THIRUVILANJAL DEVI TEMPLE ADVISORY SAMITHI, HARIPPAD vs TRAVANCORE DEVASWOM BOARD - TDB

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(KER) 10834

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943 WP(C) NO. 871 OF 2022 PETITIONER:
THIRUVILANJAL DEVI TEMPLE ADVISORY SAMITHI, HARIPPAD, REPRESENTED BY ITS SECRETARY, SRI.ANILKUMAR G., AGED 39 YEARS, S/O.GOPI, KOTTINATTU KIZHAKETHIL, THAMALLAKKAL P.O., KUMARAPURAM VILLAGE, HARIPPAD, ALAPPUZHA DISTRICT, PIN - 690 548.
BY ADV AJITH MURALI RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD - TDB DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695 003, REPRESENTED BY ITS SECRETARY.
2 THE DEVASWOM COMMISSIONER DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
3 ASSISTANT DEVASWOM COMMISSIONER ASSISTANT COMMISSIONER'S OFFICE, TRAVANCORE DEVASWOM BOARD, ALAPPUZHA, PIN - 690 101.
4 SUB GROUP OFFICER DEVASWOM OFFICE, THIRUVILANJAL DEVI TEMPLE,HARIPAD, THAMALLAKKAL, KARUVATTA P.O., ALAPPUZHA DISTRICT, PIN - 690 517.
5 ADDL.R5:THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, ALAPPUZHA DISTRICT, PIN-688 001.
6 ADDL.R6:THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN-688 001.
7 ADDL.R7:THE REVENUE DIVISIONAL OFFICER, CHENGANNUR (KARTHIKAPPALLY TALUK), ALAPPUZHA DISTRICT, PIN-689 121.
8 ADDL.R8: DIVISIONAL FOREST OFFICER, KONNI, DFO OFFICE, KONNI, PATHANAMTHITTA DISTRICT, PIN-689 691.
9 ADDL.R9: ASSISTANT CONSERVATOR OF FOREST, SOCIAL FORESTRY, KOMMADI PALAM ROAD, KOMMADY, ALAPPUZHA DISTRICT, PIN-688 007.
(ADDL.R5 TO ADDL R9 ARE IMPLEADED AS PER ORDER DATED 12-01-2022 IN IA 1/2022)
BY ADV G.SANTHOSH KUMAR (P).
OTHER PRESENT:
SR.GP.S.RAJ MOHAN SRI.VINEETH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
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Dated this the 17th day of January, 2022

JUDGMENT

P.B.Suresh Kumar, J.

The Advisory Committee of Thiruvilanjal Devi Temple is the petitioner in the writ petition. They seek directions in the writ petition to respondents 1 to 4 to accord permission for conducting the ritual “Para Ezhunellippu” in connection with the ensuing festival of the temple scheduled on 18.01.2022. It is alleged that the representations preferred by the petitioner to the District Administration seeking permission to conduct the ritual are not being entertained.

2. The learned Government Pleader, on instructions from the District Administration, submits that in the wake of COVID- 19 pandemic, the petitioner cannot be permitted to conduct the ritual.

3. The learned Standing Counsel for the Travancore Devasom Board, however, points out that in the wake of COVID-19 pandemic, the ritual was permitted to be conducted symbolically during the last festival within the temple premises following the COVID-19 protocol.

4. Having regard to the facts and circumstances of the case, we feel that the ritual can be permitted to be conducted symbolically within the premises of the temple during the current year also, as done during the previous year.

In the circumstances, we dispose of the writ petition directing the competent authority of the Travancore Devasom Board to prefer appropriate application for the said purpose to the additional ninth respondent. If application is preferred by the Devasom Board, the said authority as also the District Administration shall ensure that permission is granted for the purpose of performing the ritual symbolically within the premises of the temple, observing the COVID protocol, as done in the previous year. The Government Pleader shall communicate the judgment to the concerned ofÏcials today itself.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

C.S.SUDHA, JUDGE.

ds 03.01.2022 APPENDIX OF WP(C) 871/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PERMISSION ISSUED BY THE RESPONDENTS DATED 17/01/2019.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED

10/12/2021 BEFORE THE 4TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED

10/12/2021 BEFORE THE 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE RESOLUTION DATED

02/01/2022 OF THE TEMPLE ADVISORY SAMITHI.

Exhibit P5 A TRUE COPY NOTICE JOINTLY PUBLISHED BY DEVASWOM AUTHORITIES AND TEMPLE ADVISORY SAMATHY.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED

12.01.2022 BEFORE THE 5TH RESPONDENT.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED

12.01.2022 BEFORE THE 6TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED

12.01.2022 BEFORE THE 9TH RESPONDENT.

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