Citation : 2021 Latest Caselaw 19294 Ker
Judgement Date : 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
1943
WP(C) NO. 1796 OF 2015
PETITIONER :
MADHULAL M
AGED 46 YEARS
MADHU NIVAS, KANNANKARA.P.O,PATHANAMTHITTA.
BY ADV SRI.V.K.SUNIL
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KOWDIAR.P.O, THIRUVANANTHAPURAM-695003.
2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR.P.O, THIRUVANANTHAPURAM-
695003.
3 THE EXECUTIVE OFFICER, SABARIMALA DEVASWOM, TDB,
NANTHANCODE, KAWDIAR.P.O, THIRUVANANTHAPURAM-
695003.
4 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
5 THE DISTRICT COLLECTOR
PATHANAMTHITTA-689645.
-2-
WP(C) NO. 1796 OF 2015
6 THE RANNI-PERUNAD GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,RANNI-689711.
7 THE CONTRACTOR
PUBLIC TOILET BLOCK AT NEELIMALA,C/O.THE
EXECUTIVE OFFICER,SABARIMALA DEVASWOM,
SABARIMALA-689713.
8 THE CONTRACTOR
PUBLIC TOILET BLOCK AT APPACHIMEDU,C/O.THE
EXECUTIVE OFFICER,SABARIMALA DEVASWOM,
SABARIMALA-689713.
BY ADVS.
SRI.KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
SRI.S.RAJMOHAN, SC, TDB
R BY SRI S.RAJMOHAN-SR GOVERNMENT PLEADER
R BY SRI. G. BIJU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
WP(C) NO. 1796 OF 2015
JUDGMENT
Anil K. Narendran, J.
The petitioner, a devotee of Lord Ayyappa, has filed this writ
petition under Article 226 of the Constitution of India, seeking a
writ of mandamus commanding the respondents to stop all vending
activities through the toilet blocks in Sabarimala, especially at
Neelimala and Appachimedu. The petitioner has also sought for a
direction to the respondents to make available the entire toilet
rooms in the toilet blocks at Neelimala and Appachimedu in
Sabarimala for the use of the pilgrims for its intended purpose. The
further relief sought for is an order directing an independent
investigation on the alleged irregularities in allotting the right to
conduct toilets in Neelimala and Appachimedu, with right to
establish and operate refreshment stalls along with such toilets,
and realise the due amount from respondents 7 and 8, based on
such investigation.
2. On 19.01.2015, when this writ petition came up for
admission, the learned Standing Counsel for Travancore Devaswom
Board was directed to furnish the name of the contractors to whom
the right to run public toilet blocks at Neelimala and Appachimedu
were awarded during the festival season concluded in the year
WP(C) NO. 1796 OF 2015
2014, within a week from that date.
3. On 27.01.2015, when the matter came up for
consideration, none appeared for the petitioner. Today also there is
no appearance for the petitioner.
Considering the nature of reliefs sought for in this writ
petition, and since there is no representation for the petitioner, this
writ petition is dismissed without expressing anything on the merits
of the contentions raised by the petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE
AV/16/9
WP(C) NO. 1796 OF 2015
APPENDIX OF WP(C) 1796/2015
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE 3RD RESPONDENT
EXT.P2 TRUE COPIES OF THE POSTAL RECEIPTS OF EXT.P1
EXT.P3 EXT.P3 TRUE COPIES OF THE NEWS ITEMS PUBLISHED IN THE MALAYALA MANORAMA IN ITS ISSUES PUBLISHED ON 14/12/2014 AND 19/12/14
EXT.P4 TRUE COPIES OF PAGE NO.64 AND 65 OF VOL 2 INFRASTRUCTURE MODULE OF THE SABARIMALA MASTER PLAN.
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