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Norms barring obstruction of roads, pavements by shops be followed during religious festivals: Kerala HC

While hearing a plea on Tuesday against the setting up of shops on the road margin of Chavady- Thuravur junction in connection with the annual festival of Thuravur Mahakshethram, the Kerala High Court directed religious and political organisations to "scrupulously follow" the norms prohibiting obstruction of pedestrian and traffic movement during festivals or protests.

Kerala HC pavements by shops during religious festivals
Kerala HC
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Published : Nov 23, 2021, 8:06 PM IST

Kochi: The Kerala High Court on Tuesday directed religious and political organisations to "scrupulously follow" the norms prohibiting obstruction of pedestrian and traffic movement during festivals or protests.

"Encroachment of the road during such events cannot be permitted, especially when trade is being conducted on the side of public roads. This cannot be permitted anywhere, be it a church or a temple or a mosque or any event conducted by a political organisation," the court said.

"Roadside stalls, selling sweet meats to toys and even imitation jewellery, outside temples or churches are one of the attractions of religious festivals, but these cannot be allowed to obstruct movement of pedestrians and traffic by exhibiting their wares on the pavement or roads," it said.

"In fact the norms laid down with regard to non-obstruction of public roads and pavements have to be followed by everyone, be it the Travancore Devaswom Board or persons associated with churches or mosques or any religious or political organization conducting an event or a protest," the court further said.

Read: Kerala HC alarmed, amazed by over 42,000 flag poles in the state

The court was hearing a plea against the setting up of shops on the road margin of Chavady- Thuravur Junction in connection with the annual festival of Thuravur Mahakshethram.

The petition, by a resident of the area, has contended that since the road in question was maintained by the Public Works Department (PWD), without its consent or permission no such shops can be put up.

The Travancore Devaswom Board (TDB), on the other hand, told the court that the road in question where the shops were set up was laid through Devaswom property.

The court, however, said that the road has to remain as such and the TDB cannot auction off space on the road or the pavement. "No shop owner can exhibit their wares outside his stall," it said. The court asked the Alappuzha District Collector to convene a meeting with the Gram Panchayat and PWD officials to finalise a site plan for the allotment of the shops.

Kochi: The Kerala High Court on Tuesday directed religious and political organisations to "scrupulously follow" the norms prohibiting obstruction of pedestrian and traffic movement during festivals or protests.

"Encroachment of the road during such events cannot be permitted, especially when trade is being conducted on the side of public roads. This cannot be permitted anywhere, be it a church or a temple or a mosque or any event conducted by a political organisation," the court said.

"Roadside stalls, selling sweet meats to toys and even imitation jewellery, outside temples or churches are one of the attractions of religious festivals, but these cannot be allowed to obstruct movement of pedestrians and traffic by exhibiting their wares on the pavement or roads," it said.

"In fact the norms laid down with regard to non-obstruction of public roads and pavements have to be followed by everyone, be it the Travancore Devaswom Board or persons associated with churches or mosques or any religious or political organization conducting an event or a protest," the court further said.

Read: Kerala HC alarmed, amazed by over 42,000 flag poles in the state

The court was hearing a plea against the setting up of shops on the road margin of Chavady- Thuravur Junction in connection with the annual festival of Thuravur Mahakshethram.

The petition, by a resident of the area, has contended that since the road in question was maintained by the Public Works Department (PWD), without its consent or permission no such shops can be put up.

The Travancore Devaswom Board (TDB), on the other hand, told the court that the road in question where the shops were set up was laid through Devaswom property.

The court, however, said that the road has to remain as such and the TDB cannot auction off space on the road or the pavement. "No shop owner can exhibit their wares outside his stall," it said. The court asked the Alappuzha District Collector to convene a meeting with the Gram Panchayat and PWD officials to finalise a site plan for the allotment of the shops.

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