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Madhulal M vs T D B
2021 Latest Caselaw 19294 Ker

Citation : 2021 Latest Caselaw 19294 Ker
Judgement Date : 14 September, 2021

Kerala High Court
Madhulal M vs T D B on 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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