Kerala High Court
K. C.Hanuchandran vs The District Disaster Management ... on 20 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943
WP(C).No.9969 OF 2021(U)
PETITIONER:
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.
BY ADVS.
SRI.M.R.ARUNKUMAR
SRI.P.SHAMMI NAVAS
RESPONDENTS:
1 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY THE CHAIRMAN/DISTRICT COLLECTOR, ALAPPUZHA-
688001.
2 THE CHAIRMAN/DISTRICT COLLECTOR,
DISTRICT COMMITTEE CONSTITUTED UNDER-KERALA CAPTIVE ELEPHANTS
(MANAGEMENT AND MAINTENANCE) RULES,
OFFICE OF THE DISTRICT COLLECTOR, ALAPPUZHA-688001.
3 THE DISTRICT POLICE CHIEF, ALAPPUZHA DISTRICT, ALAPPUZHA-688001.
4 THE ASSISTANT CONSERVATOR OF FOREST,
OFFICE OF THE ASSISTANT CONSERVATOR OF FOREST, KOMMADY,
ALAPPUZHA-688007.
5 THE ADMINISTRATIVE OFFICER/SPECIAL GRADE SUB GROUP OFFICER,
HARIPPAD SREE SUBRAHMANYA SWAMI TEMPLE, HARIPPAD, ALAPPUZHA-
690514.
6 THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, HARIPPAD-690514.
7 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM-695003.
8 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SC-TDB-SRI. G.SANTHOSH KUMAR, GP- SRI PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9969 OF 2021 2
JUDGMENT
V.G.Arun,J
The petitioner is aggrieved by Ext.P8, to the
extent the District Collector, Alappuzha has
denied permission for including 8 elephants in
the procession to be held in Chitra Ulsavam
Festival of the Harippad Sree Subramaia Swamy
Temple. In Ext.P8 permission is granted for only
3 elephants. The further grievance is regarding
the non-consideration of the mandatory rituals
pointed out in Ext.P9. In our considered opinion,
these are aspects which are best left for the
District Collector to decide, particularly in
view of the rapid spread of the pandemic. The
Government order dated 19.4.2021 imposing
restrictions on public participation in festivals
and prayers is brought to our notice. Hence, the
Writ Petition is disposed of without interfering
with the impugned order and leaving it open for
the competent authorities to take appropriate
decisions.
Sd/-
V.G.ARUN,JUDGE
sd/-
MURALI PURUSHOTHAMAN,
JUDGE
pm
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE LETTER SUBMITTED BY CHIEF THANTHRI
OF THE TEMPLE SRI.DEVAN KRISHNAN NAMBOOTHIRI
BEFORE THE 5TH RESPONDENT DATED 28/02/2021.
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 2ND RESPONDENT DATED 1.3.2021.
EXHIBIT P4 COPY OF THE RECEIPT NO.218782/2021/F2 ISSUED
FROM THE OFFICE OF THE 2ND RESPONDENT DATED
1.3.2021.
EXHIBIT P5 COPY OF THE CIRCULAR DATED 29.01.2021 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P6 COPY OF THE NEWS REPORT PUBLISHED IN
MATHRUBHUMI DAILY ON 29.03.2021.
EXHIBIT P7 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 8/4/2021 IN WPC NO.9284 OF 2021.
EXHIBIT P8 COPY OF THE ORDER OF THE DISTRICT COLLECTOR,
ALAPPUZHA IN FILE NO.DCALP/2545/2021-N5.
EXHIBIT P9 COPY OF THE REPRESENTATION FILED BY THE
THANTHRIS OF THE TEMPLE BEFORE THE 6TH
RESPONDENT DATED 15.04.2021.
EXHIBIT P10 COPY OF THE REPRESENTATION FILED BY THE SUB
GROUP OFFICE, TRAVANCORE DEVASWOM BOARD,
HARIPPAD BEFORE THE DISTRICT COLLECTOR,
ALAPPUZHA DATED 15.04.2021.
EXHIBIT P11 COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE DISTRICT COLLECTOR,
ALAPPUZHA DATED 15.04.2021.
