Court Balances Pedestrian Rights with Street Vendors' Livelihood, Orders Municipality to Earmark Vendor Zones and Police to Ensure Unobstructed Access to Shops
In a landmark judgment delivered on September 30, 2026, the Kerala High Court reaffirmed the fundamental right of citizens to walk on demarcated footpaths under Articles 19(1)(d) and 21 of the Constitution of India. The writ petition filed by Jalaja M., co-owner of commercial properties in Payyanur town, Kannur district, highlighted the illegal occupation of a verandah adjoining her shops and the encroachment of the public footpath by street vendors and others, which obstructed ingress and egress to her shops and hindered pedestrian movement.
The Court recognized that while the economic vulnerability of street vendors and their right to livelihood must be acknowledged, such rights cannot override the fundamental right of pedestrians to safe and unobstructed passage on footpaths. It was observed that the public footpath, meant exclusively for pedestrians, was being routinely encroached upon, forcing pedestrians onto narrow, busy roads and causing safety hazards.
Drawing upon the Supreme Court's recent precedent in Maniyar Ilayaz @ Shaik Riyaz v. P. Ayyappan (2026), the Court emphasized that the right to walk on footpaths is intrinsic to the fundamental freedoms guaranteed by the Constitution. Authorities such as the Municipality and the police have a correlative duty to demarcate, maintain, and protect footpaths from illegal encroachments, thereby safeguarding pedestrian rights.
The Court directed the District Police Chief and the Municipality of Payyanur to provide immediate police protection to the petitioner against obstruction by the encroachers, particularly the 4th respondent who had unlawfully occupied the verandah and adjoining footpath. The respondents were ordered to ensure the removal of all illegal obstructions affecting the petitioner's shops and to prevent any future encroachment.
Importantly, the Court mandated the Chairperson of the Municipality to convene a high-level meeting of all stakeholders, including police and municipal officials, within one month to formulate a practical and humane solution. This solution must ensure that street vendors are not allowed to occupy footpaths, but are provided designated vending zones where they can carry on their livelihood without infringing on pedestrian rights.
The judgment sets a significant precedent by balancing constitutional rights-affirming that pedestrian access is paramount, while also upholding the dignity and livelihood of street vendors through structured municipal planning. Citizens were also empowered to report violations, with the assurance that authorities will act promptly to remove encroachments.
This decision highlights the evolving judicial recognition of urban challenges, urging municipal bodies to adopt inclusive, practical approaches to urban planning that respect both fundamental rights and socio-economic realities.
Bottom Line:
Constitutional Law - Right to walk on demarcated footpaths is a fundamental right - Municipality and police are duty bound to prevent encroachment on footpaths and obstruction to ingress and egress to private shops - While protecting pedestrians' rights, authorities should also earmark a place for street vendors so that their livelihood is not denied.
Statutory provision(s): Constitution of India 1950 Articles 19(1)(d), 21, 226
Jalaja M. v. District Police Chief Office, Kannur, (Kerala) : Law Finder Doc Id # 2992021
