Kerala High Court Rules Against Street Vendor's Petition in Grama Panchayat

Street Vendors Act 2014 Not Applicable to Rural Areas; Grama Panchayat Not a Local Authority

In a significant ruling, the Kerala High Court has dismissed a writ petition filed by Musthaffa K., seeking protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, to carry out street vending activities near Thamarassery Civil Station. The judgment was delivered by Justice Mohammed Nias C.P on October 31, 2025.

Musthaffa K., the petitioner, sought a writ of mandamus directing the Grama Panchayat to issue a vending certificate and implement government-framed rules and schemes to protect street vendors within its jurisdiction. The petitioner also requested permission to conduct street vending without obstructing public movement and traffic.

The High Court, however, ruled that the Street Vendors Act, 2014, is applicable only to urban areas and not to rural regions like Grama Panchayats. Justice Mohammed Nias C.P emphasized that the definition of "Local Authority" under Section 2(1)(c) of the Act does not encompass Grama Panchayats, thus making the Act inapplicable in the petitioner’s case.

The court referenced the judgment in Sajjad v. State of Kerala [2018 KHC 804], reinforcing the conclusion that Grama Panchayats do not qualify as local authorities within the meaning of the Act because they do not function in urban areas. Consequently, the protections and regulations under the Act cannot extend to street vendors operating in Grama Panchayat areas.

The judgment pointed out that the petitioner had occupied a section of National Highway 766, causing significant traffic congestion and public complaints. The Grama Panchayat had decided to remove the illegal occupation, supported by photographs presented in the court.

While dismissing the petition, the court allowed the petitioner the possibility of applying for permission to conduct trading in a mobile cart, provided it does not hinder traffic or pedestrian movement. The Panchayat was directed to consider such applications in accordance with the law and make appropriate decisions.

The judgment underscores the legal distinction between urban and rural jurisdictions concerning street vending activities, highlighting the limitations of the Street Vendors Act, 2014, in addressing the needs of vendors in non-urban locales.

Bottom Line:

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - Grama Panchayat does not fall within the definition of "Local Authority" under Section 2(1)(c) of the Act - Act is applicable only to urban areas and not to rural areas like Grama Panchayat.

Statutory provision(s): Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Section 2(1)(c); Constitution of India, 1950, Articles 243P and 243Q

Musthaffa K. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2803038