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2024 Supreme(Online)(KER) 56149

HIGH COURT OF KERALA
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
RAJESH P R – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: MANU GOVIND, AISWARYA V.
For the Respondents: SRI. S. RAJMOHAN, SR. GP, SRI. G. BIJU, SC, TDB

Table of Content
1. petitioner seeks permission for soda unit operation. (Para 1 , 3 , 4)
2. mandamus requires legal right and statutory duty. (Para 2 , 7)
3. legal entitlement to operate soda unit is questioned. (Para 5 , 12)
4. writ of mandamus cannot contravene statutory provisions. (Para 8 , 9 , 10 , 11)
5. writ petition dismissed; no relief granted. (Para 13)

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a Kuthaka holder in respect of Kuthaka item No.136 in the list of Kuthaka items, which forms part of the e-tender notification dated 19.07.2024 issued by the additional 5th respondent Devaswom Commissioner, Travancore Devaswom Board, in respect of Sabarimala Devaswom, for the year 1200ME (2024-25), who has been issued with Ext.P7 Kuthaka certificate No.196/24 dated 15.11.2024 by the 3rd respondent Executive Officer, Sabarimala, has filed this writ petition invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of mandamus commanding the 2nd respondent Travancore Devaswom Board and the 3rd respondent Executive Officer to grant him permission to operate a soda manufacturing and distribution unit during Mandala- Makaravilakk

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