The court disposed of a writ petition seeking an elephant procession for a temple festival. holding the subject matter infructuous as the festival and parade had already occurred.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940
WP(C).No. 7222 of 2019
PETITIONER/S:
CHEMMIZHIKKATTUKAVU BHAGAVATHI KSHETHRA SAMITHI, REPRESENTED BY ITS SECRETARY, BALAKRISHNA MENON, S/O. KRISHNANKUTTY ELAYODOM, KANDANAD, THIRUVANKULAM P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT 682 305.
BY ADVS. SRI.K.SHRIHARI RAO SMT.N.SHOBHA
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, CIVIL STATION KAKKANAD, ERNAKULAM DISTRICT 682 030.
2 THE ASSISTANT FOREST CONCERVATOR, SOCIAL FORREST DIVISION, MANIMALA ROAD, EDAPALLY, EDAPALLY P.O., ERNAKULAM DISTRICT 682 024.
3 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, WILDLIFE, AND CHEF WILDLIFE WARDEN KERALA, THIRUVANANTHAPURAM. 695 004.
R1 TO R3 BY SPL.GP SANDESH RAJA K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7222 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:-
“(i) Call for the entire records leading to Exhibit P4 order dated 16.2.2019 of the 2nd respondent and issue a writ of certiorari or any other appropriate writ order or direction and thereby quash the same.
(ii) Issue appropriate direction to the 1st respondent to include the name of Chemmizhikkattukavu Bhagavathi Temple, Kandanad, Thiruvankulam P.O, Kanayannur Taluk, Ernakulam District - 682305 in the register kept by the District Committee headed by the 1st respondent regarding the use of elephants etc. by considering the Exhibit P2 representation.
(iii) Issue appropriate direction to the 1st and 2nd respondents to allow the petitioner to use one elephant on 15.3.2019 during the annual festival of the Temple.
(iv) Pass such other orders deemed fit in the facts and circumstances of the case.
(v) Grant the petitioner the costs of the Writ Petition (Civil).”
11.03.2019, in the following manner.
WP(C).No. 7222 of 2019 3
“In the meanwhile, there will be a direction to the 1st respondent to consider Ext.P2 and register the temple, if there are no legal impediments standing in the way, enabling the temple to conduct elephant procession at the earliest and thereafter, if the petitioner produces the order before the 2nd respondent, the application for conducting the elephant procession shall be considered immediately , taking into account, the orders passed by the 1st respondent, at the earliest.”
Sd/-
SHAJI P.CHALY
JUDGE
uu 21.03.2019
WP(C).No. 7222 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE 1ST PAGE OF FESTIVAL NOTICE OF THE YEAR 2019 ISSUED BY THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 14.2.2019 OF THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 18.2.2019 OF THE 1ST RESPONDENT TO THE TAHSILDAR, KANAYANNUR TALUK. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16.2.2019 OF THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 28.2.2019 IN WPC NO. 6112/19 OF THIS HONBLE COURT.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
CHEMMIZHIKKATTUKAVU BHAGAVATHI KSHETHRA SAMITHI
THE DISTRICT COLLECTOR, CIVIL STATION KAKKANAD
THE ASSISTANT FOREST CONCERVATOR
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
SHAJI P.CHALY
As recorded by the court registry
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