LAWS(KER)-2020-6-223

K.G.PURUSHOTHAMAN Vs. STATE OF KERALA

Decided On June 12, 2020
K.G.PURUSHOTHAMAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment dated 11.12.2019 in W.P. (C)No.30010 of 2019, instant writ appeal is filed. Short facts leading to the writ petition are as hereunder:

(2.) The writ court, after considering the pleadings and the material on record, closed the writ petition by observing thus:

(3.) Though Mr.Paul K.Varghese, learned counsel for the appellant made submissions on the grounds raised, going through the impugned judgment, it is amply clear that the Municipality, by filing Ext.R4(B) photographs, has substantiated the stand before the writ court that the appellant's shop has not been obstructed in any manner, nor its ingress and egress impeded on account of the ongoing temple festival. Writ court has also observed that public road and pavement were not allotted to the street vendors permanently, but they were allowed to do small business during temple festival and that the same was also over. That apart, on consideration of the material on record, writ court has also found that even during the temple festival time, the area in front of the appellant's shop was not obstructed or occupied by any other person.