IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28694 of 2008(N) -------------------------- PETITIONER(S): --------------- K.F. NOUSHAD, GENERAL SECRETARY, PEOPLE'S MOVEMENT FOR HUMAN RIGHTS, PUVAKKARA P.O., MANNAR, ALAPPUZHA DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. THE DEVESWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVALLA. 3. THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, THRIKKURATTI MAHADEVA TEMPLE, MANNAR P.O., ALAPPUZHA DISTRICT. 4. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. R1 TO R3 BY SHRI K.N.VENUGOPALA PANICKER, S.C. R4 BY G.P. SHRI R. LAKSHMI NARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28694 of 2008-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008. JUDGMENT Raman, J. The petitioner submits that the Devaswom road leading to the Devaswom Board College is situated close to Parumala Church. However, there is a festival season in that church which falls on the 1st and 2nd of November, only for two days. Taking advantage of the festival season, it is alleged that respondents 1 and 3 are conducting an auction to let out the portion of the road leading to the college to street vendors. Though representations have been made to the District Collector, no action is taken. Hence, this writ petition. 2. Learned Standing Counsel appearing for the Travancore Devaswom Board submits that the auction is conducted by the Parent – Teacher Association of the College and not by the officers of the Devaswom Board. Further, we find that even if no auction is conducted, that will only lead to occupation by anybody in the road. Especially when there is a festival season in a church people cannot be prevented from reaching the said place. Naturally, in a place where there is a crowd, the vendors will WPC 28694/2008 -2- also come because that is the only occasion where they will be able to sell their commodities. It is actually adding the festive colour of a festival. Further, we do not find that any of the rights of the petitioner is affected. The writ petition is without any merit and the same is dismissed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/