Kerala High Court
P. S. Sreekumar vs State Of Kerala on 10 December, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Tuesday, the 10th day of December 2024 / 19th Agrahayana, 1946
DBP NO. 126 OF 2024
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - THURAVUR MAHAKSHETHRAM- MATTER
PERTAINING TO THE TEMPLE ADVISORY COMMITTEE OF THURAVUR MAHAKSHETHRAM - SUO MOTU
PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED 07-12-2024 MADE BY ONE
P.S.SREEKUMAR- REG.
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PETITIONER:
P.S.SREEKUMAR
S/O SREEDHARAN PILLAI, SREEBHAVAN, PADINJATTUMKARA,
VADAKKUMMURIYIL, THURAVOOR, PIN - 688 532
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2. TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN- 695 003
3. ASSISTANT COMMISSIONER
TRAVANCORE DEVASWOM BOARD, VAIKOM, KOTTAYAM - 686 141
4. THE ADMINISTRATIVE OFFICER
THURAVUR MAHASHETHRAM, THURAVUR P.O., CHERTHALA - 688 532
5. TEMPLE ADVISORY COMMITTEE OF THURAVUR MAHAKSHETHRAM
THURAVUR P.O., CHERTHALA- 688 532, REPRESENTED BY ITS SECRETARY
*ADDL.R6 IMPLEADED
6. THE DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN-695 003
*IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER
DATED 10/12/2024 IN DBP.NO.126/2024
BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD
THE DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON
10/12/2024, UPON PERUSING THE PETITION, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING.
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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DBP No.126 of 2024
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Dated this the 10th day of December, 2024
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu based on a complaint dated 07.12.2024 made by a devotee by name P.S. Sreekumar of Thuravur Mahakshethram, which is a temple under the management of 2nd respondent Travancore Devaswom Board regarding a huge flex board placed in the Kizhakkenada of Thuravur Mahakshethram, complimenting the Travancore Devaswom Board and the LDF Government for granting permission to conduct Annadhanam for Sabarimala pilgrims in the said temple during Mandala-Makaravilakku festival season of 1200ME (2024-25). The photograph of the Chief Minister, the Minister for Devaswom, the President of the Travancore Devaswom Board and the MLA of the constituency are printed on the flex board. The photograph of the flex board, which forms part of the complaint dated 07.12.2024 is reproduced hereunder; 2 DBP No.126 of 2024
2. Thuravur Mahakshethram, is a temple identified by the Travancore Devaswom Board as Sabarimala Edathavalam. To ensure adequate facilities to Sabarimala pilgrims at Sabarimala Edathavalams and other identified temples under the management of Travancore Devaswom Board, Cochin Devaswom Board and Guruvayur Devaswom Managing Committee, and also identified temples, which are controlled institutions under the Malabar Devaswom Board, this Court issued various orders in SSCR No.20 of 2022 during Mandala-Makaravilakku festival season of 1198ME (2022-23), which was followed by the orders passed in SSCR No.36 of 2023, during Mandala-Makaravilakku festival season of 1199ME (2023-24).
3. For the current Mandala-Makaravilakku festival season of 1200ME (2024-25), the Special Commissioner, Sabarimala filed SSCR No.72 of 2024, in which this Court passed an order dated 05.11.2024, whereby the Travancore Devaswom Board was directed to ensure that proper facilities are provided to Sabarimala pilgrims in the temples under its management, which are identified as Sabarimala Edathavalams, and also the temples identified to provide facilities to Sabarimala pilgrims, during Mandala-Makaravilakku festival season of 1200ME (2024-25). Paragraph 18 of that order reads thus;
"18. Having considered the submissions made at the Bar, the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, we deem it appropriate to pass the following interim order, in order to ensure that pilgrim facilities like Viri, Toilet and 3 DBP No.126 of 2024 Annadhanam, etc., are provided to Sabarimala pilgrims in the aforesaid temples during Mandala-Makaravilakku festival season of 1200ME (2024-25);
(i) The 3rd respondent Travancore Devaswom Board and the 8th respondent Cochin Devaswom Board are directed to ensure that proper facilities are provided to Sabarimala pilgrims in the temples under its management, which are identified as Sabarimala Edathavalams and also in the temples identified by the concerned Devaswom Board to provide facilities to Sabarimala Pilgrims during Mandala- Makaravilakku festival season of 1200ME (2024-25).
(ii) The Temple Advisory Committees of those temples shall render necessary assistance to the concerned Sub Group Officer/Devaswom Officer in providing proper facilities to Sabarimala pilgrims in the respective temples.
