2018 Supreme(Online)(KER) 6765
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
TUESDAY,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940
WP(C).No. 38247 of 2018
PETITIONER/S:
BAJIU.K
AGED 41 YEARS,
S/O PADMANABHAN, KOOMULLY HOUSE,
MODAKKALLUR.P.O, KOZHIKODE, KERALA-673 315.
BY ADVS.
SRI.T.D.SUSMITH KUMAR
SHRI.NANDAKUMAR K.
RESPONDENT/S:
1
STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2
THE SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3
THE SPECIAL COMMISSIONER,
SABARIMALA,
PATHANAMTHITTA-689645.
W.P.(C)No.38247/2018
..2..
4
THE DISTRICT COLLECTOR,
2ND FLOOR, DISTRICT COLLECTORATE,
PATHANAMTHITTA-689645.
5
THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM-695001.
6
TRAVANCORE DEVASWAM BOARD,
REPRESENTED BY ITS PRESIDENT, NANTHANCODE,
KAWDIAR, THIRUVANANTHAPURAM-695003.
7
UNION OF INDIA,
REP.BY SECRETARY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVT. OF INDIA, NEW DELHI-110001.
BY ADV. SRI.S.RAJMOHAN, SC, TDB
SR.GP.SRI.T.K.ANANDAKRISHNAN,
SMT.C.G.PREETHA-CGC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.38247/2018
..3..
['T D SUSMITH KUMAR', '', 'SHRI NANDAKUMAR K', 'SRI S RAJMOHAN', 'SC', 'TDB']
P.R.Ramachandra Menon, J.
The prayers are in the following terms:-
“i) to issue a Writ of Mandamus or any other
appropriate Writ, order or direction, directing
the Respondents to allow the Petitioner to
travel upto Pampa by deploying his Private
Car;
ii) to issue a Writ of Mandamus or any other
appropriate Writ, order or direction, directing
the Respondents to permit the Petitioner to
avail the Dolly Services as apt to the prevailing
health condition of the Petitioner then and
there;
iii) to issue a Writ of Mandamus or any other
appropriate Writ, order or direction, directing
the Respondents to allow three other devotees,
including his son to accompany the Petitioner
to extend aid and assistance to the Petitioner;
iv) to issue a Writ of Mandamus or any other
appropriate Writ, order or direction, directing
the Respondents to allow prioritised entry to
the Sanctum Sanctorum of the Temple to the
Petitioner and three other afore-named
devotees and observance of all Rituals and
ceremonies therein;
v) to issue a Writ of Mandamus or any other
appropriate Writ, order or direction, directing
the Respondent No.5 and their officials not to
cause any obstruction or any unwanted
interrogation or questioning to the Petitioner
and their person;
..4..
vi. to grant any other reliefs that are prayed
for and is deemed just and proper to grant in
order to secure ends of justice.”
2.
The learned counsel for the petitioner points out
that the petitioner is an ailing person who is inflicted with a
rare disease HSP (Henoch-Schonlein Purpura) which has quite
adversely affected his kidney resulting malfunctioning of
various other organs as well. It is stated that, by virtue of the
treatment availed by the petitioner, coupled with the divine
grace he has succeeded to get over the situation to a
considerable extent, adding that he is a devotee of Lord
Ayyappa and he is visiting the temple every year to make
offerings in this regard. The petitioner is constrained to move
this Court because of the various restrictions stated as
imposed by the police at Sabarimala and such other places
en route. The learned counsel for the petitioner submits that
the petitioner is being accompanied (because of his adverse
physical condition) by his son and three other persons and he
apprehends that the police may not permit him to have a
peaceful 'darsan', chanting 'saranamanthra', in group. Hence
the writ petition.
..5..
3.
When the matter came up for consideration before
this Court on the last occasion, it was pointed out by the
learned Government Pleader that there was absolutely no
obstruction with regard to chanting of 'saranamanthra' by any
devotee and that there was no bar in proceeding to Sabarimala
in groups, but for adding that the police may ascertain the
facts and figures with regard to identity of the persons
concerned in the process of normal interrogation and nothing
else.
4.
In view of the physical disability and the continuing
ailment pointed out in availing the public conveyance system
and also considering the prayer to permit him to proceed in his
'private car' upto Pamba and to come back, the learned
Government Pleader was required to get instructions as to
whether he could be given the facility of Ambulance or police
conveyance or such other mode, instead of public conveyance.
5.
Today, when the matter is taken up for further
consideration, the learned Government Pleader fairly submits
that, considering the particular nature and circumstances, the
..6..
petitioner's son and other three persons stated as
accompanying the petitioner could be permitted to proceed to
Pamba and come back in their own private vehicle bearing
No.KL-56-R-61-Maruti Swift LXI. A 'special pass' in this regard
shall be issued by the competent officer of the Police
Department at Nilakkal, which shall be affixed on the front
windshield of the car. It is also stated that appropriate
arrangements will be mad