Partly allowed

K.C.Hanuchandran v. the District Disaster Management Authority

Kerala HC8 Apr 2021WP(C)/9284/2021

Case brief

AI extract

What is this about?

Petitioner sought permission for conducting Chithira Festival with elephants. Court noted administrative letters exchanged and felt waiting for Sub-Group Officer response was unnecessary given the specific circumstances.

What did the court decide?

Direction to first respondent to pass appropriate orders on Ext.P2 by 12.4.2021 noting Covid-19 circumstances.

K.C.Hanuchandran Vs the District Disaster Management… — Writ and Judicial Review | Kerala HC (2021)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

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WP(C).No.9284 OF 2021(I)

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PETITIONER:

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K.C.HANUCHANDRAN, AGED 43 YEARS S/O.CHANDRASENAN, UMA BHAVAN (KUTTATHETH), THULAMPARAMBU NORTH, HARIPPAD P.O., SECRETARY, HARIPPAD SREE SUBRAHMANYA SWAMI - MAHA KSHETRA UPADESAKA SAMITHI, HARIPPAD, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS

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RESPONDENTS:

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1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY REPRESENTED BY THE CHAIRMAN/DISTRICT COLLECTOR, ALAPPUZHA - 688 001.

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2 THE DISTRICT POLICE CHIEF ALAPPUZHA DISTRICT, ALAPPUZHA - 688 001.

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3 THE ASSISTANT CONSERVATOR OF FOREST OFFICE OF THE ASSISTANT CONSERVATOR OF FOREST, KOMMADY, ALAPPUZHA - 688 007.

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4 THE ADMINISTRATIVE OFFICER/SPECIAL GRADE SUB GROUP OFFICER, HARIPPAD SREE SUBRAHMANYA SWAMI TEMPLE, HARIPPAD, ALAPPUZHA - 690 514.

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5 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, HARIPPAD - 690 514.

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W.P.(C)No.9284 of 2021

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6 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003.

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7 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. SPL. G.P.SRI.K.SANDESH RAJA S.C. FOR TDB SRI G.SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.9284 of 2021

JUDGMENT

Ravikumar, J.

This writ petition has been filed seeking a direction to the District Collector, who is also the Chairman of the District Disaster Management Authority, to give permission to conduct Chithira Festival in Harippad Sree Subrahmanya Swami Temple by using the required number of elephants. The petitioner is the Secretary of the Temple Advisory Committee of the Temple. The very documents produced by the petitioner would reveal that for the said purpose the Sub-Group Officer, Harippad Devaswom had already approached the first respondent as per Ext.P2 dated 1.3.2021. The festival of the temple will commence from 14.4.2021. There is no reason to presume that the first respondent would not take a decision on the request from the Sub-Group Officer expeditiously, taking note of the said aspect. In such circumstances, it was absolutely unnecessary, according to us, for the petitioner to approach this Court without waiting for the outcome of Ext.P2. Nonetheless, this writ petition is disposed

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W.P.(C)No.9284 of 2021

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of with a direction to the first respondent to pass appropriate

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orders on Ext.P2 in accordance with law and taking note of the entire circumstances prevailing due to Covid-19 pandemic, on or before 12.4.2021.

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Sd/- C.T.RAVIKUMAR Judge

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Sd/- MURALI PURUSHOTHAMAN Judge

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TKS

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W.P.(C)No.9284 of 2021

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APPENDIX

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PETITIONER's EXHIBITS:

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EXHIBIT P1 COPY OF THE LETTER DATED 28/2/2021 SUBMITTED BY CHIEF THANTHRI OF THE TEMPLE SRI.DEVAN KRISHNAN NAMBOOTHIRI BEFORE THE 5TH RESPONDENT.

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EXHIBIT P2 COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 1/3/2021 ALONG WITH STATEMENT. EXHIBIT P3 COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1/3/2021. EXHIBIT P4 COPY OF THE RECEIPT NO.218782/2021/F2 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 1/3/2021. EXHIBIT P5 COPY OF THE CIRCULAR DATED 29/1/2021 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY ON 29/3/2021.

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TKS

K.C.Hanuchandran v. the District Disaster Management Authority

Case brief

What is this about?

What did the court decide?

K.C.Hanuchandran v. the District Disaster Management Authority

Case brief

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What did the court decide?

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