IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 27164 of 2007(S) ------------------------------------- PETITIONER: ------------------- RAVI VARMA, AGED 78, S/O.RAMAN NAMPOOTHIRI, RESIDING AT 'ASWATHY', D.D.VILLAGE, THAMMANAM, KOCHI. BY ADV. SMT.ARCHANA NARAYANAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. EDUCATION AND CULTURE DEPARTMENT, REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27164 OF 2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 NEWS ITEMS FROM COMPUTER COLLECTED BY THE PETITIONER EXT.P2 COMPARATIVE PAINTINGS OF RAJA RAVI VARMA AND M.F.HUSSAIN EXT.P3 (A) COMPUTER PRINTOUTS SHOWING THE SEVERAL PROTEST DEMONSTRATIONS EXT.P3(B) TRUE COPY OF STATEMENT OF EMINENT POET SHRI.P.NARANA KURUP SHOWING HIS PROTEST EXT.P3(C) TRUE COPY OF REPRESENTATION SENT TO THE CULTURAL MINISTER TO WITHDRAW THE AWARD EXT.P3(D) TRUE ENGLISH TRANSLATION OF EXHIBIT P3(C) EXT.P3(E) TRUE COPY OF SIGNATURES COLLECTED FROM VARIOUS PARTS OF KERALA EXT.P4 CERTIFICATE SHOWING THE PRINTOUTS ARE TRUE AND GENUINE EXT.P5 TRUE COPY OF NEWS REPORT IN MALAYALA MANORAMA DT.23.9.2007 WITH ENGLISH TRANSLATION EXT.P6 TRUE COPY OF NEWS REPORT IN 'TIMES OF INDIA' EXT.P7 TRUE COPY OF NEWS REPORT IN MANGALAM DAILY DT.10.9.2007 WITH ENGLISH TRANSLATION EXT.P8 TRUE COPY OF NEWS REPORT IN BBC NEWS EXT.P9 TRUE COPY OF COVER PAGE AND CONTENTS OF THE BOOK 'SUBORDINATE ALLY' WRITTEN BY PRAKASH KARAT RESPONDENTS' EXHIBITS: EXT.R1(A) TRUE COPY OF G.O.(MS) NO.15/2003/CAD DATED 26.4.2003 ALONG WITH ENGLISH TRANSLATION EXT.R1(B) TRUE COPY OF G.O.(MS) NO.31/2007/CAD DATED 15.3.2003 ALONG WITH ENGLISH TRANSLATION L EXT.R1(C) TRUE COPY OF G.O.(MS) NO.271/2007/CAD DATED 15.5.2007 ALONG WITH ENGLISH TRANSALATION EXT.R1(D) TRUE COPY OF LETTER DATED 16.5.2007 ALAONG WITH ENGLISH TRANSLATION EXT.R1(E) TRUE COPY OF LETTER DATED 14.9.2007 ALONG WITH ENGLISH TRANSLATION / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.27164 of 2007 ------------------------------------------ Dated, this the 16th day of July, 2009 JUDGMENT Kurian Joseph, J. This writ petition filed in public interest contains the following prayers: “i) restrain the 1st and 2nd respondents from conferring Raja Ravi Varma award to M.F.Hussain; ii) to issue a writ of mandamus directing the 1st and 2nd respondents to withdraw Raja Ravi Varma Award which has been decided to confer to M.F.Hussain; iii) restrain the 1st and 2nd respondents from conducting award ceremony scheduled on 17.9.2007.” 2. We find that this Court has passed an interim order on 12th September, 2007. In the light of the said interim order and by passage of time, we do not think that this Court should go into the merits of the contentions taken by the W.P.(C) No.27164 of 2007 2 parties. However, we feel that the Government should consider the representations before taking further decision in the matter. 3. Therefore, this writ petition is disposed of directing the first respondent to consider Ext.P3 series of representations with notice to the petitioner and other signatories therein before any further action is taken in the matter. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns