ERATTAKULANGARA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioner is a temple conducting among other functions 'Thalappoli Maholsavam' during the month of April and elephant procession also takes place, seeking permission petitioner has submitted Ext.P2 before the 2nd respondent and Ext.P3 before the 1st respondent that is the District Collector, Ernakulam. According to the petitioner, the festival and the temple procession is to take place on 14.04.2019 and seeks appropriate directions.

(2.) I have heard learned counsel for the petitioner and the learned special Government Pleader appearing for the respondents and perused the pleadings and documents on record. Learned special Government Pleader pointed out that, even though Ext.P3 application is submitted before the 1st respondent, the relief sought for therein, is only permission for conducting the elephant procession and point out that in accordance with the directives issued by the Apex Court in one of the writ petitions, petitioner may have to secure registration from the Board in order to conduct the festival as well as the elephant procession. I find force in the said contention.

(3.) In that view of the matter, liberty is left open to the petitioner to submit suitable application along with Ext.P3 before the District Collector and if any such application is received, a decision shall be taken, bearing in mind the directives issued by the Apex Court and also ascertaining whether the festival was being conducted by the temple especially from the year 2015 onwards. Petitioner is also directed to produce necessary documents in order to establish the said fact at the earliest and at any rate, within a week, bearing in mind that the festival and the elephant procession is to take place on 14.04.2019. If any enabling orders are produced before the 2nd respondent, it shall be considered in accordance with law and do the necessary, bearing in mind the above specified date.