IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22123 of 2010(M) -------------------------- PETITIONER(S): --------------- KRISHNA PODUVAL, AGED 64 YEARS, S/O.EASWARAN NAMBOOTHIRI, THEKKEPUTHENPRACKAL, MOOZHIKULAM, KURUMASSERY P.O., ALUVA, PIN-683579. BY ADV. SRI.S.SUDHISH KUMAR SRI.SIBI KARUN SRI.JAISON JOSEPH(KOOTHATTUKULAM) RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWAM BOARD REPRESENTED BY ITS CHIEF COMMISSIONER, NANTHANKODE, THIRUVANANTHAPURAM. 2. THE ASSISTANT COMMISSIONER, PARUR GROUP, TRAVANCORE DEVASWOM BOARD, NORTH PARUR. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. MANOJKUMAR, S/O.BALAKRISHNAN NAIR, KAIMAZHATH, MOOZHIKULAM, KURUMASSERY P.O., ALUVA-683579. 5. PARAKKADAVU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PARAKKADAVU GRAMA PANCHAYAT, PARAKKADAVU-683579, KURUMASSERY P.O. R1 AND R2 BY SC SRI. K.N. VENOGOPALA PANICKER R3 BY G.P. SRI. LAKSHMI NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 WPC 22123/2010 2 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