Kerala High Court
Ameya Vinayan.T.P vs State Of Kerala on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 19330 OF 2021
PETITIONER:
AMEYA VINAYAN.T.P
AGED 9 YEARS
D/O VINAYAN T.P, VYDOORYAM, 39/1892A, THAZHATHE
PURAYIL, PALLIKKANDI CROSS ROAD, PUTHIYANGADI,
KOZHIKODE-673 021, BEING A MINOR REPRESENTED BY
HER FATHER AND NEXT FRIEND SRI. VINAYAN T.P. AGED
47, S/O FALGUNAN T.P, 39/1892A, VYDOORYAM,
PADINJARE VATTAKANDY, PALLIKANDY, PUTHIYANGADI,
KOZHIKODE-673 021.
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA-695 001.
2 STATE POLICE CHIEF AND THE DIRECTOR GENERAL OF
POLICE,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA-695 010.
3 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KAWDIAR.
WP(C) NO. 19330 OF 2021
2
SRI S.RAJMOHAN-SR GOVERNMENT PLEADER ;
SRI G.BIJU-STANDING COUNSEL, TRAVANCORE DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19330 OF 2021
3
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a minor girl aged 9 years (DOB
29.10.2011), represented by her father and guardian, has filed
this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding the respondents to
allow her to book in the online portal for Sabarimala Darshan
and permit her to personally offer prayers at Sabarimala. The
document marked as Ext.P3 is a copy of virtual queue booking
coupon, as per which, the petitioner's father Sri.Vinayan T.P. is
allotted a slot for Sabarimala Darshan on 20.09.2021, between
10.00 a.m. - 11.00 a.m., who has to report between 07.00 a.m.
- 9.00 a.m. In the said booking coupon it is provided that he
has to bring photo ID card and Covid-19 negative certificate
(RT-PCR) issued within 48 hours of the date of darshan, for
verification.
2. Today, when this writ petition came up for
admission, considering the urgency pointed out by the learned
counsel for the petitioner, the matter was ordered to be listed
at 1.45 p.m. and the learned Senior Government Pleader and
also the learned Standing Counsel for Travancore Devaswom
WP(C) NO. 19330 OF 2021
Board were directed to get instructions.
3. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader for respondents 1 and 2
and also the learned Standing Counsel for the 3 rd respondent
Travancore Devaswom Board.
4. During the course of arguments, the learned counsel
for the petitioner would rely on Ext.P4 judgment of a Division
Bench of this Court dated 16.04.2021 in W.P.(C)No.9769 of
2021 and the judgment of another Division Bench dated
24.08.2021 in W.P.(C)No.16985 of 2021. The learned counsel
would also rely on the judgment of another Division Bench
dated 14.09.2021 in W.P.(C)Nos.18170 & 18619 of 2021, in
which one among us [AKN(J)] is a party.
5. The petitioner, who is a minor girl aged less than 10
years, has approached this Court in this writ petition, through
her father and guardian, seeking permission to personally offer
prayers at Sabarimala Temple, along with her father, in
connection with the opening of Sabarimala Nada on the 1 st of
Malayalam month Kanni or Thulam. The case projected by the
learned counsel for the petitioner is that the parents of the
WP(C) NO. 19330 OF 2021
minor child had made a vow before her birth that she 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 her to personally offer
prayers at Sabarimala Nada, along with her father.
6. 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. In the judgment dated 14.09.2021 in W.P.
WP(C) NO. 19330 OF 2021
(C)Nos.18170 and 18619 of 2021, another Division Bench, in
which one among us is a party, has permitted two minor girls
aged 9 years 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, subject
to the condition that they shall produce RT-PCR negative test
result taken within 72 hours.
7. The learned Senior Government Pleader would
submit that since the children below 18 years of age have not
yet been vaccinated, as vaccination is undertaken on the basis
of national policy, they are more vulnerable to COVID decease.
Taking this 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
Government orders dated 04.08.2021, 07.08.2021 and
10.08.2021 issued regarding the restrictions imposed in the
State as part of COVID-19 containment activities. Though RT-
PCR negative test result issued within 48 hours of the date of
WP(C) NO. 19330 OF 2021
Darshan is provided in Ext.P3 virtual queue booking coupon,
Covid-19 negative certificate (RT-PCR) issued within 72 hours of
the date of Darshan is only insisted upon, at present.
8. The learned counsel for the petitioner 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 the aforesaid Government 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 Government orders
dated 04.08.2021 and 07.08.2021. That writ petition was closed
by the judgment dated 14.09.2021, since it was reported that
the petitioner therein had Sabarimala Darshan in terms of that
interim order. In the judgment dated 14.09.2021 in W.P.
(C)Nos.18170 and 18619 of 2021 the Division Bench has
permitted two minor girls aged 9 years to have Sabarimala
Darshan along with their father.
WP(C) NO. 19330 OF 2021
9. 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.
10. Having considered the pleadings and materials on
record, the decisions 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, who is a
minor girl aged 9 years, can be permitted to accompany her
father for Sabarimala Darshan, on the day on which her father
has secured online booking for Sabarimala Darshan in
connection with the opening of Sabarimala Nada from
16.09.2021 for monthly pooja.
11. In such circumstances, this writ petition is disposed
of by permitting the petitioner to accompany her father for
Sabarimala Darshan, on 20.09.2021, who is allotted slot for
Sabarimala Darshan on that day, as evidenced by Ext.P3 virtual
queue booking coupon, subject to the condition that the
petitioner and her father shall bring photo ID card and produce
WP(C) NO. 19330 OF 2021
RTPCR negative test result taken within 72 hours of the date of
Darshan.
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
child, during her Darshan at Sabarimala.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MOHAMMED NIAS C.P., JUDGE
AV/17/9
WP(C) NO. 19330 OF 2021
APPENDIX OF WP(C) 19330/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE AADHAR CARD OF THE
PETITIONER DATED NIL
Exhibit P2 COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER DATED 22.4.2013
Exhibit P3 COPY OF THE SCREEN SHOT OF THE PORTAL
FOR VIRTUAL QUEUE FOR SABARIMALA
CONTAINING THE DETAILS OF THE
PETITIONERS FATHER DATED 15.9.2021
Exhibit P4 COPY OF THE JUDGMENT IN WPC 9769/21
DATED 16.4.2021
