IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 25370 of 2010(U) -------------------------- PETITIONER: --------------- SREE NEELAKANDA VILASOM NSS KARAYOGAM NO.571, POOVATHOOR KIZHAKKU, REPRESENTED BY ITS SECRETARY B.CHANDRA SEKHAR, S/O. P.N.BALACHANDRAN NAIR, AGED 32 YEARS, SUDARSANAM, POOVATHOOR P.O., KOIPURAM, THIRUVALLA. BY ADV. SRI.SAJITH KUMAR V. SRI.SUBASH CHAND RESPONDENTS: --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, NANDANCODE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ARANMULA DEVASWOM, ARANMULA. 4. THE ADMINISTRATIVE OFFICER, TRAVANCORE DEVASWOM BOARD, ARANMULA DEVASWOM, ARANMULA. 5. PALLIYODA SEVA SANGAM ARANMULA REG.NO. 63, REPRESENTED BY ITS SECRETARY, PANCHAJANYAM, ARANMULA. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 7. THE DISTRICT COLLECTOR, PATHANAMTHITTA. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, FOR R1 TO R4 ADV. SRI.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE FOR R5 SRI.V.VENUGOPALAN NAIR FOR R5 G.P. SRI.LAKSHMI NARAYAN FOR R6&R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF RELEVANT PAGES OF COMMISSION REPORT IN W.P.(C) 17454/2004. P2: TRUE COPY OF JUDGMENT DT.20.5.2005 IN WP(C) 17454/2004 OF THE HON'BLE HIGH COURT. P3: TRUE COPY OF ORDER IN I.A.2931/2008 IN O.S. 564/2008 OF THE HON'BLE COURT OF MUNSIFF, THIRUVALLA. P4: TRUE COPY OF REPRESENTATION DT.11.11.2008 SUBMITTED BY THE PETITIONER BEFORE R1. P5: TRUE COPY OF REPRESENTATION DT.20.10.2008 SUBMITTED BY PETITIONER BEFORE R7. P6: TRUE COPY OF PLEADING OF ORIGINAL SUIT IN O.S.564/2008 BEFORE THE MUNSIFF'S COURT, THIRUVALLA. P7: TRUE COPY OF COMMUNICATION DT.30.8.2009 ISSUED BY R5. P8: TRUE COPY OF PAPER REPORT DT.24.7.2010 IN MANGALAM DAILY. P9: TRUE COPY OF JUDGMENT DT.21.6.2010 IN WP(C) 19130/2010 OF THE HON'BLE HIGH COURT. P10: TRUE COPY OF COMMUNICATION DT.19.7.2008 FROM R3 TO R2. P11: TRUE COPY OF R.O.C.1185/06/N.S DT.1.1.2008 ISSUED ON BEHALF OF R1. P12: TRUE COPY OF R.O.C.1185/06/N.S DT.7.2.2009 ISSUED ON BEHALF OF R1. P13: TRUE COPY OF RELEVANT PAGES OF THE TEXT BOOK WRITTEN BY LATE SRI.NELLIKKAL MURALEEDHARAN, PUBLISHED BY SANSKRIT UNIVERSITY. RESPONDENT'S EXHIBITS: R5(a): TRUE COPY OF MINUTES DT.23.7.2010 OF THE JOINT MEETING OF R5 SANGHAM AND OTHER GOVT. AGENCIES. R5(b): TRUE COPY OF RESOLUTION DT.9.11.2008 OF R5 SANGHAM. R5(c): TRUE COPY OF LETTER OF CONSENT DT.2.9.2008 SUBMITTED BY THE FUNCTIONARIES OF THE PETITIONER. R5(d): TRUE COPY OF RESOLUTION DT.30.8.2009 OF R5 SANGHAM. R5(e): TRUE COPY OF RESOLUTION DT.31.7.2010 OF R5 SANGHAM. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.25370 of 2010 .................................................................... Dated this the 19th day of August, 2010. JUDGMENT Ramachandran Nair, J. W.P.(C) is filed by the petitioner for direction to respondents 1 to 5 to permit the petitioner's Palliyodam (owned by NSS Karayogam Poovathur Kizhakku) to participate in the Uthrattathi Boat Race at Aranmula being held on 27.8.2010. The petitioner apprehends that their Palliyodam will not be allowed to participate in the festival this year also because for the last two years they were not allowed to participate in the festival. Admittedly during the Boat Race held three years back i.e. on 16.9.2008, there was collision of boats participating in the Race and the allegation is that the rowers engaged by the petitioner caused the problem. We do not think there is any need for us to decide whether the rowers of the petitioner were really involved in the collision and other problems that happened three years back because as of now there is an understanding among all concerned which is communicated to us by Adv. Sri.Subhashchand who was the W.P.(C) No.25370/2010 2 Commissioner appointed by us in respect of other matters in the very same temple that the petitioner's Palliyodam also could be permitted to participate in this year's festival provided those five persons named in Ext.R5(b) will be maximum allowed to participate only as rowers and none of them will be given control of the boat or will be permitted to hold any representative or official position. Senior counsel Sri.M.R.Rajendran Nair appearing for the 5th respondent submitted that none of the five persons should be allowed to function as Captain (Amarakkaran) or representative of the Karayogam. We, therefore, dispose of this W.P.(C) by permitting the petitioner to participate in the Boat Race on the specific condition that none of the five persons namely, (1) Sri.P.G.Purushothaman Nair, (2) Sri.Rajagopal Panangad, (3) Sri.N.C.Rajendran, (4) Sri.Murali Vaikkara and (5) Sri.Murali Pathikizhakkethil, will function as Captain or Amarakkaran or will be allowed to represent the Karayogam in the 5th respondent-Society. However, all these persons can also function as rowers in the Palliyodam, if they desire. The 7th respondent-District Collector will ensure that Boat Race takes place smoothly and if any one creates W.P.(C) No.25370/2010 3 problem, he will take prompt action to ensure smooth conduct of the festival. We make it clear that the arrangement made above is only temporary and our conditional order should not be taken as concluding anything about what happened in the past. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms