K.P.Sooraj vs The Assistant Commissioner on 24 March, 2023

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Kerala High Court

K.P.Sooraj vs The Assistant Commissioner on 24 March, 2023

The petitioner claims to be a qualified Astrologer, and has been practising astrology for more than 15 years. Sree Mannampurath Kavu Bhagavathy Temple is a controlled institution under the Malabar Devaswom Board. Services of a Jenmakanishan (hereditary Astrologer) is being availed during the festivals, 'pooram' and 'kalasam' in the said Temple. Sri.K. Raghunath was the Astrologer in the Temple. In 2021 he fell ill and therefore the petitioner, who is the son of his brother, was entrusted with the duties of Jenmakanishan during the festivals in the Temple in the year 2022.

2. The petitioner has come to know that the 4th respondent has been engaged to render services as Jenmakanishan during the festivals this year. The 4 th respondent is not a practising Astrologer. He is a headload worker, affiliated to a Head Workers Union. Sri.K.Raghunath expired. The petitioner being a practising Astrologer and the lineal descendant of Sri.K.Raghunath is entitled to be engaged 4 W.P.(C) No.10357 of 2023 as Jenmakanishan in Sree Mannampurath Kavu Bhagavathy Temple. On the basis of the said contentions, the petitioner has filed this Writ Petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs,-

i) Declare that the petitioner who is a qualified astrologer is entitled to be engaged as Pookanishan for conducting the festivals at the Sri Mannanpurath Kavu Bhagavathi Temple, Nileshwaram, Kasargod District as his ancestors were engaged as Janmakanishans by the temple for conducting the festivals for the past several years;

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents 1 to 3 to engage the Petitioner as Pookanishan for conducting rituals in connection with the temple festivals of Sri Mannanpurath Kavu Bhagavathi Temple."

3. On 23.03.2023, notice on admission was directed to be served through Special Messenger on respondents No.2 to 4. The learned Standing Counsel for the Malabar Devaswom Board took notice for respondent Nos.1 and 5.

4. Today (24.04.2023), respondents No.2 and 3 entered appearance through the learned counsel. Despite receipt of notice, the 4th respondent did not choose to appear before this Court. 5 W.P.(C) No.10357 of 2023

5. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for Malabar Devaswom Board and the learned counsel appearing for respondents No.2 and 3.

6. The petitioner on the basis of Ext.P1, which is a certificate issued by Kerala Ganaka Kanisha Sabha, Thiruvananthapuram for the period from 09.08.2014 to 08.08.2016, claiming that he is a traditional Astrologer and has been practising Astrology. He also claims that his services were utilised in Sree Mannampurath Kavu Bhagavathy Temple during the festival in the year 2022 and in order to prove the same he has produced Ext.P2, which is a copy of voucher for payment of Rs.8,000/- to the petitioner as remuneration for attending the rituals in the aforesaid Temple. His further claim is that he is the son of brother of Sri.K.Ragunath, who was the hereditary Astrology in the said Temple and since he expired, it is the right of the petitioner to be engaged for attending the duties of Jenmakanishan in the said Temple. It is alleged that respondents No.2 and 3 without honouring the 6 W.P.(C) No.10357 of 2023 said right of the petitioner, engaged the 4th respondent to function as Jenmakanishan in the Temple during the festival in the year 2023. The petitioner therefore seeks the relief of engaging him by avoiding the 4th respondent as Jenmakanishan.

7. The learned Standing Counsel for the Malabar Devaswom Board, on instructions, would submit that the post of Jenmakanishan (Hereditary Astrologer) is not included in the Schedule of Establishment of Sree Mannampurath Kavu Bhagavathy Temple. But it is a fact that an Astrologer is being engaged for rendering services during the festivals in the Temple. It is further submitted that Sri.K.Raghunath, who was attending the duties of the Jenmakanishan in the Temple could not discharge his duties last year, and therefore the petitioner was engaged to perform as Jenmakanishan. It is submitted that it was only a temporary arrangement and therefore the petitioner has no right to be engaged during the festivals this year or permanently. The further submission of the learned Standing Counsel is that two persons submitted 7 W.P.(C) No.10357 of 2023 applications for being engaged as Jenmakanishan in the Temple, but both the applications were not supported by necessary materials to substantiate their claim. In such circumstances, the 3rd respondent-Board has engaged the 4th respondent, one among the applicants, on temporary basis to attend the duties of Jenmakanishan during the festival this year.

8. The learned counsel appearing for respondents 2 and 3 would submit that those respondents have no objection in engaging either the petitioner or the 4th respondent.

9. The submissions of the learned counsel appearing for the petitioner that having functioned as Jenmakanishan in the Temple last year, he has every right to be engaged this year also, cannot be accepted for the reason that such a post is not included in the Schedule of Establishment of the Temple or the post is shown as a hereditary one and the petitioner is the person entitled to get the engagement as the person eligible in the hierarchical line.

W.P.(C) No.10357 of 2023

10. In the light of the submission of the Standing Counsel of the Malabar Devaswom, there need not be doubt about the fact that there is no such permanent or temporary post of Jenmakanishan in Sree Mannampurath Kavu Bhagavathy Temple, and therefore, the petitioner cannot claim any right to be appointed or engaged in such a post either permanently or temporarily. However, if as a matter of that, he is a traditional Astrologer and has been practising Astrology he may stake a preferential claim. The 4 th respondent did not choose to appear and claim that he is a practising Astrologer. When a person is engaged to discharge duties as Jenmakanishan in Sree Mannampurath Kavu Bhagavathy Temple, or for that matter, in any temple, it is the necessary requirement that the person engaged has sufficient experience and expertise to discharge the functions of Jenmakanishan. It is for the 3rd respondent to consider that aspect and take an appropriate decision, of course, with the concurrence of the Malabar Devaswom Board. 9 W.P.(C) No.10357 of 2023

11. In such circumstances, we are of the view that the petitioner is not entitled to get a writ of mandamus or direction as he claimed. However, we observe that the 3 rd respondent shall take appropriate decisions in the matter of engaging Jenmakanishan in Sree Mannampurath Kavu Bhagavathy Temple after objectively considering the comparative qualification of the petitioner and the 4 th respondent.

With the above observation, this Writ Petition is disposed of.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE dkr 10 W.P.(C) No.10357 of 2023 APPENDIX OF WP(C) 10357/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE STATE COMMITTEE OF THE KERALA GANAKA KANISHA SABHA, THIRUVANANTHAPURAM DURING THE YEAR 9.8.2014 TO 8.8.2016 EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 10.6.2022 EVIDENCING RECEIPT OF HONORARIUM BY THE PETITIONER FROM THE TEMPLE EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 18-3-2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 18-3-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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Kerala High Court