the reports prepared by the Secretary of the Kochi Corporation and the Amicus Curiae, a direction was given to the Standing Counsel for the Kochi Corporation to compare the two figures in the two reports and agree upon a final figure regarding the number of persons issued with vending certificates by the Corporation. The Secretary of the Kochi Corporation was also directed to promptly notify all eligible street vendors to collect their vending certificates if they had not already obtained the same. The necessity of displaying the certificates at vending locations and presenting them to authorities upon request was emphasised in the order of this Court and additionally, the Secretary of the Corporation was also requested to issue a public notice regarding the same without delay. - Order dated 27.05.2022 : The Court accepted a list furnished by the Amicus Curiae of bunk owners stated to be operating within the Kochi Corporation limits under other Schemes of the Corporation/Government and directed the Monitoring Committee to cross verify the identity of the existing street vendors with the list of 3520 eligible persons maintained by the Corporation as also the list of 250 bunk owners maintained by the Corporation. - Order dated 17.06.2022: The Kochi Municipal Corporation was directed to remove the names of 745 individuals who were found entitled to vending certificates and photo Id cards but had neither responded to the notices issued by the Corporation nor submitted necessary documents as required by the Corporation, from the list of authorised vendors published by the Corporation. By way of abundant caution, the Corporation is also directed to publish a division-wise list of deleted persons on the Corporation website so that any person aggrieved by the said action could approach the Corporation with the necessary documentation and seek a restoration of their status as authorised street vendors. By way of abundant caution, the Corporation is also directed to publish a division-wise list of deleted persons on the Corporation website so that any person aggrieved by the said action could approach the Corporation with the necessary documentation and seek a restoration of their status as authorised street vendors. - Order dated 22.07.2022: The Monitoring Committee constituted by the Court was directed to ensure that in the immediate aftermath of every eviction drive that they conducted, the respective Jagratha Samithi's in the areas would maintain heightened vigil against the re-occupation of those premises by unlicensed vendors and promptly report any such instance to the Monitoring Committee. The said direction was issued to provide for immediate action to remove illegal operators from the vending area. - Order dated 30.09.2022: The Monitoring Committee was directed to ensure that till such time as the Corporation finalised the vending zones and the vending plan, wherever street vendors were violating the Rule regarding operating on footpaths less than 3 meters wide, they had to direct the vendor to the closest spot nearby where the footpath was wider than 3 meters. - Order dated 25.11.2022: The Court was informed by the Secretary, Local Self Government Department that the Scheme for street vending had been finalised after carrying out certain amendments to the erstwhile Scheme that was notified and the amended Scheme was notified through Notification dated 17.11.2022. - Order dated 07.07.2023 : The Court took note of the submission made on behalf of the Kochi Municipal Corporation that in the Council meeting held on 30.06.2023 it had approved the Street Vending Plan. The Court also directed the Enforcement Squad to include testing using mobile testing laboratories as part of the inspection routine among street vendors especially those vending in food articles. - Order dated 31.07.2023 : Based on the 21st Report of the Amicus Curiae, the Kochi Municipal Corporation was directed to conduct a re-verification of 134 bunk owners to determine their current status and whether or not they were still operational. It was also directed that unauthorised vending bunks, if and when identified by the Town Vending Committee of the Corporation had to be removed promptly after affixing a notice thereon indicating that the bunks would be removed within 48 hours from the time of affixation of the notice. It was also directed that unauthorised vending bunks, if and when identified by the Town Vending Committee of the Corporation had to be removed promptly after affixing a notice thereon indicating that the bunks would be removed within 48 hours from the time of affixation of the notice. The City Police Commissioner was also directed to instruct the Station House Officers who were members of the various Jagratha Samithi's, to submit monthly reports to the Monitoring Committee appointed by the Court. - Order dated 27.03.2024 : Sri.A.Balagopalan was appointed as the new Amicus Curiae and Convener of the Monitoring Committee constituted by the Court. 5. It will be seen from a perusal of the orders passed by this Court thus far that, with a view to have an effective implementation of the Scheme prepared by the State Government in terms of the Act, directions were issued to the Kochi Municipal Corporation from time to time to comply with the procedural mandate of the Act, Rules and Scheme so that the street vendors operating within its territorial limits could be clearly identified and issued with certificates of vending that would enable them to carry on street vending activities in the area earmarked in the certificate issued to them, subject to the conditions stipulated therein. The above directions were deemed necessary since the Street Vending Plan envisaged under Section 21 of the Act had not been finalised and notified, and in its absence, there could not have been any effective regulation for street vending activities carried on by the Kochi Municipal Corporation. 6. It is with a sense of relief that this Court now finds that the Street Vending Plan under Section 21 of the Act has been finalised and notified by the State Government through G.O.No.77/2024/LSGD with effect from June 27, 2024. Under the said circumstances, the time is ripe for entrusting the future regulation of street vending activities within the Kochi Municipal Corporation limits to the respective authorities specified under the Act, Rules and Scheme. Under the said circumstances, the time is ripe for entrusting the future regulation of street vending activities within the Kochi Municipal Corporation limits to the respective authorities specified under the Act, Rules and Scheme. To enable the said authorities to function effectively, the Monitoring Committees and the Jagratha Samithi's put in place by this Court during the pendency of these writ petitions shall continue to function as directed by this court for a further period of six months or till such time as the authorities under the Act establish their own regulatory mechanism, in terms of the statutory provision, whichever is earlier. These writ petitions are therefore disposed by directing that (i) Only those street vendors whose names feature in the list of authorised street vendors published by the Corporation and who hold valid certificates of vending and photo Id cards issued by the Corporation shall be seen as authorised street vendors for the purposes of the Act, Rules and Scheme. None, including the petitioners herein, who do not hold a valid certificate of vending and photo Id card issued by the Corporation, shall be permitted to carry on vending operations within the limits of the Kochi Municipal Corporation. It is also made clear that any interim order granted in favour of the petitioners herein, that is inconsistent with the above declaration, stands vacated by this judgment. (ii) All applications seeking the issuance of certificates of vending shall from now on be processed and dealt with by the Kochi Municipal Corporation in accordance with the provisions of the Act, Rules and Scheme, read with the Street Vending Plan notified by the Government. (iii) The Monitoring Committee and the Jagratha Samithi's put in place by this Court during the pendency of these writ petitions shall continue to function as directed by this Court for a further period of six months or till such time as the authorities under the Act establish their own regulatory mechanism, in terms of the statutory provision, whichever is earlier. (iv) The authorities of the Cochin Municipal Corporation shall ensure that the exercise of shifting authorised street vendors currently operating in non-vending zones identified in the approved street vending plan, to the nearest vending zone identified therein, is completed with the aid of the Monitoring Committee, within an outer time limit of three months from the date of this judgment. (iv) The authorities of the Cochin Municipal Corporation shall ensure that the exercise of shifting authorised street vendors currently operating in non-vending zones identified in the approved street vending plan, to the nearest vending zone identified therein, is completed with the aid of the Monitoring Committee, within an outer time limit of three months from the date of this judgment. Before parting with these writ petitions, I must acknowledge the yeomen service rendered by the Amici Curiae – Dr. K.P.Pradeep and Adv. Balagopal whose timely reports helped this court in issuing effective directions to regulate the activities of street vendors operating within the limits of the Kochi Municipal Corporation. I must also acknowledge the assistance received from all the learned counsel who appeared for the parties in these proceedings. But for their co-operation throughout the proceedings, this court would have found it arduous to ensure that the procedures and mechanisms envisaged under the statute, for effective regulation of street vendors, did actually materialize. The writ petitions stand disposed as above.