IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY ,THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940 WP(C).No. 5962 of 2019 PETITIONER/S:

1 THE MANAGING COMMITTEE OF PALLIYARKKAL SREE DURGA BHAGAVATHY KSHETHRAM, REG.NO S 154/94,KINASSERY, POKKUNNU P.O., KOZHIKODE PIN 673 007, REPRESENTED BY PRESIDENT, P.K.PUSHPARAJAN, AGED

64,S/O KUNHIPPERACHAN, DHANYA, KINASSERI, POKKUNNU P.O.PIN 673 007

2 P.K.PUSHPARAJAN, AGED 64 YEARS S/O KUNHIPPERACHAN, DHANYA, KINASSERI, POKKUNNU P.O.PIN 673 007 BY ADV. SRI.E.NARAYANAN RESPONDENT/S:

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.

2 THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS, NORTHERN REGION, VANASREE, MATHOTTAM, ARAKKINAR P.O.KOZHIKODE 673 028

3 THE ASSISTANT CONSERVATOR OF FORESTS, SOCIAL FORESTRY, “VANASREE”, MATHOTTAM, ARAKKINAR P.O.KOZHIKODE 673 028

4 THE DISTRICT COMMITTEE, (CONSTITUTED UNDER RULE 10 OF THE KERALA CAPTIVE ELEPHANTS (MANAGEMENT AND MAINTENANCE ) RULE 2012, REPRESENTED BY ITS CONVENER, ASSISTANT CONSERVATOR OF FORESTS, SOCIAL FORESTRY, “VANASREE”, MATHOTTAM, ARAKKINAR P.O.KOZHIKODE 673 028

5 ADDL.R5 THE CHAIRMAN(DISTRICT COLLECTOR),DISTRICT COMMITTEE,(CONSTITUTED UNDER RULE 10 OF THE KERALA CAPTIVE ELEPHANTS (MANAGEMENT AND MAINTENANCES)RULES 2012)CIVIL STATION.P.O, KOZHIKODE,PIN-673020 ( ADDL.R5) IS IMPLEADED AS PER ORDER DTD

05/03/2019 IN I.A.1/2019)

SRI. SANDESH RAJA K, SPECIAL GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The first petitioner is the Managing Committee of a temple. The yearly festival of the temple is scheduled to be conducted from 30.03.2019 to 04.04.2019. In connection with the festival, elephant procession is being conducted for the last so many years. Thereupon petitioners have submitted Ext.P3 representation before the 3^rd respondent for necessary permission. However as per Ext.P4, permission was declined as the first petitioner was not registered in the District Committee as directed by the judgment of the Apex Court reported in [2016 (1) KLT SN 80(C.No.85) SC] Wildlife Rescue and Rehabilitation Centre vs. Union of India. Thereupon, now petitioners have submitted Ext.P7 application before the additional 5^th respondent and Ext.P8 application before the 3^rd respondent for registration as well as permission respectively. The relief sought for by the petitioners is consideration of the applications by the said respective statutory authorities in a time bound manner.

2. Having heard learned counsel for the petitioners and the learned Special Government Pleader for Forest, there will be a direction to the additional 5^th respondent to finalise Ext.P7 application in accordance with law, at the earliest and at any rate, within a week from the date of receipt of a copy of this judgment. If the petitioners are able to secure the registration, Ext.P8 application shall be considered by the 3^rd respondent at the earliest, and at any rate, within a week thereafter, bearing in mind that the festival is scheduled from 30.03.2019.

The writ petition is disposed of, accordingly.

Sd/-

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

EXHIBIT P1 COPY OF THE PUBLIC NOTICE PUBLISHED IN CONNECTION WITH THE FESTIVAL FOR THE YEAR 2019 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED

1.2.2019 SUBMITTED BY THE SECOND PETITIONER BEFORE THE GURUVAYOOR DEVASWOM.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED

12.2.2019 SUBMITTED BY THE SECOND PETITIONER BEFORE THE DISTRICT COLLECTOR KOZHIKODE EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED

12.2.2019 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED

19.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE CONSERVATOR OF FOREST, KOZHIKODE EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED

23.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P7 TR