IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941 WP(C).No. 10717 of 2019 PETITIONER/S:

1 UNNI.K.S., AGED 32 YEARS SECRETARY AND MANGING COMMITTEE MEMBER, NADAYIKAVU BHAGAVATHY TEMPLE, VENGALLUR P.O., THODUPUZHA-685 608

2 DEVARAJAN VITIIKKUNNEL, CONVENOR,FESTIVAL COMMITTEE, NADAYIKAVU BHAGAVATHY TEMPLE, VENGALLUR P.O., THODUPUZHA-685 608 BY ADV. SRI.I.DINESH MENON RESPONDENT/S:

1 THE DISTRICT COLLECTOR IDUKKI, COLLECTORATE.P.O., PAINAVU-6895 603

2 THE DEPUTY COLLECTOR (GENERAL), IDUKKI, COLLECTORATE.P.O., PAINAVU-6895 603

3 THE ASSISTANT FOREST CONSERVATOR, IDUKKI-PAINAVU-6895 603 BY SRI.SANDESH RAJA K, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The first petitioner is the Secretary and one among the Trustee of Nadayilkavu Bhagavathy Temple, Vengallur, Idukki District and the second petitioner is the Convener of the Festival Committee. Petitioners have applied for sanction before the first respondent as per the provisions of Kerala Captive Elephants (Management and Maintenance) Rules 2012 to use 5 elephants for the purpose of conducting Ezhunnellippu on 08.04.2019. According to the petitioners an application was submitted sufficiently early, however Ext.P2 order is passed on 29.03.2019 declining permission to the petitioner to conduct the Ezhunnellippu with 5 elephants relying upon clause 12 of the circular issued by the State Government dated 20.03.2013, whereby a restriction is imposed that not more than 3 elephants can be permitted to be entered in the temple.

2. The learned counsel for the petitioners submitted that petitioners have requested for permission to conduct the Ezhunnellippu which is not in the temple premises. In that view of the matter and taking into account the submissions made by the learned Special Government Pleader this writ petition is disposed of directing the first respondent to reconsider the application submitted by the petitioners bearing in mind the said aspect and clause 12 of the Government Circular specified above and if the petitioners are having sufficient registration with the first respondent in compliance with the directions of the Apex Court, necessary steps shall be taken to enable the petitioners to get the application processed before the 3^rd respondent i.e, Assistant Forest Conservator. The directions shall be complied at the earliest, bearing in mind that the festival and the Ezhunnellippu is to take place on 08.04.2019. It is also made clear that in violation of clause 12 of the circular, no action shall be taken by the petitioners or any one in connection with the temple festival.

This writ petition is disposed of as above.

Sd/-

SHAJI P.CHALY JUDGE SMA APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED

27.02.2019 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 29.03.2019 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 16.3.2018 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)

NO.9388/2018 DATED 19.3.2018 RESPONDENT(S)' EXHIBITS :- NIL SMA