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,

4

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

5

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