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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..

Advocates:
['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

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