IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23776 of 2011(V) --------------------------------------- PETITIONER(S): ---------------------- SREE NEELAKANDA VILASAM N.S.S. KARAYOGAM NO.577, PUVATHOOR KIZHAKKU, REPRESENTED BY ITS SECRETARY B. CHANDRASHEKHAR, SUDARSSNAM, POOVATHOOR P.O., KOIPURAM, THIRUVALLA. BY ADV. SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX. RESPONDENT(S): ------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM-695 001. 2. THE ADMINISTRATIVE OFFICER, TRAVANCORE DEVASWOM BOARD, ARANMULA DEVASWOM, ARANMULA-689 633. 3. PALLIYODA SEVA SANGAM ARANMULA, REG.NO.63/97, REPRESENTED BY ITS SECRETARY, PANCHAJANYAM, ARANMULA-689 633. 4. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5. THE DISTRICT COLLECTOR, PATHANAMTHITTA-689 645. 6. SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645. WP(C).No. 23776 of 2011(V) * ADDL. R7 IMPLEADED ADDL. R7: KOTTATHUR-KAITHAKODY DEVI VILASOM PALLIYODA BHARANA SAMITHI, REPRESENTED BY ITS SECRETARY, K.K. RAJAN, KUNNATHUMADATHIL HOUSE, KAITHAKODY P.O., KOTTATHUR, AYIROOR. * ADDL. R7 IS IMPLEADED AS PER ORDER DATED 07/09/2011 IN I.A.14833/2011. R1 & R2 BY ADV. MR.G. BIJU, SC. R3 BY ADV. SRI.S. SUBHASH CHAND, SRI.S.RAJEEV. R4 TO R6 BY SR.GOVT. PLEADER MR.R. LAKSHMI NARAYAN. ADDL. R7 BY ADV. MR.MANU GOVIND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23776 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF THE COMMISSION REPORT THAT WAS SUBMITTED IN WP(C) NO. 17454/2004. EXT.P2: COPY OF THE BYELAWS OF THE 3RD RESPONDENT PALLIYODA SEVA SANGAM. EXT.P3: COPY OF THE JUDGMENT DATED 20/05/2005 IN WP(C) NO. 17454/2004. EXT.P4: COPY OF THE PLAINT IN O.S.564/2008 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA. EXT.P5: COPY OF THE ORDER DATED 23/08/2009 IN I.A. NO.2931 OF 2008 IN O.S. NO.564/2008 OF THE MUNSIFF'S COURT, THIRUVALLA. EXT.P6: COPY OF THE JUDGMENT DATED 21/06/2010 IN WP(C) NO. 19130/2010. EXT.P7: COPY OF THE JUDGMENT DATED 19/08/2010 IN WP(C) NO. 25370/2010. EXT.P8: COPY OF THE REPRESENTATION DATED 17/08/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DATED 20/08/2011 SUBMITTED BEFORE THE 5TH RESPONDENT. EXT.P10: COPY OF THE RELEVANT EXTRACT FROM THE TEXT PUBLISHED BY SANSKRIT UNIVERSITY ON THE CULTURAL HISTORY OF ARANMULA. RESPONDENT'S EXHIBITS: EXT.R3 A: COPY OF THE BYLAW OF PALLIYODA SEVA SANGHAM. EXT.R3 B: COPY OF THE SCHEDULE AND BATCH AND TRACK PREPARED FOR THE BOAT RACE TO BE HELD ON 14TH SEPTEMBER 2011. //TRUE COPY// P.A. TO JUDGE rs THOTTATHIL B.RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ. ----------------------------------- W.P(C).No.23776 OF 2011 ------------------------------------ Dated this the 7th day of September, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Heard learned counsel for the parties and Adv.Subhash Chand who was the Commissioner in W.P(C).17454/04, relating to the Aranmula Valla Sadya. It appears that last year, by Ext.P7 judgment, the palliyodam of the petitioner was also permitted to participate, however on condition that the five persons named in that order, though could join as rowers, were not to act as Captain or Amarakkaran. While there is considerable controversy between the petitioner and the Palliyodam samithies of the other Karayogams as to whether there was any misbehaviour by those persons or whether they actually acted as captain or Amarakkaran, we do not think we would look into that aspect WPC.23776/11 2 in a writ petition filed on 31.8.2011. On the previous day, Ext.R3B was issued by the Palliyoda Seva Sangham fixing the batches and tracks for the Aranmula Utthrittathi Jelamela. May be, that the petitioner had immediately reacted to its exclusion from Ext.R3B. At the same time, we do not think that it would be in the interest of the Jelamela to fork the schedule fixed as per Ext.R3B at this point of time. Nor would we be justified to put any added responsibility of maintaining discipline on either the Palliyoda Seva Sangham or the district administration. Looking at it from the angle of discretionary power, we are not inclined to grant any of the reliefs sought for. The writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- N.K.BALAKRISHNAN, Judge. kkb.12/9.