The Kerala High Court recently held that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, does not apply to areas falling under Grama Panchayats [Musthaffa K v State of Kerala & ors]
Justice Mohammed Nias CP, thus, dismissed a plea filed by a 68-year-old street vendor seeking a vending certificate to continue operating in the Thamarassery Grama Panchayat area.
The Court observed that the protection available under the Street Vendors Act is meant only for vendors operating in urban areas.
"Since there is no dispute that the area in question is a Grama Panchayat, as held by this Court in Sajjad (Sajjad v State of Kerala (2018 KHC 804) it does not fulfil the definition of a 'Local Authority' within the meaning of Section 2(1)(c) of the Street Vendors Act, inasmuch as it is not a local authority functioning in an urban area. The petitioner has to fall within the ambit of the Act to get any protection under the Act. 8. Under such circumstances, the Act has no application and therefore, the prayers sought for in the Writ petition cannot be granted," the Court ruled.
The petitioner, Musthaffa K, sought directions for issuance of a vending certificate to him and enforcement of the rules and a scheme framed by State under the Street Vendors Act.
He stated that he was entitled to the protection under the Act as a street vendor. However, Thamarassery Grama Panchayat opposed his plea, stating that the Street Vendors Act was not applicable to rural local bodies.
The panchayat highlighted that he had encroached the busiest stretch on National Highway 766, by erecting an illegal temporary structure in Thamarassery Bazaar that caused serious traffic congestion.
It was also submitted that the petitioner was not a local resident of the gram panchayat but a migrant from Kannur, and had no lawful entitlement to occupy the national highway or demand a vending certificate.
However, the petitioner's counsel argued that the term 'local authority' under the Act could be interpreted broadly to include bodies providing civic services and regulating land use.
However, the Court rejected this argument, noting that the Act's statutory framework extended protection only to street vendors operating in urban local bodies.
Finding the Act inapplicable, the Court declined to grant the petitioner's prayer. However, it clarified that he can seek permission for mobile vending without obstructing traffic or pedestrians.
Advocates Sheji P Abraham and Abraham Joseph appeared for the petitioner.
Senior Government pleader Surya Binoy appeared for State.
Standing counsel Vinod Singh Cheriyan along with advocates TM Khalid, and KP Susmitha appeared for the Panchayat.
[Read Judgment]