Citation : 2023 Latest Caselaw 10244 Ker
Judgement Date : 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
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
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
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