Pradeep C vs. The State Of Kerala
Held
The Court upheld the PWD's removal notice, finding the stall to be an encroachment under Section 15(2) of the Kerala Highway Protection Act, 1999, and declined to interfere. However, it directed the Travancore Devaswom Board to consider the petitioner's representation for an alternative stall or refund, strictly in accordance with law.
Facts
The petitioner, a kuthaka holder for selling pooja items, erected a stall on the approach road of Sree Parthasaradhi Temple. The PWD issued a notice under the Kerala Highway Protection Act, 1999, to remove the stall as an encroachment. The petitioner sought to quash this notice and requested the Travancore Devaswom Board to allot an alternative stall or refund the bid amount plus GST.
Key Issues
The key issues were the legality of the notice to remove the petitioner's pooja stall as an encroachment on a public highway and whether the Travancore Devaswom Board was obligated to consider his request for an alternative stall or refund.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 26TH DAY OF JUNE 2023 / 5TH ASHADHA, 1945 WP(C) NO.20599 OF 2023 PETITIONER:
PRADEEP C AGED 62 YEARS S/O.R.CHANDRASEKHAR, RESIDING AT MANNARUPARAMPIL, KANJIPADOM, ALAPUZHA DISTRICT, PIN - 688005
BY ADVS. S.SREEKUMAR (KOLLAM) NAMITHA RAJESH K.VIJAYAN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SECRETARY TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003 3 TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM 695003, REPRESENTED BY ITS SECRETARY 4 THE DISTRICT COLLECTOR COLLECTORATE, PATHAMTHITTA, PIN - 689647 5 THE REVENUE DIVISIONAL OFFICER ADOOR, PATHNAMTHITTA, PIN - 691523
2 W.P.(C) No.20599 of 2023
6 THE VILLAGE OFFICER ARANMULA VILLAGE, ARANMULA .P.O, PATHANAMTHITTA, PIN - 689532 7 THE ASST.EXECUTIVE ENGINEER PWD,PATHANAMTHITTA, PIN - 689645
SRI S.RAJMOHAN - SR GOVERNMEN
The judgment continues below.
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