Sreelakshmi Narendranath vs State Of Kerala
2021 Latest Caselaw 19223 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                               &
               THE HONOURABLE MR.JUSTICE K. BABU
 TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                    WP(C) NO. 18170 OF 2021
PETITIONER:

          VAIGA LAKSHMI.S.P
          AGED 10 YEARS
          (MINOR), D/O. SATHEESAN P,
          MULLANKUNNU HOUSE, KAVUMBHAGAM,
          UMMANCHIRA, KANNUR, PIN-670 649
          (REPRESENTED BY HER FATHER AND GUARDIAN
          SATHEESAN P, MULLANKUNNU HOUSE, KAVUMBHAGAM,
          UMMANCHIRA, KANNUR, PIN-670 649).

          BY ADVS.
          RAJESH VIJAYAN
          SIKHA S.NAIR



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     THE TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY,
          DEVASWOM BUILDINGS, NANTHANCODE,
          THIRUVANANTHAPURAM-695 003.

    3     THE DEVASWOM COMMISSIONER
          OFFICE OF THE DEVASWOM COMMISSIONER,
          DEVASWOM BUILDINGS, NANTHANCODE,
          THIRUVANANTHAPURAM-695 003.

    4     SUPERINTENDENT OF POLICE
          PATHANAMTHITTA, KERALA-689 645.
 W.P.(C).Nos.18170 & 18619 of 2021

                                    2


             BY ADVS.
             SHRI.N.MANOJ KUMAR, STATE ATTORNEY
             SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
             SHRI.S.RAJ MOHAN, GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.09.2021, ALONG WITH WP(C).No.18619/2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.18170 & 18619 of 2021

                                       3




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                       &
                  THE HONOURABLE MR.JUSTICE K. BABU
  TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 18619 OF 2021
PETITIONER:

             SREELAKSHMI NARENDRANATH, MINOR
             AGED 9 YEARS
             D/O.P.S.NARENDRANATH, PATHALIL HOUSE,
             EDAKKULAM.P.O, RANNY,
             VADASSERIKARA, PATHANAMTHITTA DISTRICT-689672,
             REPRESENTED BY, FATHER AND NEXT FRIEND,
             P.S.NARENDRANATH, PATHALIL HOUSE,
             EDAKKULAM.P.O, RANNY,
             VADASSERIKKARA, PATHANAMTHITTA DISTRICT-689672.

             BY ADV AJEESH K.SASI


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             HOME DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2       STATE POLICE CHIEF AND DIRECTOR
             GENERAL OF POLICE, POLICE HEAD QUARTERS,
             VAZHUTHAKKADU, THIRUVANANTHAPURAM-695010.

     3       THE TRAVANCORE DEVASWOM BOARD
             REPRESENTED BY ITS SECRETARY,
             OFFICE OF THE TRAVANCORE DEVASWOM BOARD,
             NANTHANCODE, KAWDIAR.P.O,
             THIRUVANANTHAPURAM-695003.
 W.P.(C).Nos.18170 & 18619 of 2021

                                     4


             BY ADVS.
             SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
             SHRI.S.RAJ MOHAN, GOVERNMENT PLEADER




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021,     ALONG   WITH    WP(C).18170/2021,   THE   COURT   ON   THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.18170 & 18619 of 2021

                                     5


                            JUDGMENT

Anil K. Narendran, J.

Since a common issue is involved in these writ petitions they

are heard together and are being disposed of by this common

judgment.

2. W.P.(C)No.18170 of 2021:- The petitioner, who is a

minor girl aged 9 years (DOB 22.10.2011), represented by her

father and guardian, has filed this writ petition under Article 226 of

the Constitution of India, seeking an order directing the

respondents to grant her permission to personally offer prayers at

Sabarimala Temple along with her father or uncle, on any date

starting from 10.09.2021 [sic:16.09.2021], in connection with the

opening of Sabarimala Nada on the 1 st of Malayalam month Kanni

or Thulam. The petitioner has also sought for a writ of mandamus

commanding respondents 2 and 4 to consider and pass final orders

on Exts.P3 and P4 representations, in the light of Ext.P5 judgment

of this Court dated 16.04.2021 in W.P.(C)No.9769 of 2021.

3. W.P.(C)No.18619 of 2021:- The petitioner, who is a

minor girl aged 9 years (DOB 26.09.2012), represented by her W.P.(C).Nos.18170 & 18619 of 2021

father and guardian, has filed this writ petition seeking a writ of

mandamus commanding the respondents to grant her permission

to visit Sabarimala Temple and offer prayers, after taking booking

for darshan under Virtual-Q system.

4. When these writ petitions came up for admission, the

learned Senior Government Pleader and also the learned Standing

Counsel for Travancore Devaswom Board were directed to get

instructions and file statement.

5. The learned State Attorney has filed a statement dated

13.09.2021 in W.P.(C)No.18170 of 2021.

6. Heard the learned counsel for the petitioner in the

respective writ petitions, the learned Senior Government Pleader

for the State and the official respondents and also the learned

Standing Counsel for the Travancore Devaswom Board.

7. During the course of arguments, the learned Senior

Government Pleader would submit that the statement filed by the

learned State Attorney in W.P.(C)No.18170 of 2021 can be adopted

in W.P.(C).No.18619 of 2021 and that, a copy of that statement

has already been served on the learned counsel for the petitioner W.P.(C).Nos.18170 & 18619 of 2021

in that writ petition.

8. The learned counsel for the petitioner in the respective

writ petitions relied on the judgment of a Division Bench of this

Court dated 16.04.2021 in W.P.(C)No.9769 of 2021, in which one

among us (K.Babu, J.) was a party, and also the judgment of

another Division Bench dated 24.08.2021 in W.P.(C)No.16985 of

2021.

