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Kerala High Court
Elamakkara Sreemal Dathathreya ... vs The Commissioner Of Police on 23 January, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:5934
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 645 OF 2026
PETITIONER:
ELAMAKKARA SREEMAL DATHATHREYA DEVASTHANAM
REPRESENTED BY ITS PRESIDENT,
M.N MURALIDHARAN,
AGED 66 YEARS,
S/O. NANDIKESWAR, MAROTTICKAL HOUSE,
ELAMAKKARA P.O, KOCHI, PIN - 682026
BY ADVS.
SHRI.SHIBU JOSEPH
SHRI. SAYED MANSOOR BAFAKHY THANGAL
SMT.VRINDA BABU
SHRI.AMAN MANZOOR
SHRI.SARATH VISWANATHAN
SHRI.KEVIN JOSE SHIBU
SHRI.JOSEPH FRANCIS
RESPONDENTS:
1 THE COMMISSIONER OF POLICE
MARINE DRIVE WALKWAY, MARINE DRIVE,
ERNAKULAM, KERALA, KOCHI, PIN - 682011
2 ELAMAKKARA POLICE STATION
THANIKKAL KEERTHI NAGAR RD,
ELAMAKKARA, ERNAKULAM, KERALA, KOCHI ,
REPRESENTED BY STATION HOUSE OFFICER, PIN - 682026
3 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.01.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P(C) No.645 of 2026
-:2:-
BECHU KURIAN THOMAS, J.
----------------------------------------
W.P(C) No.645 of 2026
----------------------------------------
Dated this the 23rd day of January, 2026
JUDGMENT
The writ petition is filed to direct the respondents 1 and 2 to
issue orders permitting the petitioner to conduct 'Pakalpooram' on
02.02.2026.
2. The petitioner is an ancient temple situated at Elamakkara,
Ernakulam. The annual festival of the temple for this year is scheduled
to be held from 25.01.2026 to 02.02.2026. The 'pakalpooram' is to be
conducted on 02.02.2026. The petitioner has sought permission from
the Assistant Conservator of Forest for parading five elephants during
the procession. Petitioner represented to the first respondent as per
Exhibit-P14 seeking permission to conduct the 'Pakalpooram'.
Petitioner thus seeks a direction to respondents 1 and 2 to permit the
petitioner to conduct the procession on 02.02.2026.
3. The learned Government Pleader submitted that,
subsequent to the filing of the writ petition, the Deputy Commissioner
of Police has granted permission to the petitioner on 13.01.2026. He
also handed over the report of the Deputy Commissioner of Police
stating that the permission has been granted to the petitioner subject
to the nine conditions.
4. In view of the aforenoted circumstances, petitioner can be
2026:KER:5934
permitted to conduct the procession on 02.02.2026, as permitted by
the Deputy Commissioner of Police, in which the following conditions
have been incorporated.
i. "The procession organised by Sreemad Dathathreya
Devasthanam, Elamakkara, shall be conducted on
02.02.2026 in connection with the temple festival
scheduled from 25.01.2026 to 02.02.2026, without
causing disturbance to the general public or hindrance
to traffic.
ii. The directions issued by the Hon'ble High Court of
Kerala regarding the conduct of processions shall be
strictly complied with.
iii. Events such as "Pakalpooram" and other processions
shall be arranged in such a manner that they pass
through only a portion of the public road and shall not
obstruct the movement of the general public or
vehicles.
iv. It shall be ensured that essential services, including
ambulance and fire services, are not obstructed at any
point of time during the festival or procession.
v. In the event elephants are used in connection with the
festival, they shall possess valid insurance and fitness
certificates.
vi. The concerned Station House Officer shall verify that
the mahouts (handlers) engaged are not under the
influence of any intoxicating substances.
vii. Prior permission shall be obtained for the use of
microphones.
viii. The use of microphones after 10.00 p.m. is strictly
prohibited.
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ix. All programmes conducted using public roads shall be
carried out in strict compliance with the directions
issued by the Hon'ble High Court of kerala"
5. In light of the above, this writ petition is disposed of by
directing the first respondent to provide necessary assistance to the
petitioner to conduct the procession on 02.02.2026, subject to the
conditions mentioned above.
The writ petition is ordered accordingly.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/23.01.26.
2026:KER:5934
APPENDIX OF WP(C) NO. 645 OF 2026
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE ORDER IN
C.M.P NO.520 OF 1999 DATED 02-02-1999
ISSUED BY THE DIVISION BENCH OF THIS
HON'BLE COURT
Exhibit P2 TYPED COPY THE ORDER PASSED BY THIS
HON'BLE COURT IN C.M.P.NO.3747 OF 2000
IN O.P.NO.2307 OF 2007 DATED 21-01-2000
Exhibit P3 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 24.01.2000 PASSED BY THIS HON'BLE
COURT IN W.A NO.180 OF 2000 ALONG WITH
TYPED COPY OF THE SAME
Exhibit P4 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 13.02.2014 IN W.P.(C) NO.4217 OF
2014 BY THE HON'BLE HIGH COURT OF KERALA
Exhibit P5 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 29.01.2015 IN W.P.(C).NO.2856 OF
2015 BY THE HON'BLE HIGH COURT OF KERALA
Exhibit P6 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 23.02.2016 IN R.P.NO.167 OF 2016
BY THE HON'BLE HIGH COURT OF KERALA
Exhibit P7 TRUE PHOTOSTAT COPY OF THE JUDGMENT
08.02.2017 IN W.P.(C).NO.3935 OF 2017 BY
THE HON'BLE HIGH COURT OF KERALA
Exhibit P8 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 25.01.2018 PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.2639 OF 2018
Exhibit P9 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 16.01.2019 PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.1371 OF 2019
Exhibit P10 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 17.01.2020 PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.952 OF 2020
Exhibit P11 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 31.01.2023 PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.2167 OF 2023
Exhibit P12 TRUE PHOTOSTAT COPY OF THE JUDGMENT
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DATED 12.01.2024 PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.43432 OF 2023
Exhibit P13 TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 06.02.2025 PASSED BY THIS HON'BLE
COURT IN W.P.(C).NO.3827 OF 2025
Exhibit P14 TRUE PHOTOSTAT COPY OF THE
REPRESENTATION DATED 18.12.2025
SUBMITTED BY THE PETITIONER
Exhibit P15 TRUE PHOTOSTAT COPY OF THE DIRECTIONS
ISSUED BY THE DEPUTY FOREST CONSERVATOR,
SOCIAL FORESTRY DIVISION, ERNAKULAM
