Krishna Poduval vs Travancore Devaswam Board … on 15 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22123 of 2010(M)


1. KRISHNA PODUVAL, AGED 64 YEARS,
                      ...  Petitioner

                        Vs



1. TRAVANCORE DEVASWAM BOARD REPRESENTED
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER, PARUR GROUP,

3. THE DISTRICT COLLECTOR, ERNAKULAM.

4. MANOJKUMAR, S/O.BALAKRISHNAN NAIR,

5. PARAKKADAVU GRAMA PANCHAYAT REPRESENTED

                For Petitioner  :SRI.S.SUDHISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :15/07/2010

 O R D E R
                  C .N. RAMACHANDRAN NAIR, &
                        P.S. GOPINATHAN, JJ.
                  --------------------------------------------
                      W. P. C. No. 22123 of 2010
                  --------------------------------------------
                  Dated this the 15th day of July, 2010

                               JUDGMENT

Ramachandran Nair, J.

Petitioner’s case is that based on the licence issued by the

Devaswom Board fourth respondent is constructing temporary sheds

and shops for carrying on business during the Karkadakavavu Festival

blocking the road as well. Standing counsel for the Devaswom Board

submitted that Board auctioned only the Board’s premises for setting up

temporary shops and no Devaswom Officer can permit construction of

sheds on road. Considering the urgency of the matter, we do not think

there is any need for us to issue notice to the fourth respondent because

construction of temporary sheds should not be on public road and

should not in any way prevent traffic on the road or even access to the

temple. Devaswom Officer will ensure that sheds are constructed in

Devaswom properties without obstructing free movement of devotees

for darshan and for gaining access to the temple. If any construction is

made on road or road margin, it is for the Revenue Divisional Officer

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to remove such structures. Petitioner will produce a copy of this

judgment before the RDO and also before the second respondent for

them to ensure that no shed or structure is erected in the land not under

the control of the Devaswom, that too obstructing free access to the

temple. We make it clear that if there is any puramboke land under the

control of the Government, it is for the Government to auction the right

to conduct business therein during the festival season and not for the

Devaswom Board. Further petitioner has no right to construct any shed

or structure on Devaswom or Government property and is free to

construct any shed and do business therein in his private property.

Writ Petition is disposed of as above.

Issue photocopy today itself to both sides.

(C.N.RAMACHANDRAN NAIR)
Judge.

(P.S. GOPINATHAN)
Judge.

kk

WPC 22123/2010    3