(iii) The 10th respondent Guruvayur Devaswom Managing Committee is directed to ensure that proper facilities are provided to Sabarimala pilgrims in Guruvayur Sree Krishna Temple, during Mandala- Makaravilakku festival season of 1200ME (2024-25).
(iv) The concerned Assistant Devaswom Commissioner in the temples under the management of Travancore Devaswom Board and Cochin Devaswom Board and Deputy Administrator of Guruvayur Sree Krishna Temple are directed to conduct periodical inspections in those temples, in order to ensure that proper facilities are provided to Sabarimala pilgrims, during Mandala-Makaravilakku festival season of 1200ME (2024-25).
(v) Any deficiency or shortfall noticed in such inspections, in the facilities provided to Sabarimala pilgrims, during the Mandala-Makaravilakku festival season of 1200ME (2024-25), shall be brought to the notice of this Court by the concerned Assistant Devaswom Commissioner/Deputy Administrator, through the learned Standing Counsel of the concerned Devaswom, for necessary orders.
(vi) The 9th respondent Malabar Devaswom Board shall ensure that proper facilities are provided to Sabarimala pilgrims in the identified temples, which are controlled institutions under the Board, during the 4 DBP No.126 of 2024 Mandala-Makaravilakku festival season of 1200ME (2024-25).
(v) The Travancore Devaswom Board shall publish the details of Edathavalams/Temples in which facilities are provided for Sabarimala pilgrims, in the Virtual-Q Platform and through print and visual media, for the information of the pilgrims, especially those coming from the neighbouring States. Necessary steps in this regard shall be taken by the Board, within a week.
(vi) The additional 15th respondent Divisional Manager, Southern Railway shall immediately convene a joint meeting of the concerned officials of the District Administration, District Police, Motor Vehicles Department and also the representatives of the tax operators regarding pre-paid taxi counter at Chengannur Railway Station."
4. In view of the provisions contained in Section 15A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and also the law laid down by this Court in Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379] and Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KLT 324], Travancore Devaswom Board has a statutory duty to ensure that proper facilities are provided to Sabarimala pilgrims in the temples under its management, which are identified as Sabarimala Edathavalams and other temples. The Temple Advisory Committees of such temples also have a statutory duty to render necessary assistance to the concerned Sub Group Officer/Administrative Officer of the temple in providing proper facilities to Sabarimala pilgrims.
5. On 20.11.2024, when SSCR No.72 of 2024 came up for consideration, this Court recorded the submission made by the learned Standing Counsel for Travancore Devaswom Board that proper facilities 5 DBP No.126 of 2024 are being provided to Sabarimala pilgrims at Sabarimala Edathavalams and other identified temples, in terms of the directions contained in the orders of this Court dated 05.11.2024.
6. A flex board like the one seen in the photograph reproduced hereinbefore at page No.1 cannot be placed in a temple premises, which is a place of worship.
7. As held by this Court in Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290], politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples.
8. The Devaswom Commissioner, Travancore Devaswom Board, Nanthancode, Kowdiar Post, Thiruvananthapuram, Pin-695 003 is suo motu impleaded as the additional 6th respondent. Registry to carry out necessary corrections in the cause title.
9. The learned Senior Government Pleader enters appearance for the 1st respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also for the additional 6th respondent Devaswom Commissioner.
10. Issue notice to the 5th respondent Temple Advisory Committee of Thuravur Mahakshethram, through the 3rd respondent Assistant Commissioner. The learned Standing Counsel for Travancore Devaswom Board to furnish the official e-mail ID of the 3rd respondent Assistant Commissioner to registry, today itself. Registry to mail the notice issued to the 5th respondent Temple Advisory Committee in the 6 DBP No.126 of 2024 e-mail ID of the 3rd respondent Assistant Commissioner attaching therewith a complete set of the DBP. The 3rd respondent shall ensure that notice is served on the Secretary of the 5th respondent Temple Advisory Committee by tomorrow (11.12.2024).
11. Having considered the submissions made at the Bar, we deem it appropriate to direct the 4th respondent Administrative Officer of Thuravur Mahakshethram to take necessary steps to ensure that the flex board seen in the photograph reproduced in page No.1 of this order is removed from the temple premises. The 2nd respondent Travancore Devaswom Board and the additional 6th respondent Devaswom Commissioner shall take necessary steps to ensure that flex boards like the one seen in aforesaid photograph are not placed in the premises of any temple under the management of the Board, which are places of public worship.
List on 18.12.2024. Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE MIN 10-12-2024 /True Copy/ Assistant Registrar