IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 DBA.No. 16 of 2009() -------------------- APPLICANT: ------------- R.RADHAKRISHNAN, AGED 35 YEARS, S/O.RAMAN PILLAI, CHITTEZHATH MADOM, NELLUVAYA P.O., ERUMAPETTY-682 584 AND EMPLOYED AS ACCOUNTANT-CUM-SALE TAX PRACTITIONER, WADAKKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): --------------- 1. COCHIN DEVASWOM BOARD, THRISSUR REPRESENTED BY ITS SECRETARY. 2. THE DEVASWOM OFFICER, NELLUVAYA SREE MULLACKAL BHAGAVATHY TEMPLE, NELLUVAYA, ERUMAPETTY. 3. THE DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR. 4. THE STATE GOVERNMENT, REPRESENTED BY THE PRINCIPAL SECRETARY, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. By GOVT. PLEADER SRI.R.LAKSHMINARAYAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A. NO. 16 OF 2009 = = = = = = = = = = = = = DAYED THIS, THE 22ND DAY OF JANUARY, 2009. J U D G M E N T Raman, J. We have heard both sides. The matter relates to 'Parayeduppu ritual" in connection with the annual festival of Sree Mulackal Bhagavathy Temple, Nelluvaya. Annexure A1 is a letter sent by the Chief Conservator of Forest to the Commissioner of Cochin Devaswom Board as per which certain restrictions are imposed in engaging elephants in festivals. However, according to the petitioner, there is no total ban in engaging elephants for such purposes and subject to restrictions contained in Annexure A1 they can still be engaged. It appears that Devaswom has not yet taken a decision int he matter. 2. We have heard the learned Standing Counsel appearing for the Cochin Devaswom Board also. Since the festival is commencing on 27.1.2009, the old age custom of "Parayeduppu ritual" may be considered to be conducted subject to the restriction as is imposed in Annexure A1. The D.B.A. is closed. P.R. RAMAN, JUDGE. C.T. RAVIKUMAR, JUDGE. KNC/-