IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).NO. 1357 OF 2008(J) ------------------------- PETITIONERS: --------------- 1. KERALA YUKTHIVADI SANGHAM, REG.NO.582/79, MOIDEEN PALLY ROAD, KOZHIKODE REPRESENTED BY ITS PERSIDENT U.KALANATHAN, S/O.U.THEYYAN VAIDYAR, CHARVAKOM, VALLIKUNNU P.O., MALAPPURAM DISTRICT. 2. U.KALANATHAN, PRESIDENT, KERALA YUKTHIVADI SANGHAM, CHARVAKOM, VALLIKUNNU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE,PATHANAMTHITTA. 4. THE CIRCLE INSPECTOR OF POLICE,CHITTAR. 5. THE SUB INSPECTOR OF POLICE,CHITTAR. ADDL.R6: TRAVANCORE DEVASOM BOARD, DEVASOM OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. ADDL.R7: KERALA AYYAPPA SEVA SANGHAM, FORT P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. (R6 & R7 IMPLEADED AS PER ORDER DATED 11.1.08 ON I.A.NO.628/08) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R5 ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR ADDL.R6 SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR & SRI.K.R.RADHAKRISHNAN NAIR FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.1357 OF 2008 J ----------------------------------------------------- DATED THIS THE 3rd DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The first petitioner is Kerala Yukthivadi Sangam. The 2nd petitioner is its President. This Writ Petition is filed, seeking the following relief. “Issue a writ of mandamus or any other appropriate writ or direction to the respondents to grant permission to the petitioners and the select team constituted by the 1st petitioner to visit Ponnambalamedu on the 'Makarayajyothi' day ie., 14.1.2008 and to direct the respondents to grant adequate police protection to the team for the said visit.” 2. The petitioners submit that though their prayer was for protection to visit Ponnambalamedu during last 'Makaravilakku', their cause of action survives as they propose to visit the area during this 'Makaravilakku' festival. The Ponnambalamedu being in the reserve forest area, only the competent officer of the Forest Department can grant W.P.(C)No.1357/08 -2- permission to the petitioners to visit there. If they obtain a permit from the competent authority to visit the place and the police do not extend any help, then only the petitioners have the cause of action to approach this Court. For permission to visit the place, the petitioners have to first move the Forest Officials and if they decline permission, they have to work out their remedy against it . In view of the above position, this Writ Petition is closed, without prejudice to the contentions of the petitioners. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn