Lawstreet Journal

Kerala HC seeks State Government’s response on steps taken to prevent encroachment on footpaths and public roads by political parties for protests/demonstrations [READ ORDER]

Lawstreet Journal 12 Jun 2021 2:41am

Image courtesy: Lawstreet Journal Judiciary Kerala HC seeks State Government’s response on steps taken to prevent encroachment on footpaths and public roads by political parties for protests/demonstrations [READ ORDER]

The Kerala High on Tuesday (June 8, 2021) ordered the State Government to explain the steps taken by them to prevent any encroachment which deprives people of their right of way or pedestrian facilities on public roads. 

The order was passed in a writ petition filed by the Trivandrum Chamber of Commerce and Industry along with its President seeking a writ of mandamus against law enforcement agencies including the Police to remove assemblies staged around the Government Secretariat and Raj Bhavan, including the adjoining footpaths and to declare such assemblies as unconstitutional and illegal. 

The petition also sought a writ of mandamus against law enforcement agencies to formulate and issue guidelines to allocate public areas to hold mass assemblies and demonstrations.

The petition states that in the last few years several organizations have conducted strikes and protests in front of the Government Secretariat and Raj Bhavan. In connection with such protests and campaigns, structures such as sheds were constructed to provide shelter to the protesters/campaigners. These sheds which were initially constructed on a temporary basis gradually became permanent structures thereby causing traffic congestions and hindrance to the public using footpaths.

The petitioner submitted that the State holds the public streets and roads as a trustee on behalf of the public and the members of the public are entitled as beneficiaries to use them as a matter of right. Therefore, the State as a trustee on behalf of the public is entitled to impose all such limitations on the character… Continue Reading...


Tagged: kerala high court  
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