Kerala High Court
Aishwarya Shankar (Minor) vs State Of Kerala on 14 September, 2021
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. 16955 OF 2021
PETITIONER:
AISHWARYA SHANKAR (MINOR), AGED 9 YEARS
D/O. SANKAR M., RESIDING PERMANENTLY AT ROHINI,
HOUSE NO.72, MYTHRI NAGAR, PATTATHANAM P. O.,
KOLLAM - 691021, REPRESENTED BY HER FATHER AND NEXT
FRIEND SHANKAR M., S/O. N. K. MANI, AGED 39 YEARS,
RESIDING PERMANENTLY AT ROHINI, HOUSE NO.72,
MYTHRI NAGAR, PATTATHANAM P. O., KOLLAM - 691 021.
BY ADVS.
NIRMAL V NAIR
A.HAROON RASHEED(K/190/2006)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 STATE POLICE CHIEF AND THE DIRECTOR GENERAL OF
POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695010.
3 TRAVANCORE DEVASWOM BOARD, NANDANCODE,
KAWDIAR P. O., THIRUVANANTHAPURAM - 695003,
REPRESENTED BY ITS SECRETARY.
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, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.16955 of 2021
2
JUDGMENT
Anil K. Narendran, J.
Petitioner, who is a minor girl aged 9 years, has filed this writ
petition seeking an order directing the respondents herein to grant
her permission to personally offer prayers at Sabarimala Temple
along with her father or uncle.
2. On 17.08.2021, when this writ petition came up for
consideration, this Court passed the following orders:
"This writ petition is filed by a minor seeking direction to
respondents 1 to 3 namely, State of Kerala, State Police Chief
and the Travancore Devaswom Board, to ensure that the
petitioner is able to make Sabarimala Darshan along with her
father on the day on which the petitioner's father has secured
booking for Darshan.
2. Case of the petitioner is that, her father is proceeding
to Sabarimala on 23.08.2021, by virtue of an online booking.
Learned Counsel has invited our attention to Ext.P6
Government Order dated 04.08.2021, in regard to the Disaster
Management Department - Covid-19 containment activities -
relaxation and restrictions from 05.08.2021. Learned Counsel
has further invited our attention to paragraph Nos. 4 and 10 of
the Annexure accompanying the Government Order and they
read thus:-
"iv. Only persons who have taken at least one dose of
COVID19 vaccine before two weeks, or who are in
possession of RTPCR negative certificate taken 72 hours
before or who is in possession of COVID-19 positive
results more than a month old will be allowed inside
(workers/visitors) in shops, markets, banks, public and
private offices, financial institutions, factories, industrial
establishments, open tourist spaces and other
establishments.
x. Children who have not been vaccinated can
accompany adults in point (iv)."
W.P.(C).No.16955 of 2021
3. So also, our attention was invited to Ext.P4 judgment
rendered by a Division Bench of this Court in W.P.(C).No.9769
of 2021 dated 16.04.2021, whereby, under similar
circumstances, a girl child was permitted to accompany her
father for Sabarimala Darshan.
4. We have heard learned Counsel for the petitioner Sri.
Nirmal V. Nair, learned Senior Government Pleader Sri.
K.P.Harish Kumar and learned Standing Counsel for the
Devaswom Board Sri. G.Biju, and perused the pleadings and
materials on record. Learned Government Pleader and the
learned Standing Counsel for the Devaswom Board stoutly
opposed the reliefs sought for in the writ petition.
5. However, on an analysis of the judgment rendered by
this Court and the Government Order referred to above, and
the paragraphs extracted, we are of the considered opinion
that an interim order can be passed permitting the petitioner
to accompany her father for Sabarimala Darshan on
23.08.2021. Therefore, we permit the petitioner to accompany
her father Sri. Shankar M., residing at House No.72, Mythri
Nagar, Pattathanam P.O., Kollam - 691021, on 23.08.2021,
and the respondents are directed to make necessary
arrangements for compliance of the order.
3. Today when the matter is taken up for consideration, it
is submitted by the learned counsel for the petitioner that the
petitioner had Darshan at Sabarimala, in terms of the interim order
of this Court dated 17.08.2021.
In such circumstances, recording the said submission the writ
petition is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
K. BABU, JUDGE
AS
W.P.(C).No.16955 of 2021
APPENDIX OF WP(C) 16955/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER.
Exhibit P2 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER'S FATHER, SRI SHANKAR M.
Exhibit P3 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER'S MOTHER, SMT. LEKSHMI M. B.
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
16.04.2021 IN WP(C) NO.9769 OF 2021 ON
THE FILES OF THIS HONOURABLE COURT.
Exhibit P5 A TRUE COPY OF THE VIRTUAL-Q BOOKING
COUPON ISSUED TO THE PETITIONER'S FATHER.
Exhibit P6 A TRUE COPY OF THE G.O.(RT)
NO.564/2021/DMD DATED 04.08.2021 ISSUED
BY THE DISASTER MANAGEMENT DEPARTMENT.
