Dismissed

Bhagyanagar Ayyappa Seva Samithi (Bass) v. State of Kerala

Kerala HC11 Dec 2020WP(C)/27602/2020

Case brief

AI extract

What is this about?

A single judge of the High Court of Kerala dismissed a writ petition filed by Bhagyanagar Ayyappa Seva Samithi seeking permission to conduct Annadhanam at Nilakkal during the Sabarimala festival season 2020-2021, citing the existing pandemic restrictions and a similar prior petition.

What did the court decide?

Petition dismissed as the prayer is subsumed under a previously dismissed petition and the situation has not changed due to the pandemic.

Bhagyanagar Ayyappa Seva Samithi (Bass)… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942

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WP(C).No.27602 OF 2020

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PETITIONER:

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BHAGYANAGAR AYYAPPA SEVA SAMITHI (BASS) H.NO. 5-2-899, RISALA ABDULLA, OSMANGUNJ, HYDRABAD, REPRESENTED BY ITS PRESIDENT, K.RADHAKRISHNA, S/O. LATE K.LINGAM, AGED 44 YEARS, RESIDING AT H.NO.5-2-899, RISALA ABDULLA, OSMANGUNJ,HYDRABAD.

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BY ADV. SRI.K.MOHANAKANNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEVASWOM DEPARTMENT, THIRUVANANTHAPURAM - 695001.

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2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM-695003.

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3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM - 695003.

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W.P.(C).27602/2020

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4 THE SPECIAL COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM - 695003.

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5 THE EXECUTIVE OFFICER SABARIMALA TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM - 695003.

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SRI.G.BIJU, SC, TDB G.P-SRI.RENIL ANTO KANDAMKULAHY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).27602/2020

JUDGMENT

Ravikumar, J.

Bhagyanagar Ayyappa Seva Samithi (BASS), which is a charitable society registered under Andhra Pradesh Societies Registration Act filed this writ petition seeking issuance of a writ of mandamus commanding the respondents to permit the petitioner to conduct Annadhanam in Nilakkal (near Siva Temple) during the festival season 2020-2021. It is stated that petitioner is also rendering services for the welfare of the Ayyappa devotees and other pilgrims to Sabarimala. Its main aim is to provide free Annadhanam to the devotees of Ayyappa and it is further stated that to conduct Annadanam this year, it has made all arrangements. For getting permission for performing free Annadanam, Ext.P4 representation dated 19.10.2020 was submitted and it is still remaining unconsidered. It is in such circumstances that they filed this writ petition seeking the aforementioned prayer.

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Heard the learned counsel for the petitioner, the learned standing counsel for Travancore Devaswom Board (TDB) and also the

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W.P.(C).27602/2020

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learned Government Pleader.

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The learned Government Pleader as also the learned standing counsel for TDB submitted that W.P.(C) No.25478 of 2020 carrying similar prayer was considered by a Division Bench of this Court and the same was dismissed as per judgment dated 19.11.2020. A copy of the same was handed over for our perusal. We have gone through the same. True that a similar prayer for a direction to the TDB to permit the petitioner to provide free Annadhanam to the devotees coming to Sabarimala at Nilakkal was made therein besides the prayer to permit girls aged 8 to undertake the pilgrimage to Sabarimala. After taking note of the contentions as also the prayers, the Division Bench dismissed the writ petition in limine observing that COVID-19 situation restrains the Court from issuing any direction on the second prayer as well. Hence, it cannot be said that the prayer rejected as per judgment dated 19.11.2020 in W.P.(C) No. 25478/2020 and the prayer sought for in this writ petition are not similar. We do not find any reason to disagree with the reasoning of the Division Bench while passing judgment dated 19.11.2020 in W.P.(C) No.25478 of 2020 as

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W.P.(C).27602/2020

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the same situation still prevails. Taking note of the COVID-19 pandemic situation, the Government have already taken a decision to limit the number of pilgrims. Originally, it was limited to 1000 and thereafter, on its review the number has been enhanced to 2000. In SSCR No.9/2020, a judgment was passed by us on 15.10.2020. Taking note of decision No.3 taken in the Chief Minister's meeting conducted this year to the effect that Annadhanam would be served in limited quantity to devotees in a particular time in paper plates, this Court held thus:-

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“10. Decision No.3, said to have been taken in the Chief Minister's meeting, going by the statement of the learned Senior Government Pleader dated 6.10.2020, pertains to 'Annadhanam'. The words 'in limited quantity' is the reason for concern. The pilgrims from far away places, after tiresome trekking should be given food to satisfy the appetite. The concept of giving Annadhanam 'in limited quantity' is alien to the concept of 'Annadhanam', especially in Sabarimala. The TDB has to take appropriate steps to ensure supply of Annadhanam to the pilgrims.”

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The learned Standing Counsel for TDB submitted that pursuant to the said judgment, steps were taken by the TDB to supply food at

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W.P.(C).27602/2020 6

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Nilakkal, Pampa and Sannidhanam. Taking note of the number of pilgrims permitted to undertake pilgrimage this season, the pandemic situation, the aforesaid arrangement made by TDB as also the judgment dated 19.11.2020 in W.P.(C) No.25478 of 2020, we do not find any merit in this writ petition. The writ petition must fail and consequently, it is dismissed.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

W.P.(C).27602/2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO. 576 OF 2009 OF THE PETITIONER SAMITHI DATED 26.10.2009. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 37717/2018 DATED 10.12.2018. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 32049/2019 DATED 26.11.2019. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT, TRAVANCORE DEVASWOM BOARD DATED 19.10.2020.

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spc/

Bhagyanagar Ayyappa Seva Samithi (Bass) v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bhagyanagar Ayyappa Seva Samithi (Bass) v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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