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 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 2494 of 2009(V) ------------------------- PETITIONER(S): --------------- AJIT P.VASU, S/O.P.K.VASU, AGED 44 YEARS, RESIDING AT CHITTILAPPALLY HOUSE, KARIKKAMURI CROSS ROAD, KOCHI-11. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): --------------- 1. THE SECRETARY, COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR - 1. 2. THE DEVASWOM OFFICER, ERNAKULAM SIVA KSHETHRAM, ERNAKULAM. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & C.T.RAVIKUMAR, JJ. ------------------------------- W.P.(C) No.2494 of 2009 ------------------------------- Dated this the 29th January, 2009 J U D G M E N T Raman, J. One of the devotees of Ernakulam Siva Temple has filed this writ petition. He is aggrieved by the decision of the Cochin Devaswom Board in stopping the traditional “Desappara” of the temple during the festival season of this year. Ext.P1 is a notice issued by the second respondent, Devaswom Officer, implementing the decision of the Cochin Devaswom Board. As per Ext.P1, the ban is imposed since restrictions regarding the engagement of Captive elephants for festivals are issued, and added to that, it is also pointed out that there is traffic block and in a crowded city like this, some practical difficulties are also there. Ext.P2 is a representation made by the petitioner to the Cochin Devaswom Board seeking re-consideration of the matter. The writ petition was filed since no action was taken on Ext.P2. W.P.(C) No.2494 of 2009 2 2. The respondents entered appearance through the standing counsel and filed a detailed counter affidavit. The Chief Conservator of Forests (Wildlife) has issued Ext.R2(a) letter containing the instructions which are to be followed while using elephants during the festival season. The Government has also issued Circular dated 1.3.2008 regarding the prevention of cruelty to Captive elephants, a copy of which is produced as Ext.R2(b). It is stated that based on the Government Circulars and instructions, the Minister for Devaswom convened a meeting of all concerned on 14.8.2008 and certain decisions have been taken. The instructions are contained in the circular based on such decisions. The Thanthris of the temple were also consulted by the respondents herein, who also agreed that there is no objection in stopping the “Desappara” during the festival season. Ext.R2(e) is the opinion of all the Thanthris together in the matter. The report submitted based on this is produced as Ext.R2(f). It was thereafter that the first respondent directed to discuss the matter with the Kshethra Kshema Samithi and they have also informed that considering the various difficulties W.P.(C) No.2494 of 2009 3 experienced in the past and taking into consideration the Circulars issued by the Government, it is advisable to stop “Desappara” from the 2009 festival. The decision taken by the Kshethra Kshema Samithi is also produced as Ext.R2(h) in this case. It is in these circumstances that a decision was taken to stop “Desappara” during the 2009 festival. Ext.P1 is a notice published on such decision. 3. The learned counsel appearing on behalf of the petitioner, Sri.V.V.Nandagopal Nambir, would however submit that the restrictions in the matter of using Captive elephants in no ways justifies a total ban and stoppage of the age old custom of “Desappara” attached to the temples during the festival season. According to him, limited area can be covered within a limited time, subject to the restrictions contained in the Circulars issued by the Government in this regard, and alternative arrangements without using the Captive elephants could also be thought of. The festival of Ernakulam Siva Temple starts on 30th of this month and hence there is hardly any time for conducting W.P.(C) No.2494 of 2009 4 “Desappara”. Hence, the same can be considered and thought of after discussion with all concerned and the petitioner can submit a request in this behalf to the Ombudsman, who shall after the present year's festival, may conveniently call for a meeting of all concerned, suggestions obtained and make a report, with regard to the suggestions made by this petitioner in this case. 4. For the present year, considering the opinion of the Thanthris in their letter dated 21.9.2008, produced as Ext.R2(e) in this case, that during the Valiyavilakku day and also on the last day of the festival, viz., Arattu day, the “Desappara” can be conducted, we feel that subject to the restrictions imposed in the Government circulars, the suggestions can be accepted. Therefore, instead of abruptly stopping the age old custom, there will be a direction to respondents 1 and 2 to conduct “Desappara” on the Valiyavilakku day and also on the Arattu Day, in compliance with the timings and subject to the restrictions imposed by the Government, in the matter of engagement of Captive elephants. It is however directed that on W.P.(C) No.2494 of 2009 5 all other days, sufficient arrangement will be made for the devotees to offer “Para” within the temple premises. P.R.RAMAN, JUDGE C.T.RAVIKUMAR, JUDGE. nj.