M BHASKARAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) This writ petition is filed against the decision of providing a parking place for vehicles close to the Temple premises after acquiring the properties on the northern side of Nava Mukunda Temple, Thirunavaya without following any of the statutory requirements as provided under the Kerala Panchayat Raj Act and the Rules framed thereunder.

(2.) The petitioner alleges that he is very much affected by the above decision of the respondents as he is also residing very near to the property sought to be acquired for the purpose of providing a halting place for vehicles. Therefore, he made Ext.P2 representation before the third respondent. Thereafter the respondents 1 and 2 have taken steps to acquire the property and declared the same as a public parking place without complying with any statutory formalities provided under the Kerala Panchayat Raj (Landing Places, Halting Places, Cart Stands and Other Vehicle Stands) Rules, 1995; it is alleged.

(3.) The petitioner further alleges that as a matter of fact, in the matter of providing halting place for vehicles, the third respondent has not even consulted with the respondents 1 and 2, representing the Government. The petitioner points out that providing of public parking place for vehicles is a mandatory duty of the Panchayat. Section 166(1) says that, it shall be the duty of the Village Panchayat to meet the requirements of the Village Panchayat area in respect of matters enumerated in the third schedule. It is with this background, the petitioner has come up before this Court.