PAMPA SAMYUKTHA DRIVERS UNION Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, namely, Pamba Samyuktha Drivers Union, with registration No.PTM/TC/38/2022, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus restraining respondents 2 to 6 from interfering with or obstructing the Taxi Operators registered with Sub Regional Transport Office, Ranni from operating in accordance with their Contract Carriage Permits (Motor Cab Permits) in Nilakkal-Pamba area. The document marked as Ext.P1 is a communication dtd. 18/12/2021 of the 5th respondent Regional Transport Officer, Pathanamthitta to the Transport Commissioner, Kerala for sanctioning a taxi stand at Nilakkal, in case the 2nd respondent Travancore Devaswom Board takes a favourable decision, subject to the approval of this Court. The document marked as Ext.P2 is the reply dtd. 24/12/2021 of the Transport Commissioner, addressed to the petitioner, forwarding Ext.P1. The document marked as Ext.P3 is a letter dtd. 22/2/2022 of the concerned MLA to the Minister for Transport, Kerala. The documents marked as Exts.P5 to P8 are the check reports dtd. 2/1/2025 and 5/1/2025 issued against the taxi drivers, who are stated to be the members of the petitioner association.

(2.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 3 to 6 and the learned Standing Counsel for Travancore Devaswom Board for the 2nd respondent.

(3.) Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Sec. 15A of the Act, inserted by Act 5 of 2007, with effect from 12/4/2007, deals with duties of the Board. As per Sec. 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees.