Kerala High Court
Paramekkavu Devaswom vs The District Collector on 24 February, 2023
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 42287 OF 2022
PETITIONER:
PARAMEKKAVU DEVASWOM
AGED 58 YEARS
HAVING ITS OFFICE AT GITANJALI BUILDINGS, ROUND EAST,
CHEMBUKKAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT,
PIN CODE-680 001, REPRESENTED BY ITS SECRETARY,
G.RAJESH, AGED 58, S/O.V.G.PODUVAL, RESIDING AT CHANDRA
VILLA, CHEMBUKKAVU VILLAGE, KEERAKULANGARA DESOM, EAST
FORT P.O., THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680005
BY ADVS.
P.VISWANATHAN (SR.)(K/000283/1986)
AJITH VISWANATHAN
SHIBU JOSEPH
SAYED MANSOOR BAFAKHY THANGAL
M.SRIRAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR
IN HER CAPACITY AS THE CHAIRPERSON OF THE DISTRICT
MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA
CAPTIVE ELEPHANTS (MANAGEMENT AND MAINTENANCE) RULES,
2012, COLLECTORATE, CIVIL STATION, CIVIL LINES ROAD,
KALYAN NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE)
FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,,
PIN - 695014
3 THE ASSISTANT CHIEF CONSERVATOR OF FOREST
THRISSUR SOCIAL FORESTRY, PALACE ROAD, CHEMBUKKAVU
P.O., THRISSUR,, PIN - 680020
4 THE DEPUTY CONSERVATOR OF FOREST
THRISSUR SOCIAL FORESTRY, PALACE ROAD, CHEMBUKKAVU
P.O., THRISSUR,, PIN - 680020
BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
SRI.T.P..SAJAN,SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.42287 of 2022
2
JUDGMENT
Dated this the 24th day of February, 2023 This writ petition filed by Paramekkavu Devaswom challenging Ext.P13 order passed by the District Collector, Thrissur, dated 22.11.2022. Whereby the request made by the Devasom for parading 3 to 7 elephants in the 'Ulsavam' was declined. It is thus challenging the legality and correctness of Ext.P13, the writ petition is filed.
2. A detailed statement is filed by for and on behalf of the Assistant Chief Conservator of Forest and along with the same Ext.R3 (a) circular dated 20.03.2013 and a clarificatory circular Ext.R3(b) dated 27.04.2022 are produced. The sum and substance of the contention advanced in the statement is that, by virtue of the circular issued by the Government, the District Collector is vested with ample powers to decide as to whether permission is to be granted for parading elephants in new festivals. It is further pointed out that as per the directions of the Hon'ble Supreme Court in W.P.(C) No.743/2014 dated 18.08.2015 modalities are prescribed with respect to registration of Devasom and temples and the manner in which permission is to be granted, taking into account the Rules in force, so far as W.P.(C) No.42287 of 2022 3 the domesticated elephants are concerned. Therefore, according to the 3rd respondent, the decision taken by the District Collector declining permission is in accordance with law.
3. I have heard learned counsel for the petitioner, Sri. Ajith Viswanathan, and learned Special Government Pleader for Forest Department, Sri. T.P Sajan, and perused the pleadings and material on record.
4. The sole question to be considered is whether any interference is required to Ext.P13 order passed by the District Collector. On a perusal of Ext.P13, what I could gather is that, the District Collector has relied upon the order of the Hon'ble Supreme Court specified above in order to arrive at the conclusion that no permission for parading elephants is to be granted, if the festival is a new one after the year 2012. Admittedly, the petitioner is a Devaswom which is registered with the respondent authority, however, the festival in question is a new one introduced after 2012; it is in the above said back ground Ext.P13 was considered. But, from the facts and figures in Ext.P13, it is clear that the District Collector relied solely upon the order of the Hon'ble Supreme Court to arrive at the said conclusion. Whereas, in the order of the Hon'ble Supreme Court W.P.(C) No.42287 of 2022 4 dated 18.08.2015, the direction was only to register the Temple and Devasom within six weeks from the date of the said order. Relevant portion of the said order reads thus;
"On a perusal of the aforesaid Rule, it is clear as crystal that it obliges the District Committee to take necessary measures to ensure that the festival committee constituted for smooth conduct of the festivals or the persons organizing such functions in which elephants are exposed are required to adhere to many a measure. The District Committee is bound by the Rules and see to it that the festival committees follow the same.
At this juncture, a question arose whether the temples or the Devaswom shall get themselves registered with the district committee so that there would be effective and proper control. We think that they should be registered with the committee and accordingly is directed that the registration shall be done within a period of six weeks from today. The temple and Devaswom shall, apart from other formalities, also mention how many elephants it is going to use in any festival. It will be the obligation of the State to see that the registration is carried out. It shall be the duty of the State, the District Committee, Management of the Devaswom, the Managment o f the Temple and the owners of the elephants to see that no elephant is meted with any kind of cruelty and, if it is found, apart from being lodging of criminal prosecution, they shall face severe consequences which may include confiscation of the elephants to the State."
5. On a perusal of the observations and directions of the Hon'ble Supreme Court it is clear that, the direction was only with respect to the registration of the Temple and the W.P.(C) No.42287 of 2022 5 Devaswom but not in regard to registration of a new festival after the year 2012. However, learned Government Pleader has invited my attention to Ext.R3 (a) circular of the State Government dated 20.03.2013 and submitted that, by virtue of the said notification the District Collector is vested with powers to decide as to whether a permission is to be granted to a new festival introduced after the year 2012.
6. Learned counsel for the petitioner at that point of time invited my attention to Ext.R3(b) clarificatory circular issued by the State Government dated 27.4.2022, whereby sufficient liberty is granted to the authority to take a decision in the facts and circumstances of each case.
7. On evaluating the situation, I am of the considered opinion that the application submitted by the petitioner requires reconsideration, for the basic reason that in the impugned order the District Collector was of the opinion that, the Hon'ble Supreme Court has directed not to grant permission for conducting a new festival after the year 2012; but the extracted portion of the order makes it clear that the Hon'ble Supreme Court has only directed to register the Temple/Devaswom within W.P.(C) No.42287 of 2022 6 six weeks from the date of the said order. It may be true that by virtue of the Circular Ext.R3(a) and clarificatory circular Ext.R3(b) the authority may be vested with powers to decide as to whether a permission is to be granted or not in so far as a new festival is concerned. But the said circulars issued by the Government was not at all considered by the District Collector while passing Ext.P13 order. Therefore in my considered opinion Ext.P13 order passed by the District Collector suffers from the vice of arbitrariness and illegality susceptible to be interfered in a proceeding under Article 226 of the Costitution of India.
Accordingly, I quash Ext.P13 and there will be a direction to the District Collector to reconsider the matter and take a decision on or before 26.02.2023 also taking into account the fact that the festival is to be conducted on 28.02.2023, after securing participation of any responsible officer of the petitioner Devaswom. The liberty of the petitioner to produce any additional documents is left open.
Sd/-
SHAJI P. CHALY JUDGE AP W.P.(C) No.42287 of 2022 7 APPENDIX OF WP(C) 42287/2022 PETITIONER EXHIBITS Exhibit p 1 TRUE PHOTOGRAPHS OF THE FESTIVAL CONDUCTED IN THE YEAR 2022 Exhibit P 2 TRUE PHOTOSTAT COPY OF THE ORDER DATED 18- 08-2015, RENDERED IN W.P.(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 HON'BLE SUPREME COURT OF INDIA, Exhibit P 3 TRUE PHOTOSTAT COPY OF THE DECLARATION MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DATED 08-09-2015, Exhibit P 4 TRUE PHOTOSTAT COPY OF THE DETAILS OF THE ELEPHANTS AND THE FESTIVALS SCHEDULED TO BE CONDUCTED FURNISHED BEFORE THE 3RD RESPONDENT ON 15-11-2019, Exhibit P 5 TRUE PHOTOSTAT COPY OF THE REQUEST PLACED BEFORE THE 1ST RESPONDENT BY THE PETITIONER DATED 20-12-2021 Exhibit P 6 TRUE PHOTOSTAT COPY OF THE REQUEST PLACED BEFORE THE 4TH RESPONDENT BY THE PETITIONER DATED 07-02-2022 Exhibit P 7 TRUE PHOTOSTAT COPY OF THE LETTER BEARING NO.SF1-2537/2021 DATED 11-02-2022 ISSUED BY THE 4TH RESPONDENT Exhibit P 8 TRUE PHOTOSTAT COPY OF THE MINUTES OF THE DISTRICT MONITORING COMMITTEE MEETING HELD ON 10-02-2022 Exhibit P 9 TRUE PHOTOSTAT COPY OF THE MINUTES OF THE DISTRICT MONITORING COMMITTEE MEETING HELD ON 13-02-2022 Exhibit P 10 TRUE PHOTOSTAT COPY OF THE G.O.NO.19/2022/F&WLD DATED 20-04-2022 Exhibit P 11 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR REGISTRATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT MONITORING COMMITTEE TOGETHER WITH A COVERING LETTER DATED 25-04- 2022 Exhibit P 12 TRUE PHOTOSTAT COPY OF THE REQUEST LETTER DATED 20-06-2022 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P 13 TRUE PHOTOSTAT COPY OF THE ORDER DATED 22- 11-2022, ISSUED BY THE 1ST RESPONDENT W.P.(C) No.42287 of 2022 8 RESPONDENT ANNEXURES Annexure R3(a) True copy of the circular No. 2853/D2/2013/Forest dated 20.3.2013 Annexure R3(b) True copy of the circular No. D2/312/2018/F WlD dated 27.4.2022 Annexure R3(c) True copy of the letter of District Collector Chairman of the District Monitoring committee dated 17.2.2022 Annexure R3(d) True copy of the OR No.1/2022 produced before the Honble JFCM-I Thrissur