Dismissed

M.B. Biju Kumar v. the Travancore Devaswom Board

Kerala HC1 Nov 2013WP(C)/26520/2013

Case brief

AI extract

What is this about?

Petitioner, a devotee, challenged the auction of open space for temporary stalls near Pandalam temple, claiming it blocked free passage. The High Court dismissed the writ petition, finding the arrangements temporary and causing no inconvenience to the public during the festival season.

What did the court decide?

The writ petition was dismissed without any order of interference regarding the auction arrangements.

M.B. Biju Kumar Vs the Travancore Devaswom Board — Writ and Judicial Review | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 1ST DAY OF NOVEMBER 2013/10TH KARTHIKA, 1935 WP(C).No. 26520 of 2013 (L)

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PETITIONER:

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M.B. BIJU KUMAR MUKADIYILTHEKKETHIL, MANGARAM, PANDALAM PATHANAMTHITTA.

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BY ADV. SRI.K.B.ARUNKUMAR

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RESPONDENTS:

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THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, TDB BUILDING NANTHANCODE, THIRUVANANTHAPURAM 695 011.

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THE COMMISSIONER TRAVANCORE DEVASWOM, TDB BUILDING, NANTHANCODE THIRUVANANTHAPURAM 695 011.

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THE ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM, ARANMULA, PATHANAMTHITTA 689 533.

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THE ADMINISTRATIVE OFFICER VALIYAKOICKAL DEVASWOM, PANDALAM PATHANAMTHITTA 689 501.

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BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 26520 of 2013 (L)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1. PHOTOGRAPHS OF THE SITE WHERE THE STALLS ARE CONSTRUCTED NEAR THE STEPS BY BLOCKING THE PATHWAY OF THE DEVOTEES.

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EXHIBIT P2. COPY OF THE AUCTION NOTICE PUBLISHED BY THE 3RD RESPONDENT DATED 22.10.13.

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RESPONDENTS' EXHIBITS : NIL.

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// True Copy //

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PA to Judge

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T.R.RAMACHANDRAN NAIR

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B.KEMAL PASHA, JJ.

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W.P.(C) No.26520 of 2013 L

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Dated this the 1^st day of November, 2013

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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Ramachandran Nair, J.

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The petitioner is claiming to be a devotee of Pandalam Valiyakoickal Sree Dharma Sastha Temple. He is aggrieved by the steps taken by the Travancore Devaswom Board to conduct auction of open space for temporary stalls near the temple premises. According to the petitioner, the location of the temporary stalls is creating difficulties to the devotees that they will not get a free passage to reach the temple.

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We heard the learned Standing Counsel for the

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Board, who submitted that such arrangements have been made only because of the Mandala-Makaravilakku season and there is

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WPC.26520/2013

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: 2 :

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no inconvenience to the devotees and other members of the public.

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Even though the learned counsel for the petitioner vehemently submitted that atleast 6 feet passage will have to be left, we are of the view that this is not a matter where this Court can interfere. Learned Standing Counsel for the Board submitted that all the arrangements are being made temporarily in view of the ensuing festival season, which will commence on 16.11.2013. In that view of the matter, we do not find any reason

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to interfere with the matter.

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Writ petition is accordingly dismissed.

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Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/01/11

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// True Copy //

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PA to Judge

M.B. Biju Kumar v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

M.B. Biju Kumar v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

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