IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 24573 of 2011(V) ------------------------------------ PETITIONER(S): ---------------------- 1. R. SUDHAKARAN PILLAI, AGED 56 YEARS, S/O.RAMAKRISHNA PILLAI, AND F/O.DECEASED NITHEESH, THEJUS, PERUMPUZHA P.O., KUNDARA, KOLLAM DISTRICT. 2. L.SUNDARI AMMA, AGED 47 YEARS, W/O.R.SUDHAKARAN OILLAI AND M/O.DECEASED NITHEESH, THEJUS, PERUMPUZHA P.O., KUNDARA, KOLLAM DISTRICT. 3. NEETHU AGED 20 YEARS, D/O.R.SUDHAKARAN PILLAI & L.SUNDARI AMMA AND SISTER OF DECEASED NITHEESH, THEJUS, PERUMPUZHA P.O., KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.RAJESH. K.RAJU RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETRIAT,THIRUVANANTHAPRUAM-695 001. 2. THE PLANT MANAGER, CARBORANDUM UNIVERSAL LTD, HYDRO ELECTRIC WORKS, MANIYAR, PATHANAMTHITTA. 3. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPRUAM. 4. THE PERINAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, RANNI, PATHANAMTHITTA. 5. THE DISTRICT COLLECTOR, GOVERNMENT COLLECTORATE, PATHANAMTHITTA DISTRICT. R3 BY ADV. SRI.G.BIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24573 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT.P1 : TRUE COPY OF THE FIR NO.240/2008 DATED 23/11/2010 OF THE PERINAD POLICE STATION, PATHANAMTHITTA. EXHIBIT.P2 : TRUE COPY OF SCENE MAHAZAR DATED 24/11/2008 PREPARED BY THE SUB INSPECTOR OF POLICE, PERINAD POLICE STATION, PATHANAMTHITTA. EXHIBIT.P3A: TRUE COPY OF THE 1ST PAGE OF THE NEWSPAPER, MALAYALA MANORAMA, DAILY DATED 24/11/2008. EXHIBIT.P3B: TRUE COPY OF THE 2ND PAGE OF THE NEWSPAPER, MALAYALA MANORAMA, DAILY DATED 24/11/2008. EXHIBIT.P3C: TRUE COPY OF THE 3RD PAGE OF THE NEWSPAPER, MALAYALA MANORAMA, DAILY DATED 24/11/2008. EXHIBIT.P4 : TRUE COPY OF THE POSTMORTEM CERTIFICATE DATED 23/11/2008 OF DECEASED NITHEESH. EXHIBIT.P5 : TRUE COPY OF THE DEATH CERTIFICATE DATED 15/12/2008 OF DECEASED NITHEESH ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS & SPECIAL GRADE SECRETARY, RANNI, PERINAD GRAMA PANCHAYATH. EXHIBIT.P6 : TRUE COPY OF THE TRAINED TEACHERS CERTIFICATE DATED 23/10/2008 OF THE DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA ISSUED TO DECEASED NITHEESH FROM K.N.N.M.T.T.I, PAVITHRESWSARAM P.O. EXHIBIT.P7 : TRUE COPY OF THE NOTICE DATED 23/3/2010 CLAIMING COMPENSATION SENT BY THE 1ST PETITIONER TO THE 5TH RESPONDENT. EXHIBIT.P8 : TRUE COPY OF THE NOTICE DATED 23/3/2010 CLAIMING COMPENSATION SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXHIBIT.P9 : TRUE COPY OF THE NOTICE DATED 23/3/2010 CLAIMING COMPENSATION SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. EXHIBIT.P10 : TRUE COPY OF THE NOTICE DATED 23/3/2010 CLAIMING COMPENSATION SENT BY THE 1ST PETITIONER TO THE 4TH RESPONDENT. STU ..2 ..2.. EXHIBIT.P11 : TRUE COPY OF THE TRAVANCORE DEVASWOM BOARD PROCEEDING DATED 18/2/2011 IN ROC 13365/2010/SAB OF THE DEVASWOM BOARD SECRETARIAT,THIRUVANANTHAPURAM DISTRICT. EXHIBIT.P12 : TRUE COPY OF THE TRAVNACORE DEVASWOM BOARD PROCEEDINGS DATED 28/1/2011 IN ROC 13365/10/SAB OF DEVASWOM BOARD SECRETRIAT, THIRUVANANTHAPURAM DISTRICT. EXHIBIT.P13: TRUE COPY OF THE JUDGMENT DATED 09/2/2011 IN DBA 18/2011 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS : NIL //TRUE COPY/ P.A TO JUDGE STU THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ------------------------------------------------------------ W.P.(C) No. 24573 of 2011- V ------------------------------------------------------------ Dated this the 29th day of September, 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. The petitioners claim to be the heirs and legal representatives of one Nitheesh, who allegedly died drowning in Poovathummoodu Kadavu in Kakkad river on his way back from Sabarimala after pilgrimage for Ayyappa darsan. This incident is sought to be connected to be part of the pilgrimage. The petitioners, therefore, seek a direction to the Government to grant compensation. The question of proximity of Kakkad river with Sannidanam and Pampa apart, we are sure that no liability to pay compensation can be fastened either on the State or on the Devaswom Board without deciding disputed questions of fact even if the petitioners may ultimately be able to sustain the claim. We, therefore, dissuade ourself from exercising writ jurisdiction and leave petitioners to work out other remedies, if any, in accordance with law before 2 W.P.(C) No.24573/2011 appropriate jurisdiction. An incidental request for a direction to appoint Life Guards etc. also does not require to be considered in this writ petition. This matter is hence dismissed subject to the above. THOTTATHIL B. RADHAKRISHNAN, JUDGE C.T.RAVIKUMAR, JUDGE rka