Point of Law: Any failure on part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner is a resident of Vallethodu near Thuravoor Mahakshethram, a temple under the administrative control of the 1st respondent Travancore Devaswom Board. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 as well as the 6th respondent-Station House Officer of Kuthiyathodu Police Station to remove the shops put up on the road margin and the land on the side of Chavadi-Thuravoor Junction Road and National Highway-66, which lies on the northern and eastern side of Thuravoor Mahakshethram, in connection with the annual festival which commenced on 27.10.2021. The petitioner has also sought for a writ of mandamus commanding the 6th respondent Station House Officer to ensure free flow of traffic through Chavadi-Thuravoor Junction Road and National Highway-66, during the annual festival in Thuravoor Mahakshethram, which commenced on 27.10.2021.

2. On 29.10.2021, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 3. The learned Government Pleader took notice on admission for respondents 4 to 6. The learned Standing Counsel for Travancore Devaswom Board and also the learned Government Pleader were directed to get instructions from the officers concerned. Registry was directed to show the name of the learned Advocate Commissioner appointed in W.P. (C) No. 22291 of 2021 in the cause list and list the matter on 30.10.2021 at 10.15 a.m. in a special sitting, along with that writ petition. In the order dated 29.10.2021 this Court noticed the order dated 18.01.2013 of the Apex Court in SLP (Civil) No. 8519 of 2006 [Union of India vs. State of Gujarat and Others], whereby the Apex Court issued a general direction to the effect that from the date of that order the Government of Kerala shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. In the said order the Apex Court made it clear that the said order shall not apply to installation of high-mast lights, street lights or construction relating to electrification, traffic, toll or for development and beautification of streets, highways, roads, etc. and relating to public utility and facilities.

3. On 30.10.2021 the learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 1 to 3, producing therewith Annexure R1(a) relevant extract of the land register pertaining to Thuravoor Devaswom. Along with I.A. No. 1 of 2021 the petitioner has placed on record Ext.P10 series of photographs showing the panthal erected over the public road on the northern side of Thuravoor Mahakshethram and also the temporary stalls put up on either side of Chavadi-Thuravoor Junction Road. The petitioner has also filed additional affidavit dated 29.10.2021 explaining how he got the notice dated 24.10.2021, which is marked as Ext.P1 in the writ petition.

4. On 30.10.2021, it was submitted by the learned Senior Counsel for Travancore Devaswom Board that, as stated in paragraph 3 of the statement, Thuravoor Mahakshethram is situated in Sy. No. 171/4B of Thuravoor South Village and the property having an extent of 6 Acres and 66 cents, which includes kshethram, kshethrakulam and the properties situated nearby. Towards the eastern side of the kshethrakulam, the Temple is having an extent of 38 cents, out of which an extent of 8.44 cents was taken for road widening and now 6 Acres and 29 cents of land is with the Devaswom. Along with the statement, the relevant extract of the Land Register pertaining to Thuravoor Devaswom is placed on record as Annexure R1(a). The learned Senior Counsel submitted that Chavadi- Thuravoor Junction Road was laid through Devaswom property. The learned Senior Counsel pointed out that the boundary on the southern si