Only Authorised Vendors With Valid ID Cards Can Vend In Kochi Municipal Corporation Area: High Court Issues Directions On Street Vending

1. Only those street vendors whose name is in the list of authorized street vendors published by the Corporation and having the valid certificate and id cards issued by the Corporation shall be seen as authorized street vendors. Only they are permitted to carry vending operations within the limits of Kochi Municipal Corporation.
2. All applications seeking issuance of certificates of vending shall be processed by the Corporation in accordance with the provisions 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.
3. The Monitoring Committee and the Jagratha Samithi constituted by the Court during the pendency of the matter shall continue to function as directed by the Court for a further period of six months or till such time the authorities under the Act establish their own regulatory mechanism, whichever is earlier.
4. The exercise of shifting authorized street vendors currently operating in non-vending zones to the nearest vending zone shall be completed within a period of three months.

The Court was monitoring and issuing periodical directions on the issue of street vending activities in Kochi Municipal Corporation primarily because the State Vending Plan envisaged under Section 21 of the Act had not been finalised.

However, as the Plan has now come into effect from June 27, 2024, the Court with a "sense of relief" said, "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."

Past Orders Passed By the Court

Previously, the Court had directed the Corporation to identify street vendors operating in the area and prepare a division-wise list of the street vendors. Opportunity was also given to those whose name were not included in the list to submit a claim for inclusion.

The Corporation and Greater Cochin Development Authority (GCDA) was asked to find areas that could be designated as non-vending zones so that the remaining areas could be categorized as vending zones. Further, the Court directed the Corporation to give identity cards and certificate to the identified street vendors.

The Court constituted a 'Jagratha Samithi' in each division of the Corporation comprising of the Division Counsellor as its Convenor, the Station House Officer of the Jurisdictional Police Station, a representative of either the residential association or a recognised association representing the commercial establishments in the area. The Jagratha Samithi was entrusted with conducting periodic surveillance of the area to ensure that only authorized street venders carry on vending operations in the area.

A Monitoring Committee was also set up to regularly monitor street vending activities in the Corporation limit. The Committee is comprised of the Ernakulam District Collector, Kochi City Police Commissioner, Amicus Curiae Dr K. P. Pradeep, Mayor of the Municipal Corporation and the CEO of Cochin Smart Mission Limited (CSML). The Monitoring Committee was directed to authorize directives to the street vendors to display their certificate.

Further, directions were given to assemble a special team to investigate into the activities of illegal networks that were alleged to be supporting unauthorised street vending and to submit monthly reports before the Court. The Municipal Corporation, District Collector and Police authorities were asked to issue notices containing clear reasons to unauthorised individuals during eviction drives. It was also directed that eviction drives to removed unauthorised vendors should commence and continue soon.

The Court had also directed the Monitoring Committees to ensure that vending activities on footpaths were restricted only to those footpaths whose width exceeded 3 meters so that pedestrians can walk without obstruction. It was emphasized that the facilities made for guiding differently abled persons should not be obstructed in any manner. The vending activities were also directed to be limited to an area of 15 – 25 square feet.

Directions were also given to the Enforcement Squad to include testing using mobile testing laboratories as part of the inspection routine among street vendors especially those vending food articles. Further directions were given to remove unauthorised vending bunks after giving a 48-hour notice.

The Court had appointed Advocate Dr. K. P. Pradeep and Advocate Balagopal as Amici Curiae to assist the Court.

Case No: WP(C) 21401 of 2019 & Connected Cases

Case Title: Jamal K. M. v State of Kerala and Others & Connected Cases

Citation: 2025 LiveLaw (Ker) 85