SREE POORNATHREEYASA KSHETHRA UPADHESAKA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks a revision of Ext.P5 order passed by the District Collector which permitted a procession carrying the idol to be taken out with two elephants. The writ petition has been filed on the ground that there is a practice of the idol being taken out on the special day with the accompaniment of 15 elephants. This is based on a belief that a great and pious Saint perceived the deity on 15 elephants, on the specific day coming within the 'Vrichikolsavam', which is reincarnated as 'Triketta Purappad'.

(2.) We notice that the Committee which is holding the office as per Ext.P1 had first . approached the Chief Minister by Ext.P3 dated 05.11.2020 which was endorsed to the Principal Secretary, Devaswam on the same day. The Principal Secretary has passed Ext.P4 order specifically directing Covid-19 protocol to be followed scrupulously. Later, the petitioner moved the District Collector as per Ext.P2 dated 11.11.2020 for permitting 15 elephants to be paraded. The District Collector has passed Ext.P5 permitting the festival to be conducted in accordance with the Kerala Captive Elephant (Management and Maintenance) Rules, 2012 and the directions of the Hon'ble Supreme Court as also employing two elephants.

(3.) The learned Special Government Pleader (Forest) and the learned Standing Counsel for the Dewaswam Board specifically refer to the order of the Hon'ble Supreme Court dated 18.08.2015 where the District Committee constituted under Rule 10 was directed to ensure that the Festival Committees . adhere to every measure for protection of the elephants exposed during such festivals. Hence an application for parading 15 elephants has to be necessarily filed before the District Committee of which the District Collector is the Chairman, which remedy has not been availed in the present case. We also notice that the petitioner wasted valuable time by approaching the Chief Minister; by-passing the statutory Committee constituted. The attempt to involve the Chief Minister having failed, the Committee approached the District Collector at the last moment, that too not in his capacity as Chairman of the Committee.