Disposed

Soopi K.S. v. the District Collector

Kerala HC15 Jan 2021WP(C)/952/2021

Case brief

AI extract

What is this about?

This writ petition challenged an order permitting a festival with elephants in a containment zone and sought directions to prevent crowds. The court directed strict adherence to COVID protocols, restricted processions, and closed the petition as parties agreed no further orders were necessary.

What did the court decide?

Directed stakeholders to conduct rituals strictly per COVID protocols with no processions; closed the petition as no further orders were necessary.

Soopi K.S. Vs the District Collector — Public Procurement and Tenders | 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 SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

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WP(C).No.952 OF 2021(T)

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PETITIONER:

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SOOPI K.S. AGED 41 YEARS S/O.SULAIMAN, RESIDING AT KALAPATTI HOUSE, KANJIRAMATTOM PO, AMBALLUR PANCHAYAT, ERNAKULAM DISTRICT PIN 682 315

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BY ADVS. SRI.K.C.ELDHO SRI.MALLENATHAN.M.

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR

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CIVIL STATION, KAKKANAD, ERNAKULAM 682030

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2 THE RECEIVER

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M.K.ABOOBACKER ADVOCATE, KANJIRAMATTOM SHEIKH FARIDUDDIN MAKBARA JUMA MASZID, KANJIRAMATTOM 682 315

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3 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA RURAL 683 101

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4 CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, MULANTHURUTHY, ERNAKULAM 682 314

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OTHER PRESENT:

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SMT.VINITHA.B, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.952 OF 2021(T)

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J U D G M E N T

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This writ petition is filed seeking the

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following reliefs:

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a) Call for the records leading to Exhibit P5 and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.

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b) Issue a writ of mandamus or any other appropriate writ order or direction compelling the respondents 3 and 4 to ensure that there is no crowd on 14.1.2021 in and around the second respondent mosque and to avoid any gatherings and ensure that the prohibitions in the containment zone as directed by Government of Kerala is strictly adhered to.

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c) Issue such other writ order or directions as this Hon'ble Court deem fit while consideration the peculiar circumstances of the case in the interest of justice.

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2. An interim order was passed on 13.01.2021,

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which reads as follows:

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Exhibit P5 order permitting to conduct the Chandana uruz kudam festival with elephants is under challenge pointing out that Ward No.15 of Amballoor, where the mosque is situated, is declared as a containment area as per Ext.P2 notification, with effect from 07.01.2021, as Sl.No.2. Learned Counsel for the petitioner pointed out that in Ext.P5 order there is no reference to Ext.P2, though the petitioner had submitted Ext.P5 representation pointing out the same, on 07.01.2021.

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The learned Government Pleader on instructions submits that only one road in ward No.15 is declared as containment area. According to the learned counsel for the petitioner, the said road is on one side of the mosque and celebration with elephants would definitely be in violation of Covid-protocol.

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I heard Adv.Aboobaker, learned Receiver also,

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WP(C).No.952 OF 2021(T)

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who seriously opposed the prayers in this Writ Petition. However, the learned Receiver submits that he had also submitted a representation before the District Collector, seeking clarification as to whether the function can be conducted in a containment zone.

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The learned Government Pleader submits that permission is granted to conduct the rituals strictly in accordance with COVID protocol.

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Therefore, whatever be the permission granted in Ext.P5, there shall be a direction to the respondents as well as the stakeholders concerned including the Receiver, to see that the rituals are conducted strictly in accordance with COVID protocol and it should be restricted to the minimum. No procession shall be conducted. The Police personnel and the Sectoral Magistrates shall take all steps to see that there is no violation of COVID Protocol, taking note of Ext.P2.

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It is made clear that it will be open to the District Collector to issue revised orders taking note of the prevailing circumstances including Ext.P2.

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Learned counsel on either side submits that

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the rituals were conducted strictly in accordance with COVID Protocol and in terms of the interim order. Therefore no further orders are necessary in this writ petition.

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The writ petition is closed.

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Sd/- P.V.ASHA, JUDGE

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WP(C).No.952 OF 2021(T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF PHOTOGRAPHS SHOWING LAST YEARS FESTIVAL IN THE YEAR 2020 JANUARY

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EXHIBIT P2 A TRUE COPY OF THE PUBLICATION OF THE CONTAINMENT ZONE BY THE DISTRICT COLLECTOR, ERNAKULAM

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EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DISTRICT COLLECTOR DATED 7/1/2021

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EXHIBIT P4 A TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF EXHIBIT P3 DATED 7/1/2021

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EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 11/1/2021 ISSUED BY THE FIRST RESPONDENT DISTRICT COLLECTOR

Soopi K.S. v. the District Collector

Case brief

What is this about?

What did the court decide?

Soopi K.S. v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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