Aishwarya Shankar (Minor) vs State Of Kerala

Shaji P. Chaly, J.

This writ petition is filed by a minor seeking direction to respondents 1 to 3 namely, State of Kerala, State Police Chief and the Travancore

Devaswom Board, to ensure that the petitioner is able to make Sabarimala Darshan along with her father on the day on which the petitioner's father

has secured booking for Darshan.

Case of the petitioner is that, her father is proceeding to Sabarimala on 23.08.2021, by virtue of an online booking. Learned Counsel has invited our

attention to Ext.P6 Government Order dated 04.08.2021, in regard to the Disaster Management Department - Covid-19 containment activities -

relaxation and restrictions from 05.08.2021. Learned Counsel has further invited our attention to paragraph Nos. 4 and 10 of the Annexure

accompanying the Government Order and they read thus:-

“iv. Only persons who have taken at least one dose of COVID-19 vaccine before two weeks, or who are in possession of RT-PCR negative certificate taken 72

hours before or who is in possession of COVID-19 positive results more than a month old will be allowed inside (workers/visitors) in shops, markets, banks,

public and private offices, financial institutions, factories, industrial establishments, open tourist spaces and other establishments.

x. Children who have not been vaccinated can accompany adults in point (iv).â€​

So also, our attention was invited to Ext.P4 judgment rendered by a Division Bench of this Court in W.P.(C).No.9769 of 2021 dated 16.04.2021,

whereby, under similar circumstances, a girl child was permitted to accompany her father for Sabarimala Darshan.

We have heard learned Counsel for the petitioner Sri. Nirmal V. Nair, learned Senior Government Pleader Sri. K.P.Harish Kumar and learned

Standing Counsel for the Devaswom Board Sri. G.Biju, and perused the pleadings and materials on record. Learned Government Pleader and the

learned Standing Counsel for the Devaswom Board stoutly opposed the reliefs sought for in the writ petition.

However, on an analysis of the judgment rendered by this Court and the Government Order referred to above, and the paragraphs extracted, we

are of the considered opinion that an interim order can be passed permitting the petitioner to accompany her father for Sabarimala Darshan on

23.08.2021. Therefore, we permit the petitioner to accompany her father Sri. Shankar M., residing at House No.72, Mythri Nagar, Pattathanam P.O.,

Kollam - 691021, on 23.08.2021, and the respondents are directed to make necessary arrangements for compliance of the order.

Post immediately after vacation.