JAMAL K.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is one among a batch of writ petitions that deal with the issue of regulation of street vendors within the limits of the Cochin Corporation. Owing to the lockdown announced by the Central and State Governments in response to the COVID Pandemic, this Court has been functioning with limited resources to attend to urgent matters through videoconferencing. While so, the Amicus Curiae appointed by this Court in the batch of writ petitions, Dr. K.P.Pradeep, has filed a report bringing to the notice of this Court the plight of the street vendors during the lockdown period. In particular, it is pointed out that the street vendors have not been able to earn their livelihood through vending activities and, as a result, their families are deprived of food and other essential commodities, including medicines. It is further stated that while the State Government has announced various relief measures for other vendors who were carrying on business in the State, the street vendors have been selectively discriminated and denied the benefits of such relief measures.

(2.) Although the issue projected through the report is not directly connected to the main issue that is being considered by this Court in the batch of writ petitions viz. the regulation of street vending within the limits of the Cochin Corporation, permission was granted to the Amicus Curiae to move this Court for urgent orders, taking note of the fundamental rights of the street vendors that would likely be breached if urgent action was not taken. Further, inasmuch as this Court is functioning with limited manpower and resources during the lockdown period, the Registry was directed to post only one among the batch of cases today, in a representative capacity, so that suitable directions could be given to the respondents in respect of all street vendors operating within the Cochin Corporation limits.

(3.) I have heard Sri. Kaleeswaram Raj, the learned counsel for the petitioner, Smt. T.B.Mini, the learned counsel for the writ petitioners in W.P.(C).No.35001/2019 and other similar matters, Dr. K.P. Pradeep, the learned Amicus Curiae, Sri. S. Sudheesh Kumar, the learned counsel for the Cochin Corporation and Sri. Ranjit Thampan, the learned Additional Advocate General, duly assisted by Sri. P. Narayanan, the learned Senior Government Pleader.