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2024 Supreme(Online)(Ker) 77744

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ
SATHEESH CHANDRAN – Appellant
Versus
THE DISTICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SHAJI THANKAPPAN, SUBIN K, SUDHEER AMAL BABY, AJAY GOPAL P.N., SUMODU
For the Respondents: K.S.ARUN KUMAR, SUNI M.D., S.MADHUSOODANAN, SRI. S. RAJMOHAN, SRI. K.P. SUDHEER

JUDGMENT

Anil K. Narendran, J

The petitioners, who are devotees of Sree Poornathrayeesa Temple, Thripunithura, which is an ancient temple under the management of the 2nd respondent Cochin Devaswom Board, subject to the provisions contained in sub-section (2) of Section 62 of the Travancore-Cochin Hindu Religious Institutions Act , 1950, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Thripunithura Municipality to take immediate action to remove the unauthorised parking of handcart by the 5th respondent, in front of the Manimalika (clock tower) and Sree Poornathrayeesa Temple. The petitioners have also sought for an order directing the 3rd respondent Municipality to consider and pass appropriate orders on Ext.P3 representation dated 02.03.2024 made by them.

2. In the writ petition, it is alleged that the 5th respondent, who is a street vendor, is selling various items by parking his handcart in front of the Manimalika and Sree Poornathrayeesa Temple, thereby causing obstruction to the devotees in their access to the temple. It also creates obstruction to vehicular traffic. It is

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