Kallada Jalolsava Samrakshana ... vs The District Collector

Citation : 2023 Latest Caselaw 10244 Ker
Judgement Date : 21 September, 2023

Kerala High Court
Kallada Jalolsava Samrakshana ... vs The District Collector on 21 September, 2023
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                       WP(C) NO. 31021 OF 2023


PETITIONER:

          KALLADA JALOLSAVA SAMRAKSHANA SAMITHI
          REGISTERED NO KLM/TC/339/2022, MANROE THURUTHU PO,
          KOLLAM, PIN:691502, REPRESENTED BY ITS GENERAL
          SSECRETARY, SANTHOSH C, ALIAS SANTHOSH ADOORAN,
          S/O CLEETUS, VALLAYATHU VARAMBIL, NENMENI,
          MONROETHURU PO, KOLLAM ., PIN - 691502

          BY ADV A.B.MOHANAKUMAR


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, KOLLAM DISTRIC
          COLLECTORATE, KOLLAM , PIN - 691013

    2     SUB COLLECTOR, KOLLAM, CIVIL STATION,
          KOLLAM, PIN - 691013

    3     INSPECTOR OF POLICE, KIZHAKKE KALLADA
          POLICE STATION, KOLLAM DISTRICT, PIN - 691502

    4     DISTRICT POLICE CHIEF, KOLLAM RURAL, RURAL
          DSPS OFFICE, KOTTARAKKARA, PIN - 691531

          SMT. VIDYA KURIAKOSE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 31021/23
                                        2

                             JUDGMENT

The limited plea of the petitioner, as impelled by their learned counsel - Sri.A.B.Mohanakumar, is that the competent among respondents be directed to take up Exts.P4 and P6 applications preferred by them, for the conduct of certain events, inter alia, relating to the golden jubilee of 'Kallada Jalolsavam' and felicitation of participants of the 'Nehru Trophy Boat Race', along with exhibition of six canal boats, subject to all requirements in law and adverting to the undertakings made by them in the latter of the representations, namely in Ext.P6.

2. Smt.Vidya Kuriakose - learned Government Pleader, submitted that if the petitioner only requires Exts.P4 and P6 to be taken up and disposed of in terms of law, there does not appear to be any legal impediment in doing so; but prayed that this Court may not make any affirmative declarations on their entitlement to any relief and leave it to the competent Authority to take a final decision as per law.

In the afore circumstances, I allow this Writ Petition and WPC 31021/23 3 direct competent among respondents 1 and 2 to take up Exts.P4 and P6 applications of the petitioner and to dispose of the same, after affording their authorised representative an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one week from the date of receipt of a copy of this judgment.

I make it clear that this Court has not directed the respondents to act in any particular manner and that it is up to them to take any apposite decision, infusing into it all relevant safeguards, as may be warranted.

Sd/-

RR                                               DEVAN RAMACHANDRAN
                                                         JUDGE
 WPC 31021/23
                                4

                APPENDIX OF WP(C) 31021/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE REGISTRATION CERTIFICATE

OF THE SOCIETY HAVING NO KLM/TC/339/2022 DATED 28.09.2022 Exhibit P2 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF KALLADA JALOLSAVA SAMRAKSHANA SAMITHI Exhibit P3 TRUE COPY OF THE POLICE CLEARANCE ISSUED FROM THE THIRD RESPONDENT'S OFFICE DATED 02-10-2022 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 07/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR KOLLAM FOR AND ON BEHALF OF THE KALLADA JALOLSAVA SAMRAKSHANA SAMITHI Exhibit P5 TRUE COPY OF THE NOTICE DATED 12-09-2023 ISSUED BY THE SUB COLLECTOR KOLLAM ON THE PETITIONER AND OTHERS Exhibit P6 TRUE COPY OF THE REVISED APPLICATION DATED 14-09-2023 SUBMITTED BEFORE THE SUB COLLECTOR KOLLAM BY THE PETITIONER FOR AND ON BEHALF OF THE KALLADA JALOLSAVA SAMRAKSHANA SAMITHI