Kerala High Court
K.N. Vijaya Kumar vs State Of Kerala
Bench: Thottathil B. Radhakrishnan, A.V. Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE THOTTATHIL B. RADHAKRISHNAN
&
THE HON'BLE MR. JUSTICE A.V. RAMAKRISHNA PILLAI
WEDNESDAY, THE 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934
WP(C). No. 24690 of 2012 (I)
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PETITIONERS:
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1. K.N. VIJAYA KUMAR, AGED 43 YEARS
AGED 43 YEARS, S/O. NARAYANAN NAIR
KIZHAKKEDATH HOUSE, MANJUMALAKARA
VANDIPERIYAR P.O., IDUKKI DISTRICT.
2. JOSEPH V.M., AGED 49 YEARS, S/O. MATHEW,
VAYALUNKAL HOUSE, LAKSHMI KOVIL P.O.,
PEERMADE, IDUKKI DISTRICT.
BY ADVS. SRI. S. RAJEEV
SRI. K.K. DHEERENDRAKRISHNAN
RESPONDENTS:
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1. STATE OF KERALA
REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
2. THE CHAIRMAN, THE TRAVANCORE DEVASWOM BOARD
NANDANCODE, THIRUVANANTHAPURAM 695 001.
3. COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE
THIRUVANANTHAPURAM - 695 001.
R1 BY GOVERNMENT PLEADER SRI. RAMPRASAD UNNI
R2 & R3 BY ADV. SRI. KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 24690 of 2012 (I)
APPENDIX
PETITIONERS' EXHIBITS:-
EXT. P1 - COPY OF THE NOTICE ENUMERATING THE GENERAL AND SPECIAL
CONDITIONS OF TENDER.
EXT. P2 - COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT DATED 05.10.010.
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE.
sp
THOTTATHIL B.RADHAKRISHNAN
&
A.V.RAMAKRISHNA PILLAI, JJ.
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W.P(C).No.24690 of 2012
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Dated this the 7th day of November, 2012
JUDGMENT
Thottathil B.Radhakrishnan, J.
The petitioners claim that they are authorised lottery selling agents. They challenge Ext.P1 conditions for auction issued by the Travancore Devaswom Board to the extent it prohibits sale of lottery tickets in Sabarimala, Pampa and Nilakkal. Hearing the matter for admission on 19.10.2012, we were told on behalf of the TDB that ban on sale of lottery tickets was in force during the previous years. We, however, suggested the TDB and the Government to consider whether there could be a stall directly under the control of the Government from where lottery tickets could be sold in Pampa.
Considering the suggestion, the Chief Commissioner of TDB has opined that it would not be conducive to provide a stall of that nature having regard to the intention to minimize WPC.24690/12 2 commercial activities at Sabarimala. We have seen the views of the Chief Commissioner as presented before us by the leaned counsel for TDB. We accept the views of the Chief Commissioner. Hence we do not find any ground to interfere with the ban of sale of lottery tickets in Sabarimala, Pampa and Nilakkal. We also are of the view that even a sales counter, as suggested by this Court at the time of hearing for admission on 19.10.2012, also need not be there. The larger interest is to de-commercialise the activities in Sabarimala, Pampa, Nilakkal, Erumely etc. First priority will be to see that there is free movement and no crowding of the pilgrims in such places. In such circumstances, no further direction is to be issued. Writ petition closed accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN Judge Sd/-
A.V.RAMAKRISHNA PILLAI Judge kkb.7/11.