Cochin Devaswom Board vs The District Collector
2023 Latest Caselaw 9423 Ker

WP(C) No.29054/2023                     1/5

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
             Friday, the 1st day of September 2023 / 10th Bhadra, 1945
                             WP(C) NO. 29054 OF 2023(F)
   PETITIONERS:

      1. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVSAWOM
         BOARD OFFICE, ROUND NORTH, THRISSUR - 680001.
      2. THE DEVASWOM OFFICER, RAVIPURAM DEVASWOM, RAVIPURAM, ERNAKULAM
         DISTRICT, PIN - 682015.

   RESPONDENTS:

      1. THE DISTRICT COLLECTOR, IN HIS CAPACITY AS THE CHAIRPERSON OF
         THE DISTRICT MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA
         CAPTIVE ELEPHANTS (MANAGEMENT AND MAINTENANCE) RULES, 2012.,
         COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT, PIN -
         682030.
      2. THE ASSISTANT CONSERVATOR OF FORESTS, SOCIAL FORESTRY DIVISION,
         MANIMALA ROAD, EDAPPALLY ERNAKULAM, PIN - 682024.
      3. THE DEPUTY FOREST CONSERVATOR, SOCIAL FORESTRY DIVISION, MANIMALA
         ROAD, EDAPPALLY ERNAKULAM, PIN - 682024.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation of Exhibit P3 order and permit the
   petitioners to conduct the festival as requested in Exhibit P2 pending
   disposal of the above writ petition (civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.K.P.SUDHEER,STANDING COUNSEL for the petitioners and of SPECIAL
   GOVERNMENT PLEADER (FOREST), the court passed the following:
 WP(C) No.29054/2023                       2/5




                                   VIJU ABRAHAM , J.
                        ===========================
                               WP(C) No. 29054 of 2023
                       ============================
                       Dated this the 1st day of September, 2023

                                         ORDER

Petitioner has approached this Court aggrieved by issuance of

Ext P3 order whereby the 2nd respondent has rejected Ext P2

application submitted by the petitioner.

2. Petitioner has a specific contention that a decision on Ext

P2 application is to be taken by the 3 rd respondent. A perusal of Ext

P3 would reveal that rejection is on the basis of Ext P1 order passed

by the Apex Court in respect of parading of elephants during

festivals etc. Petitioner would submit that going by Ext P1, all the

temples of Devaswom should get themselves registered with the

District Committee, which is headed by the District Collector of the

respective district which has been done by the petitioner and has

been granted registration No.246 by the 1st respondent. On the

basis of the same petitioner would submit that rejection of the

application as per Ext P3 is absolutely without any basis and further

that a decision on the application has to be taken by the 1 st

respondent and not by the 3rd respondent.

3. Heard the learned Special Government Pleader for the

Forest Department.

WP(C) No.29054/2023 3/5

4. Ext P1 provides that all the temples of Devaswom should

get themselves registered with the District Committee so that there

would be an effective and proper control. Petitioner submits that the

temple has already registered with the 1 st respondent and has been

served with a registration bearing No.246. The petitioner relies on

Ext P4 judgment wherein it is held that the direction by the Apex

Court was only in respect of registration of temple and Devaswom

but not in regard of registration of a new festival. Therefore, prima

facie I am of the opinion that the rejection as per Ext P3 is not in

accordance with law. Further it is to be seen that a decision in this

regard has to be taken by the 1st respondent whereas the application

is rejected by the 3rd respondent. Thereupon the petitioner would

submit that fresh application would be submitted before the 1 st

respondent today itself and that a direction may be issued to the 1 st

respondent to consider the same in accordance with law.

Therefore there will be an interim order as follows; The

petitioner shall submit an application requesting for parading of

elephants during the festival before the 1st respondent today itself

and the same shall be considered and orders passed by the 1 st

respondent in accordance with law at the earliest, at any rate on or

before 4 p.m., 02.09.2023 and the decision shall be communicated to

the petitioner. It is made clear that the 1 st respondent will be free to

get the views of the 3rd respondent also in this regard. The 1st WP(C) No.29054/2023 4/5

respondent while taking a decision as directed above shall also take

into consideration Ext P4 judgment, a copy of which shall be

produced by the petitioner. Petitioner undertakes to be present

before the 1st respondent on 11 am, 02.09.2023 for hearing.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

01-09-2023                         /True Copy/                 Assistant Registrar
 WP(C) No.29054/2023                    5/5

                       APPENDIX OF WP(C) 29054/2023
EXHIBIT P 1           TRUE COPY OF ORDER DATED 18.8.2015, RENDERED IN WP(C)

NO. 743 OF 2014, IN THE MATTER OF WILDLIFE RESCUE AND REHABILITATION CENTRE AND OTHERS VS. UNION OF INDIA AND OTHERS PASSED BY THE HONOURABLE SUPREME COURT. EXHIBIT P 2 TRUE COPY OF REQUEST DATED 09/08/2023 PLACED BEFORE THE 2ND RESPONDENT BY THE 2ND PETITIONER.

EXHIBIT P 3 TRUE COPY OF ORDER NO. E4- 1017/23 DATED 18/08/2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P 4 TRUE COPY OF JUDGMENT DATED 24.2.2023 IN WP(C) NO.

42287/2022 PASSED BY THIS HONOURABLE COURT

01-09-2023 /True Copy/ Assistant Registrar