Street Vendors Act Not Applicable In Panchayat Areas, No Protection Orders Can Be Passed: Kerala High Court

The Kerala High Court has held that Panchayat does not come under the definition of 'Local Authority' under Section 2(1)(c) of the Street Vendors (Protection of livelihood and Regulation of Street Vending Act.Justice Mohammed Nias C P, delivered the judgment in a petition filed by a street vendor seeking issuance of a certificate of vending in Thamarassery Grama Panchayat. The counsel for the petitioner contended that the 'Local Authority' under the Street Vendors Act includes other bodies entitled to function as a local authority in any city or town to provide civic services. Relying on the decision in Sajjad and Others v State of Kerala and Other [2018 KHC 804], the State contended that Grama Panchayat would not fall within the definition of the 'Local Authority' for the purpose of the Act and Rules. It was also submitted that the petitioner has been occupying NH-766 from Kozhikode to Kollagal, which is the busiest stretch of Thamassery Bazaar, causing traffic congestion leading to frequent complaints from the public. The Court observed that since the area in question is a Grama Panchayat, it does not fall under the definition of 'Local authority' within the meaning of Section 2(1)(c) of the Street Vendors Act. “Since there is no dispute that the area in question is a Grama Panchayat, as held by this Court in Sajjad (supra) 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.” the Court noted. It thus held that prayers sought in the petition cannot be granted since the Act does not apply in the area. The Court disposed of the petition noting that the petitioner can file an application for conducting trading in a mobile cart without obstructing the traffic or pedestrians before the Panchayat and the Panchayat can take a decision in accordance with the law. Case Title: Musthafa K v State of Kerala and Ors. Case No: WP(C) 37856/ 2024Citation: 2025 LiveLaw (Ker) 768Counsel for Petitioner: Sheji P Abraham, Abraham JosephCounsel for Respondents: Surya Penoy (Sr. GP), Vinod Singh Cheriyan, T M Khalid, K P SusmithaClick Here To Read/ Download Judgment

Street Vendors Act Not Applicable In Panchayat Areas, No Protection Orders Can Be Passed: Kerala High Court

Anamika MJ

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