IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 3030 of 2011(C) ------------------------- PETITIONER(S): --------------- MANOJ.K., AGED 35 YEARS, S/O. VELU, KARUTHEDATH HOUSE, VELLITHIRUTHI DESOM, CHOWANOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM POLICE STATION,KUNNAMKULAM, THRISSUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. BY GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: wpc.3030/11 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY OF SREEKUMARAMKULANGARA BHAGAVATHI KSHETHRAM DT.19.12.2010 TO THE PETITIONER. EXT.P2 - TRUE COPY OF THE REPRESENTATION DT.16.1.2011 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3 - TRUE COPY OF THE REPRESENTATION DT.16.1.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. -TRUE COPY- P.S.TO JUDGE. Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3030 of 2011-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. The writ petition is placed as if it is a complaint of police harassment. We do not find that there is any in that line. It appears that the petitioner wants to espouse the cause of putting up a panthal in connection with some temple festival. The learned Government Pleader says, on instructions, that during the previous years, different political parties were getting involved in putting up the panthal leading to law and order problems, however that, for the current year, it has been agreed by the political parties that they would not get involved in the erection of the panthal or its management. The police officer may be right in saying that any erection, even temporary, in a public road, vested in the Public Works Department or the Local Self Government Institution could be made only with WPC3030/11 -: 2 :- the sanction of the PWD authorities or the Local Self Government Institution. We are also clear in our mind that erection of panthal etc. should not interfere with the rights of the public for free movement. Under such circumstances, we order that the police will ensure maintenance of law and order and would approve the putting up of any panthal only with the appropriate sanction of the competent authority either in the Public Works Department or the Local Self Government Institution, as may be applicable. We clarify that it is ultimately for the police to regulate such matters, even if the petitioner gets involved in such activity. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/0902