IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33016 of 2008(E) ------------------------------------ PETITIONER: ------------------ A.R.VENU, S/O RAGHAVAN, AMBALATHINU KIZHAKKETHIL, THULAPPALLY.P.O, PAMBAVALLY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.K.SREENARAYANA DAS SRI.B.PRAMOD RESPONDENT: -------------------- 1. THE TRAVANCORE DEVASWOM BOARD,NANDANKAD, THIRUVANANTHAPURAM-3, REP.BY ITS SECRETARY. 2. THE EXECUTIVE OFFICER, SABARIMALA DEVASWOM, TRAVANCORE DEVASWOM BOARD, SABARIMALA. 3. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANKOD, THIRUVANANTHAPURAM-3. BY STANDING COUNSEL SRI V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.33016 OF 2008 -------------------------------- Dated this the 14th day of November, 2008 JUDGMENT Raman,J. Petitioner seeks for a direction to the respondents not to permit any unauthorised business near the plots taken on auction by him. According to the petitioner, he bid in auction Serial Nos.251 and 258 in Ext.P1 Kuthakavivaram. These plots are situated at prominent locations at Nilakkal. Petitioner bid in auction with a view to conduct business in the said plots during Sabarimala Pilgrimage season. According to him, he quoted a very high amount of Rs.2 lakhs and Rs.4,11,000/- respectively for the plots, having due regard to the prominence of the locations of the plots. His present grievance is that unauthorised stalls are being constructed near the plots taken on auction by him and in spite of the matter being brought to the notice of the authorities, no action is taken. -2- WP(C).No.33016/2008 2. When the matter came up for consideration before us, the learned Standing Counsel for the Board sought to get instruction in the matter. Thereafter, a statement is also filed. 3. The Standing Counsel has filed a memo producing a report of the Assistant Engineer addressed to the Executive Engineer referring to the complaint made by the petitioner. It is stated in the report that Stall No.7 (Serial No.253) which is stated to be unauthorisedly constructed is not correct and the said stall has been constructed only in the plots ear-marked. Therefore, the alleged unauthorised construction is actually incorrect. On a query from the Court, the counsel submitted that the petitioner is not desirous of getting refund of advance paid, which shows that he still wants to continue with the allotment of space in his favour. In such circumstances and in the absence of anything to show that there are unauthorised constructions, this writ petition lacks merit. Dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.