In this writ petition, the petitioners sought permission to conduct a 'Sivaratri' festival. An interim order permitting the festival was passed earlier. On the date of hearing, the court closed the petition recording that the festival was over and no further relief survived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938
WP(C).No. 8482 of 2016 (I)
PETITIONER(S) :
1. PERUMANI SIVA KSHETHRA HYNDAVA SEVA TRUST, REGISTER NO.190/12, REPRESENTED BY ITS SECRETARY, SRI.A.G.MOHANAN, S/O.GOPALAN NAIR, AGED 60 YEARS, VENGOLA P.O., PERUMANI, KUNNATHUNAD TALUK, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 556.
2. VISHNU KRISHNAN, S/O.KRISHNAN KUTTY, THE PRESIDENT, PERUMANI SIVA KSHETHRA HYNDAVA SEVA TRUST, REGISTER NO.190/2, VENGOLA P.O., PERUMANI, KUNNATHUNAD TALUK, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 556.
BY ADVS. SRI.K.SHRIHARI RAO SMT.N.SHOBHA
RESPONDENT(S) :
1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT - 682 036.
2. THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL , ALUVA - 683 101.
3. THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, MUVATTUPUZHA, MUVATTUPUZHA P.O. - 686 669.
4. SAIDU K.M., KARUVELLY HOUSE, VENGOLA P.O., ARAKKAPDI VILLAGE, PERUMANI, ERNAKULAM DISTRICT-683 556.
..2/-
..2..
WP(C).No. 8482 of 2016 (I)
5. ABDUL RAHMAN K.K., KARUVELLY HOUSE, VENGOLA P.O., ARAKKAPADI VILLAGE, PERUMANI, ERNAKULAM DISTRICT -683 556.
*** ADDITIONAL R4 & R5 ARE IMPLEADED AS PER ORDER DATED 05.08.2016 IN I.A.NO. 3793 OF 2016.**
R1 TO R3 BY GOVERNMENT PLEADER SRI. RON BASTIN ADDL R4 & R5 BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SMT.SITHARA SHAMSUDEEN SRI.C.M.EBRAHIM SRI.SHOUKATH HUSAIN SMT.PRIYANKA SEBASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 8482 of 2016 (I)
APPENDIX
PETITIONER(S)' EXHIBITS :
P2 TRUE COPY OF THE ORDER DATED 4.3.2015 OF THE 3RD RESPONDENT.
P7 TRUE COPY OF LETTER DATED 14.12.2015 OF THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
P10 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 12.2.2016 OF THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R4(A): COPY OF THE DOCUMENT NO. 5706/2013 DATED 1.11.2013 REGISTERED IN FAVOUR OF THE 1ST PETITIONER AT SUB REGISTRY OFFICE, PERUMBAVOOR.
EXHIBIT R4(B): COPY OF THE LAND ASSIGNMENT REPORT DATED 10.9.1969 SUBMITTED BY THE SPL. REVENUE INSPECTOR, KUNNATHUNAD.
EXHIBIT R4(C): COPY OF THE RELEVANT PORTION OF THE SETTLEMENT REGISTER IN RESPECT OF THE PROPERTY COMPRISED IN RE SY.NO. 465/1/A & B.
WP(C).No. 8482 of 2016 (I)
| EXHIBIT R4(D): | COPY OF THE RELEVANT PORTION OF THE SETTLEMENT REGISTER IN RESPECT OF THE PROPERTY COMPRISED IN RE SY. NO. 465/1 V. |
|---|---|
| EXHIBIT R4(E): | COPY OF THE APPLICATION DATED 09.06.2016 SUBMITTED BY THE ADDL. RESPONDENTS TO THE VILLAGE OFFICER UNDER RTI ACT. |
| EXHIBIT R4(F): | COPY OF THE REPLY DATED 04.07.2016 FURNISHED BY THE VILLAGE OFFICER, ARAKKAPPADY FOR ANNEXURE (E) |
| EXHIBIT R4(G): | COPY OF THE COMPLAINT DATED 29.12.2015 BY THE ADDL. RESPONDENTS AND OTHERS TO THE 2ND RESPONDENT. |
| EXHIBIT R4(H): | COPY OF THE REPORT NO. 1555/SBA/15/ER DATED /2/16 SUBMITTED BY THE DY.SP, SPECIAL BRANCH TO THE 3RD RESPONDENT. |
| EXHIBIT R4(I): | TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 23.07.2016 TO THE 1ST RESPONDENT. |
| EXHIBIT R4(J): | TRUE COPY OF THE REPORT TO THE 1ST RESPONDENT ON 03.10.2016. |
| //TRUE COPY// P.S.TO JUDGE. |
Msd.
SHAJI P. CHALY, J.
W.P.(C) No.8482 of 2016
Dated this the 21st day of November, 2016
JUDGMENT
This writ petition is filed seeking permission to the petitioners to conduct 'Sivaratri' festival and other connected poojas on 07.03.2016. Accordingly, on 04.03.2016, an interim order was passed by this Court permitting the petitioners to conduct the festival.
the festival is over and no more relief is surviving. Therefore, the writ petition is closed recording the submission made by learned counsel for the petitioners.
Sd/-
SHAJI P. CHALY JUDGE
//true copy//
P.S. to Judge
St/21.11.2016
Perumani Siva Kshethra Hyn Dav a Se va Trust
Vishnu Krishnan
District Collector
District Police Chief
Revenue Divisional Officer
Saidu K.M.
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
