The court considered the impact of the proposed construction on the petitioner's property rights and the performance of temple ceremonies and rituals in reaching its decision.

JUDGMENT

The above writ petition is filed with the following prayers:

“i) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to drop the proposal for constructing a public toilet in front of the petitioner’s property covered by Ext. P-1 and Ext. P-2 Sale Deeds;

ii) Grant such other order as this Hon'ble court deems fit and necessary in the facts and circumstance of the case;

iii) Dispense with the translation of the documents produced in the Vernacular Language.”[SIC]

2. The petitioner is aggrieved by the proposal of the 1st respondent Panchayat to construct a public toilet in front her property having an extent of only 4 cents situated on the southern side of a public road. It is submitted that, originally it was a way called “Nilavattu Vazhy“ for taking out the procession carrying the deity (Arattu Varavu) during the festival in the 2nd respondent temple, which is situated nearby. It is also submitted that the said Nilavattu Vazhy had been formed by the dedication of the property of the respective owners in favour of the 2nd respondent Devaswom. Later, the way was converted into a public road, though the said place continued to be used for performing the ceremonies and rituals in connection with the ”Arattu”, which is being conducted from time immemorial is the submission. The place where the rituals and ceremonies are performed is called “Nilavattu Paramba” is the further submission. It is submitted that, in the year 2008 when there was an attempt on the part of the 1st respondent Panchayat to put up structures including a shuttle court in the place which is used for conducting ceremonies in connection with a festival of the temple, the said proposal was challenged before this Court by the 2nd respondent by filing W.P.(C)No. 10033/2008. The said writ petition was disposed of vide Ext.P6, recording the submission for and on behalf of the Panchayath that it has passed Ext.P5 resolution to the effect that no construction will be put up in the property which would stand in the way of the ceremonies being conducted. However, in 2016 also similar attempts were made by the Panchayath with the assistance of a political party to prevent the conduct of ceremonies in the said property, by putting up structures therein is the submission. Then also the 2nd respondent approached this Court by filing W.P.(C). No. 5990/2016 for removal of the structures put up in order to disrupt the “ezhunellath” and other ceremonies in connection with the festival. The said writ petition was disposed of by this Court as per Ext.P7 judgment giving directions inter alia to the 1st respondent to remove all the unauthorized structures put up by the said political party so as to pay way for the smooth conduct of the ceremonies and rituals in connection with the festival is the further submission. While so, it is submitted that a few days back, the ofÏcials of the 1st respondent came to the space between the petitioner’s property and the public road and made preparatory works for constructing a public toilet. Though the petitioner raised objection to the proposal to construct the toilet as proposed, the same is ignored by the 1st respondent is the submission. Hence this writ petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the 1st respondent and the learned counsel appearing for the 2nd respondent.

4. When this writ petition came up for consideration on 16.02.2023, this Court passed an order restraining the construction of public toilet in front of the petitioner's property and the same was extended until further orders on 01.12.2023. A counter afÏdavit is filed by the 1st respondent denying the averments in the writ petition. In the counter it is stated that the petitioner is challenging the action initiated for the construction of 'Take a Break' facilitation centre near to the NH66 by which rest rooms and other amenities were facilitated to the fel