Disposed

T.N.Udayablan v. State of Kerala

Kerala HC3 Jan 2018WP(C)/5770/2017

Case brief

AI extract

What is this about?

Petitioner sought directions to secure unobstructed vehicle access to his factory alleging temple arches caused hindrance. Court maintained interim order directing respondents not to create obstructions while permitting temporary arranging for temple processions.

What did the court decide?

Direction to 7th and 8th respondents not to create obstruction; 6th respondent to ensure unobstructed vehicle access allowing temporary facilitation of temple procession.

T.N.Udayablan Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2018)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 3RD DAY OF JANUARY 2018 / 13TH POUSHA, 1939

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W.P(C).No. 5770 of 2017

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PETITIONER

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T.N.UDAYABALAN,

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AGED 55 YEARS, S/O. K.K NARAYANAN, PROPRIETOR, DEVI COIR WORKS,

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NEAR VALAVANADU PUTHENKAVU DEVI TEMPLE,

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POLLAETHAI P.O.

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BY ADVS.C.G.BINDU

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RESPONDENTS

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1. STATE OF KERALA

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REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT,

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COLLECTORATE, ALAPPUZHA, PIN-688 001.

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3. NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY THE EXECUTIVE ENGINEER, OFFICE OF NATIONAL HIGHWAY AUTHORITY, ALAPPUZHA, PIN-688 001.

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4. THE KERALA PUBLIC WORKS DEPARTMENT REPRESENTED BY ITS EXECUTIVE ENGINEER,

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OFFICE OF EXECUTIVE ENGINEER,

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KERALA PUBLIC WORKS DEPARTMENT,

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ALAPPUZHA, PIN-688 001.

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W.P(C).No.5770 of 2017

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----------------------

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5. MARARIKULAM SOUTH GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,

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KATTOOR P.O, KALAVOOR, PIN-680 707.

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*6. STATION HOUSE OFFICER, MARARIKULAM POLICE STATION, S.L PURAM P.O, CHERTHALA, PIN-680 367.

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NAME OF R6 IS CORRECTED AS STATION HOUSE OFFICER, MANNANCHERY POLICE STATION, MANNANCHERY P.O.,

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PIN-688 538. VIDE ORDER DATED 21/02/2017 IN I.A.NO.3029/17.

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7. VALAVANADU PUTHENKAVU DEVI TEMPLE REPRESENTED BY ITS SECRETARY N SURENDRAN, POLLAETHAI P.O., PIN-680 333.

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8. K. SUBHAGAN, PRESIDENT, VALAVANADU PUTHENKAVU DEVI TEMPLE, RESIDING AT GAURIKRISHNA, KALAVOOR P.O., PIN-680 707.

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R1,R2,R6 BY GOVERNMENT PLEADER : SMT.PRINCY XAVIER R5 BY ADV.R.AZAD BABU R8 BY ADV.S.KRISHNAMOORTHY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.5770 of 2017 (U)

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF RENEWAL OF INTEGRATED CONSENT TO OPERATE THE BLEACHING DIVISION ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 30-06-2015.

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EXHIBIT P2 TRUE COPY OF THE RENEWAL OF INTEGRATED CONSENT TO OPERATED THE DRYING UNIT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 04-01-2016.

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EXHIBIT P3 TRUE COPY OF D&O LICENCE ISSUED BY 5TH RESPONDENT DATED 30-08-2016.

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EXHIBIT P4 TRUE COPY OF CERTIFICATE ISSUED BY DEPARTMENT OF FACTORIES AND BOILERS WHICH IS VALID UPTO 31-12-2018.

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EXHIBIT P5 TRUE COPY OF CASH RECEIPT FOR RS 2,500/DATED 29-08-2016.

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EXHIBIT P6 TRUE COPY OF RECEIPT FOR THE CURRENT FINANCIAL YEAR DATED 31-12-2016 ISSUED FROM KERALA COIR WORKERS WELFARE FUND BOARD, ALAPPUZHA.

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EXHIBIT P7 TRUE COPY OF FACTORY STUFFING PERMISSION ISSUED TO M/S. THE NATURAL FLOORS FOR USING THE PREMISES OF THE PETITIONER DATED 22-11-2014.

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EXHIBIT P8 TRUE COPY OF NOTICE PUBLISHED BY VADAKKE CHERUVARAM ( Õ¿çA çºøáÕÞø¢).

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EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 18-2-2017 SUBMITTED BEFORE THE 5TH RESPONDENT.

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W.P(C).No.5770 of 2017 (U)

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EXHIBIT P10 TRUE COPY OF LETTER DATED 12.02.2015 SENT BY PRESIDENT, VALAVANAD PUTHENKAVU DEVI TEMPLE.

