Kerala High Court Warns Religious, Political Bodies Against Obstructions On Public Roads

The Kerala High Court recently urged religious and political organisations in the State to strictly comply with its earlier directives preventing obstruction of pedestrian and traffic movement on public roads during festivals and protests.

In the earlier judgment, a Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar had highlighted the need to maintain roads constructed according to prescribed standards and guidelines without any encroachment on pedestrian facilities.

"Footpaths are not intended for stocking articles for trade or for display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for holding campaigns, demonstrations, etc., by political parties and other organisations, by causing obstructions to free movement of pedestrians. No political party or organisation can be permitted to encroach footpath or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances," Court had said.

The Court was dealing with a contempt petition filed alleging willful disobedience of the directions contained in an earlier judgment in W.P.(C)No.4617 of 2022 and W.P.(C)No.26499 of 2018. 

The petitioner also placed on record four photographs showing the hoardings and advertisement boards erected in connection with Ashtadravya Mahaganapathy Homam, Aanayoottu and Bhagavathy Seva in Sree Vadakkumnathan Temple.

On a query made by the Court, the Standing Counsel for Cochin Devaswom Board submitted that the Board had not granted any permission to the Temple Advisory Committee to erect such hoardings or advertisement boards.

Advocate P.B.Subramanyan appearing for the Temple Advisory Committee submitted that the office bearers of the said Committee have already been instructed to remove the hoardings and advertisement boards seen in the produced photographs.

Having considered the submissions, the Court deemed it appropriate to direct the concerned Devaswom Officer to ensure strict compliance with the directions contained in the earlier judgment.

The matter will be taken up again tomorrow. 

Case Title: Narayanankutty K v. Special Devaswom Commissioner & Ors

Citation: 2023 LiveLaw (Ker) 337

Click Here To Read/Download The Order