Citation : 2021 Latest Caselaw 19824 Ker
Judgement Date : 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
W.P.(C) NO.28080 OF 2013
PETITIONER:
1 TRAVANCORE DEVASWOM BOARD,
REP. BY ITS SECRETARY,
THIRUVANANTHAPURAM-695003.
BY ADVS.
SRI.V. KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM-695001.
2 THE INSPECTOR GENERAL OF POLICE,
SOUTHERN RANGE, THIRUVANANTHAPURAM-695001.
3 THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA-695645.
4 THE SPECIAL OFFICER OF POLICE,
CAMP OFFICE, PAMPA-689662.
5 BHARATHIYA YUVA MORCHA,
KERALA STATE UNIT, THIRUVANANTHAPURAM-695541,
REP. BY ITS PRESIDENT.
6 BHARATHIYA YUVA MORCHA,
PATHANAMTHITTA DISTRICT UNIT, PATHANAMTHITTA-689548
REP. BY ITS PRESIDENT.
BY ADV SRI.S.MANU
OTHER PRESENT:
SRI S. RAJMOHAN - SR. GOVERNMENT PLEADER
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.28080 OF 2013
2
JUDGMENT
Anil K. Narendran, J.
The petitioner, the Travancore Devaswom Board
represented by its Secretary, has filed this writ petition
under Article 227 of the Constitution of India, seeking a writ
of mandamus commanding respondents 1 to 4 to give
adequate police protection for the smooth collection of
parking fee by the contractors engaged by the Board at five
parking lots, i.e., Hilltop, Thriveni, Chakkupalam-I,
Chakkupalam-I and Nilakkal.
2. On 15.11.2013, when this writ petition came up
for admission, this Court admitted the matter on file. The
learned Government Pleader took notice for respondents 1
to 4. Notice by speed post was ordered to respondents 5
and 6. Paragraphs 2 and 3 of the order dated 15.11.2013
read thus;
"2. Heard learned Standing Counsel for the Travancore Devaswom Board and learned Government Pleader. It is submitted that this Court, by a common judgment rendered as per Ext.P1 during the last Mandalam-
W.P.(C) NO.28080 OF 2013
Makaravilakku season, has issued various directions and the right to collect parking fee has been given after incorporating various conditions which are to be observed by the contractor also. It apprehended that respondents 5 and 6 and persons under them may create obstruction to the contractor and his employees for collection of parking fee. Learned Standing Counsel, therefore, prayed for passing an interim order. Accordingly, we pass the following order:
3. There will be a direction to respondents 3 and 4 to see that in case of any obstruction for collection of parking fee from any question, the same will be properly attended to and adequate measure will be taken. We also direct that as directed by this Court in Ext.P1 judgment, the devaswom Board will provide enlarged readable display of rates on the side of the road, by hoardings using flex boards, in different languages particularly in Malayalam, Hindi and all other South Indian languages as also in English, clearly stating all the rates of fee that could be collected for different types of vehicles, if not already provided. If any allegations that parking fee over the mount as specified is being collected, the same also will be attended to by the Police personnel."
3. Despite service of notice, none appears for
respondents 5 and 6.
W.P.(C) NO.28080 OF 2013
In view of the order dated 15.11.2013, nothing
survives in this writ petition and the same is accordingly
dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE MIN W.P.(C) NO.28080 OF 2013
APPENDIX OF W.P.(C) NO.28080 OF 2013
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT IN WP(C).NO.26535 OF 2012 DATED 22.11.2012.
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