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EXHIBIT P11 TRUE COPY OF LETTER DATED 26.01.2017 SENT BY PRESIDENT, VALAVANAD PUTHENKAVU DEVI TEMPLE.

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EXHIBIT P12 TRUE COPY OF LETTER DATED 23.07.2017 SENT BY PRESIDENT, VALAVANAD PUTHENKAVU DEVI TEMPLE.

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EXHIBIT P13 TRUE COPY OF CERTIFICATE OF IMPORTEREXPORTER CODE DATED 30.08.2017.

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EXHIBIT P14 TRUE COPY OF FESTIVAL NOTICE.

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EXHIBIT P15 TRUE COPY OF NOTICE.

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

P.A. TO JUDGE

bpr

SHAJI P. CHALY, J.

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W.P.(C) No.5770 of 2017

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Dated this the 3^rd day of January, 2018

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JUDGMENT

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This writ petition is filed by the petitioner seeking the

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following reliefs:

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i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the respondents 2 to 6 to ensure that the factory owned by the petitioner is smoothly functioning without any hindrance from the part of the respondents 7 and 8;

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ii) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the 6^th respondent to provide free passage for the ingress and egress of the containers to the factory premises;

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iii) Any other writ, order or direction to the 5^th and 6^th respondents to prevent the respondents 7 and 8 from prohibiting the freedom of right to travel through the public road under the guise of festivals;

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iv) issue appropriate writ, order or direction as this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case;

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W.P.(C) No.5770 of 2017

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and

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v) To award exemplary cost.

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The sum and substance of contention advanced by

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the petitioner is that while the festival is taking place in the 7^th respondent temple, arches are being constructed so as to interfere with the width of the pathway making it impossible for large vehicles to enter into the factory of the petitioner. It is also contended that huge container lorries are to enter into the factory of the petitioner and while the arches are constructed, negotiation of the vehicles have become difficult and this is causing lot of inconveniences to the petitioner. It is, therefore, seeking appropriate directions, this writ petition is filed.

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When this writ petition was admitted to the files of this Court, an interim order was passed by this Court whereby it is directed that the ingress and egress to the establishment of the petitioner including movement of containers shall be ensured by the 6^th respondent i.e., the Station House Officer, Mannanchery Police Station. It is

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W.P.(C) No.5770 of 2017

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submitted by the learned counsel for the petitioner that there is every likelihood of the 7^th respondent constructing arches in view of the recent festivals scheduled.

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The 8^th respondent has also filed a counter affidavit refuting the allegations and claims and demands raised by the petitioner. Predominantly, it is submitted that the arches are constructed in a manner so as to facilitate the vehicles of the petitioner and therefore, the contention advanced to the effect that the arches are causing inconveniences and disturbances to the petitioner cannot be sustained under law. A reply affidavit is also filed reiterating the stand adopted in the writ petition and producing various materials to show that the festivals are being conducted in the 7^th respondent temple and all these occasions, the petitioner is put to various difficulties.

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I have heard the learned counsel for the petitioner, the learned Government Pleader and also the learned counsel for respondents 7 and 8 and perused the pleadings and documents on record.

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W.P.(C) No.5770 of 2017

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The summary of facts and circumstances would make it clear that the sole issue to be considered in this writ petition is whether any manner of difficulties are faced by the petitioner, so as to negotiate the vehicles consequent to construction of the arches by the 7^th respondent at the time of temple festivals. It is an admitted fact that the petitioner is having a factory and on the way leading to the said factory, arches are being put up by the 7^th respondent. On the contrary, learned counsel appearing for the 8^th respondent submitted that no manner of obstruction is caused so as to have proper negotiation of the vehicles of the petitioner. Having evaluated the situation, if it is a pathway used by the petitioner for ingress and egress of the vehicles including the container lorries, the same will have to be retained as such. The temple will be at liberty to construct any arches in accordance with law, without causing any obstruction to the petitioner or for that matter, any member of the public, or negotiating the vehicles for ingress and egress.

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W.P.(C) No.5770 of 2017

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Therefore, it is only appropriate on the part of this Court to maintain the interim order passed while the writ petition was admitted to the files. There will be a direction to the 7^th and 8^th respondents not to create any obstruction of the ingress and egress of the vehicles of the petitioner including the container lorries through the way in question. The 6^th respondent shall ensure that no manner of obstruction is caused in the way so as to affect the ingress and egress of the petitioner's vehicles to the factory premises. However, the 6^th respondent will be at liberty to make any temporary arrangements for facilitation of the procession of the temple.

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The writ petition is disposed of, accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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bpr

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//TRUE COPY//

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P.A. TO JUDGE

T.N.Udayablan v. State of Kerala

Case brief

What is this about?

What did the court decide?

T.N.Udayablan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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