[Thrissur Street Vendors Eviction] Kerala High Courts Directs Thrissur Corporation to Defer From Further Action Till Statutory Committee Consider The Matter

The Kerala High Court has closed a plea challenging an eviction order of the Thrissur Corporation, holding that the petitioners would fall under the definition of 'street vendors' as per Section 2 of the Street Vendors Act 2014 and as such, they are empowered to make an application in writing to the committee constituted under Section 20.

The court stated that the petitioners may approach the committee constituted in the Thrissur Corporation for the redressal of their grievances.

“There is a specific grievance redressal mechanism under the Act. I will direct you to approach that mechanism, I will grant you some time” said Justice N Nagaresh.

Section 20 of the Act provides that appropriate government may constitute one or more committees consisting of a chairperson who has been a civil judge or judicial magistrate, and 2 other professionals as may be prescribed for the purpose of deciding the applications received under sub section 2.

The writ petition was filed by a group of street vendors who have been engaged in selling second-hand books in the streets of Thrissur City, mainly Palace Road, for more than 30 years. The petitioners approached the High Court to pass an order directing the respondent from taking any action for eviction of petitioners without providing adequate rehabilitation, relocation and duly complying with the due process of law.

The petitioners had pointed out in the plea that Section 3(3) of the Street Vendors Act provides that no street vendor is to be evicted or relocated until a survey has been conducted, adding that the present attempt at eviction is to “escape from non-compliance of the Act and Rules done on their part and erase all evidence of street vendors in the city by forcible means”.

The counsel for the respondent submitted that a survey had been conducted as per Section 3 of the Street Vendors Act, and a voters list has been published after conducting the survey. The court pointed out that petitioners 2 to 5 are included in the voters list following the survey and as such, the petitioner's assertion would not stand the scrutiny of law.

The court concluded that any coercive actions against the petitioners shall be deferred till the grievance redressal committee takes appropriate decision in the matter, provided that they approach that committee within two weeks.

Plea had been moved by Advocates Vinod PV, D Reetha and Shiyas KR

Case Number: WP(C) No. 8349 of 2024

Case Title: Shamnad N and ors. v. The Corporation of Thrissur Through Secretary and anr.

Case Citation: 2024 LiveLaw (Ker) 169

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