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Kerala High Court
Mahalakshmi Temple Car Festival ... vs Palakkad District Committee (Festival ... on 26 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 7397 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 7397 OF 2026
PETITIONER/S:
1 MAHALAKSHMI TEMPLE CAR FESTIVAL COMMITTEE
KARIOT VILLAGE, PERINKULAM, ALATHUR,
PALAKKAD-REPRESENTED BY ITS PRESIDENT,
PIN - 678542
2 THEKKE GRAMA FESTIVAL COMMITTEE
SOUTH VILLAGE, PERINKULAM, ALATHUR,
PALAKKAD-REPRESENTED BY ITS TREASURER,
PIN - 678542
3 CAR FESTIVAL COMMITTEE, WEST VILLAGE
PERINKULAM, ALATHUR, PALAKKAD-REPRESENTED BY
ITS PRESIDENT, PIN - 678542
BY ADVS.
SRI.P.R.VENKATESH
SMT.ASHA P.KURIAKOSE
SMT.REJITHA RAJAN
SMT.AISHWARYA V.
RESPONDENT/S:
1 PALAKKAD DISTRICT COMMITTEE (FESTIVAL
MONITORING)
REPRESENTED BY ITS CHAIRMAN, DISTRICT
COLLECTOR, COLLECTORATE, CIVIL STATION,
PALAKKAD, PIN - 678001
2 ASSISTANT CONSERVATOR
SOCIAL FORESTRY DIVISION OFFICE,
ARANYABHAVAN COMPLEX, OLAVAKKODE, PALAKKAD,
PIN - 678002
W.P.(C) No. 7397 of 2026
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3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, PALAKKAD,
PIN - 678001
4 DISTRICT FOREST OFFICER
OFFICE OF THE DFO, OLAVAKKODE, PALAKKAD,
PIN - 678002
BY ADV.
SPL GP - SRI. T P SAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 7397 of 2026
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 7397 of 2026
------------------------------------------------
Dated this the 26th day of February, 2026
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"a)issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents to accord permission to the petitioners
to deploy services of elephants/tuskers for pushing
the chariots in the three Temples represented by the
petitioners herein for the Annual Car Festival on 3 rd
and 4th of March 2026;
b)issue such other or further orders as this
Hon'ble Court may deem just and fit in the
circumstances of the case; and
c)dispense with production of English translation
of vernacular documents."[SIC]
2. Petitioners herein are the Cart Festival
(രഥോത്സവം) Committee of the respective temples
situated in Perinkulam Village in Alathur, Palakkad
District, is the submission. There are four ancient
temples situated in this Village, is the further
submission. One of the annual festivals in the three
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temples and also another temple in the Village Sree
Perinkulam Siva temple is the annual cart festival. It
is the case of the petitioners that, this Court granted
permission to use three elephants for pushing the
chariots in the previous years. Last year also, there
was no objection in parading the elephants, but the
objection was only for pushing the chariots. Though
orders of this Court in the previous years were
produced this year, the 2nd respondent restricted
permission for parading the elephant and not granted
permission for pushing the chariots. It is submitted
that, in the order in W.P.(C) No. 6289/2023, in
paragraph No.2, it is observed by this Court that the
counsel submitted that the chariot is actually pulled
by about 100 worshipers, and elephants are used only
for pushing the chariots in order to negotiate curves
easily. It is also submitted that, this Court again in the
order in W.P.(C) No. 44136/24, taking note of the
interim orders passed by this Court in W.P.(C)
Nos.6289/23 and 6054/2024, passed a similar order.
Hence, this Writ Petition is filed for a direction to the
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respondents to accord permission to the petitioners
to deploy services of elephants/tuskers for pushing
the chariots in the three temples.
3. Heard the learned counsel appearing for
the petitioners and the learned Special Government
Pleader (Forest).
4. In the light of Exts.P4, P6 and P9 orders, I
think a similar order can be passed in this year also.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The respondents are directed to grant
permission as sought for by the
petitioners, subject to the condition
that the elephants will not be
subjected to any cruelty or excessive
fatigue. I make it clear that the
elephants can be used only to push
the chariots to negotiate curves, if
required, without the entire weight
being shifted to them in any manner
at any point in time. I also make it
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clear that the respondents, while
passing such orders, shall impose
necessary conditions to ensure that
the elephants are not subjected to
torture with any weapon, stick, etc.
2. The petitioners shall be permitted to
use only two elephants for the
purpose of the parade and for pushing
the chariots, subject to the above
conditions.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of Judgment 26.02.2026
Judgment dictated 26.02.2026
Draft Judgment placed 26.02.2026
Final Judgment uploaded 26.02.2026
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APPENDIX OF WP(C) NO. 7397 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONERS DATED
NIL
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE
NOTICE OF THE CAR FESTIVAL OF THE
TEMPLE
EXHIBIT P3 TRUE COPY OF RELEVANT COPY OF THE
MINUTES OF THE PROCEEDINGS OF THE
DISTRICT LEVEL MONITORING COMMITTEE
DATED 17.2.2026
EXHIBIT P4 TRUE COPY OF INTERIM ORDER ON
2.3.2023 IN W.P.(C) NO. 6289/2023
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED
15.3.2023 IN W.P.(C) NO. 6289/23
EXHIBIT P6 TRUE COPY OF INTERIM ORDER DATED
23.2.2024 IN W.P.(C) NO. 6054/2024
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED
27.3.2024 IN W.P.(C) NO. 6054/2024
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED
4.11.2024 IN W.P.(C)NO. 37725/24
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER
DATED 9.1.2025 IN W.P.(C) NO.
44136/24 THIS HON'BLE COURT
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED
6.3.2025 IN W.P.(C) NO. 8434/2025
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
3.12.2025 IN W.P.(C) NO. 44196/2025