9. The petitioner in the respective writ petitions, who are

minor girls aged less than 10 years, have approached this Court in

these writ petitions, through their father and guardian, seeking

permission to personally offer prayers at Sabarimala Temple, along

with their father, in connection with the opening of Sabarimala

Nada on the 1st of Malayalam month Kanni or Thulam. The common

case projected by the learned counsel for the petitioner in the

respective writ petitions is that the parents of the minor children

had made a vow before their birth that they would be taken once

for Sabarimala Darshan. However, on account of the restrictions

imposed in connection with COVID-19 pandemic, the respondents

are not permitting them to personally offer prayers at Sabarimala W.P.(C).Nos.18170 & 18619 of 2021

Nada, along with their father.

10. In the judgment dated 16.04.2021 in W.P.(C)No.9769 of

2021, a Division Bench of this Court allowed a minor girl aged

below 10 years to visit Sabarimala Temple along with her parents

on the day on which her parents have obtained booking for

Darshan. In the said judgment, this Court found that Ext.R2(a)

minutes of the meeting held on 28.09.2020 and also the order

passed by this Court in S.S.C.R.No.9 of 2020, relating to the

pilgrimage season 2020-21, cannot be an impediment for

permitting the petitioner therein to have Darshan at the

Sabarimala Temple. In the judgment dated 24.08.2021 in W.P.

(C)No.16985 of 2021, another Division Bench of this Court has

permitted a minor girl aged 9 years to visit Sabarimala Temple

along with her parents on the day on which her parents have

obtained booking for Sabarimala Darshan.

11. The learned Senior Government Pleader would submit

that since the children below 18 years of age has not yet been

vaccinated, as vaccination is undertaken on the basis of national

policy, they are more vulnerable to COVID decease. Taking this W.P.(C).Nos.18170 & 18619 of 2021

into consideration, such children are not permitted to visit

Sabarimala, at present. If the situation improves before

15.11.2021, permission to visit Sabarimala will be considered. The

learned Senior Government Pleader would point out Annexure-

R1(a) Government order dated 04.08.2021, Annexure-R1(b) order

dated 07.08.2021 and Annexure-R1(c) dated 10.08.2021 issued

regarding the restrictions imposed in the State as part of COVID-19

containment activities.

12. The learned counsel for the petitioner in the respective

writ petitions would point out that the judgment of the Division

Bench in W.P.(C)No.16985 of 2021 is one dated 24.08.2021, much

after the issuance of Annexures R1(a) to R1(c) orders. The learned

counsel would also point out an interim order granted by a Division

Bench of this Court dated 17.08.2021 in W.P.(C)No.16955 of 2021,

permitting a minor girl aged 9 years to have Sabarimala Darshan

along with her father, on the day on which her father has secured

booking for Darshan. In that order, the Division Bench has taken

note of Annexures R1(a) and R1(b) orders dated 04.08.2021 and

07.08.2021.

W.P.(C).Nos.18170 & 18619 of 2021

13. The learned Standing Counsel for Travancore Devaswom

Board would submit that, during monthly pooja commencing from

16.09.2021, the number of devotees will be on lower side and all

devotees are required to produce RTPCR negative test result, taken

within 72 hours.

14. Having considered the pleadings and materials on

record, the decisions/order of the Division Bench of this Court

referred to supra, and also the submissions made by the learned

counsel on both sides, this Court finds that the petitioner in the

respective writ petitions, who are minor girls aged 9 years, can be

permitted to accompany their father for Sabarimala Darshan, on

any day on which their father has secured online booking for

Sabarimala Darshan in connection with the opening of Sabarimala

Nada from 16.09.2021 for monthly pooja.

15. In such circumstances, these writ petitions are disposed

of by permitting the petitioner in the respective writ petitions to

accompany their father for Sabarimala Darshan, on any day on

which their father has secured online booking for Sabarimala

Darshan, in connection with the opening of Sabarimala Nada from W.P.(C).Nos.18170 & 18619 of 2021

16.09.2021 for monthly pooja, subject to the condition that the

petitioner in the respective writ petitions and their father shall

produce RTPCR negative test result taken within 72 hours.

The learned Senior Government Pleader and also the learned

Standing Counsel for Travancore Devaswom Board shall

communicate a copy of this judgment to the concerned officials in

the Police Department and also the Travancore Devaswom Board,

to ensure that no inconvenience is caused to the minor children,

during their Darshan at Sabarimala.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K. BABU, JUDGE AS W.P.(C).Nos.18170 & 18619 of 2021

APPENDIX OF WP(C).NO.18170/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 25.07.2012 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THALASSERY MUNICIPALITY.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.531/2021/DMD DATED 17.07.2021.

EXHIBIT P3 A TRUE COPY OF THE REQUEST DATED 14.08.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE EMAIL DATED 12.08.2021 SUBMITTED BEFORE THE PRO, DEVASWOM.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 16.04.2021 IN WPC NO.9769/2021 PASSED BY THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS:

ANN.R1(A) TRUE COPY OF G.O.(RT) NO.564/2021/DMD DATED 04.08.2021

ANN.R1(B) TRUE COPY OF G.O.(RT) NO.571/2021/DMD DATED 07.08.2021.

ANN.R1(C) TRUE COPY OF G.O.(RT) NO.575/2021/DMD DATED 10.08.2021 W.P.(C).Nos.18170 & 18619 of 2021

APPENDIX OF WP(C).NO.18619/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER, DATED 17.01.2015

EXHIBIT P2 A TRUE COPY OF THE ADHAR CARD ISSUED IN THE NAME OF THE PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 16.04.2021 IN W.P(C)NO.9769/2021 OF THIS HON'BLE COURT.