Rajesh Nair vs The Travancore Devaswom Board , ... on 24 June, 2024

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Kerala High Court

Rajesh Nair vs The Travancore Devaswom Board , ... on 24 June, 2024

The petitioner, who is a devotee of Major Vellayani Devi Temple, which is a temple under the management of the 1 st respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 6th respondent Commissioner, Travancore Devaswom Board to see that the directions contained in Ext.P4 order dated 10.02.2023 specifying the role of the 4th respondent, who is the Moothavaathi (Chief Priest) in conducting the festival is complied with, in letter and spirit. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent Sub Group Officer to strictly enforce the directions contained in Ext.P4 in letter and spirit; and a writ of mandamus commanding the 1st respondent Board and the 6th respondent Devaswom Commissioner to take necessary action against the 4th respondent Moothavaathi (Chief Priest) and the 5th respondent Elayavaathi (Junior Priest) for flouting the directions in Ext.P4.

2. On 14.03.2023, when this matter came up for admission, the petitioner was directed to file an application to implead the Temple Advisory Committee of Major Vellayani Devi 5 WP(C)No.8781 of 2023 Temple as an additional respondent. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

3. By the order dated 15.03.2023 in I.A.No.1 of 2023, the Temple Advisory Committee of Major Vellayani Devi Temple was impleaded as the additional 7th respondent. By the said order, this Court admitted the writ petition on file and the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1, 3 and 6. Urgent notice by special messenger was ordered to respondents 2, 4, 5 and also to the additional 7th respondent, returnable by 17.03.2023. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions.

4. By the order dated 01.06.2023, I.A.No.2 of 2023 filed by third parties seeking an order to get themselves impleaded as additional respondents stands allowed however, without prejudice to the right of the writ petitioners, if found necessary, to file a counter affidavit refuting any allegations contained in the affidavit filed in support of that interlocutory application.

5. The 5th respondent has filed a counter affidavit dated 18.03.2023, producing therewith Exts.R5(a) to R5(p) documents.

WP(C)No.8781 of 2023

6. The 1st respondent has also filed a counter affidavit dated 23.03.2023, producing therewith Exts.R1(a) to R1(c) documents. Paragraph 12 of the said counter affidavit reads thus;

"12. It is submitted that the presence of the Tantri is required in the temple on the festival day and on special occasions only. The mode of worship, poojas and the rituals in connection with the festival are formulated by Kelan Kulasekhara Vathi as per the 'Kaulachara' form of worship and the same is followed in the temple from time immemorial. The Tantri is not conversant with the above poojas and rituals. The Tantri is expected to conduct Ganapathy Homam, Remedial measures, etc. if any suggested, to be conducted in the temple, the day-to-day poojas and the rituals connected with the festival are done by the Mootha Vathi and Elaya Vathi subject to the control of the department."

7. The 4th respondent has filed a counter affidavit dated 26.03.2023, producing therewith Exts.R4(a) to R4(j) documents. The 2nd respondent has filed counter affidavit dated 26.03.2023, producing therewith Exts.R2-A to R2-K documents. The petitioner has filed a reply affidavit dated 30.05.2023 to the counter affidavit filed by respondents 1, 3 and 6.

8. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board and its official respondents and also the respective counsel for 7 WP(C)No.8781 of 2023 the party respondents.

9. The issue raised in this writ petition relates to the conduct of 'Kaaliyoottu' Maholsavam in Major Vellayani Devi Temple, which is conducted once in every three years.

10. In Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290] a Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party held that in view of the provisions of the Travancore- Cochin Hindu Religious Institutions Act, Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Devi Temple are performed promptly; and to establish and maintain proper facilities in Vellayani Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub- section (3) of Section 31A of the Act, is duty bound to render 8 WP(C)No.8781 of 2023 necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage.

11. In Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491], the Division Bench reiterated the law laid down in Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290], by holding that the writ petition cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Travancore Devaswom Board and its officials to include Kuzhithalachal and Kalluvila Wards in Vellayani in the list for Kalliyoor Dikkubali in Major Vellayani Devi Temple, in violation of the accepted boundary limit followed from time immemorial.

12. The arguments advanced by the learned counsel for the petitioner and also the learned counsel for some of the party respondents are with specific reference to clauses (4) and (5) of Ext.P4 order dated 10.02.2023 issued by the Devaswom Commissioner. The said clauses read thus;

"4. ടി ദേവസ്വത്തിലെ തൻവർഷലത്ത കാളിയൂട്ട് മദ ാത്സവം സ്ൂചന (1) ഉത്തരവിൻ പ്രകാരവ ം 2020-ലെ കാളിയൂട്ട് മദ ാത്സവദത്താടന ബന്ധിച്ചുള്ള ഇറക്കി രൂജ/നിറരറ െിസ്റ്റു പ്രകാരവ ം മാപ്തം നടദത്തണ്ടതാണ്. െിസ്റ്റ് പ്രകാരമെലാലത ര തിയ സ്ഥെങ്ങളിൽ ഇറക്കി രൂജ ആവശ്യലെട്ട് വര ന്ന അദരക്ഷകൾ ഒന്ന ം തലന്ന രരിഗണിദക്കണ്ടതിെല.

9 WP(C)No.8781 of 2023

5. തങ്കത്തിര മ ടി തെയിൽ എഴ ന്നള്ളിക്ക ന്നത് ഉൾലെലടയ ള്ള കാരയങ്ങൾ രരമ്പരാഗത ആചാര പ്രകാരം മൂത്തവാത്തിയിൽ നിക്ഷിപ്തമാണ്. മൂത്തവാത്തിയ്ക്ക്ക് ശ്ാരീരികമായ ബ ദ്ധിമ ട്ട് ദനരിട കയാലണങ്കിൽ വിവരം ദേവസ്വം ഉദേയാഗസ്ഥർക്ക് ദരഖാമൂെം എഴ തി നൽക കയ ം ദേവസ്വം തപ്രിയ മായി കൂടിയാദൊചിച്ച് ത ടർ നടരടി സ്വീകരിദക്കണ്ടത മാണ്."

13. In view of the law laid down in the decisions referred to supra, Nirapara/Iraki Pooja in connection with Kaaliyoottu Maholsavam in Major Vellayani Devi Temple has to be conducted as per the traditional rites and ceremonies according to the practice prevalent in that temple. The Travancore Devaswom Board and its officials have to ensure that Nirapara/Iraki Pooja in Major Vellayani Devi Temple is conducted not in violation of the accepted boundary limit followed from time immemorial. The Temple Advisory Committee of that temple, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules (Bye-laws) framed by the Travancore Devaswom Board under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, who are duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals, according to the usage, cannot insist that Nirapara/Iraki Pooja in connection with Kaaliyoottu Maholsavam has to be conducted by including areas in violation of the 10 WP(C)No.8781 of 2023 accepted boundary limit followed from time immemorial.

14. Going by the customary practice prevalent in Major Vellayani Devi Temple, during procession in connection with Kaaliyoottu Maholsavam, 'Thankathirumudi' has to be carried either by Moothavaathi (Major Priest) or Elayavaathi (Junior Priest). In case, either the Moothavaathi or Elayavaathi is having any health issues or any disabilities in carrying Thankathirumudi during Kaaliyoottu Maholsavam, it is for the 6th respondent Devaswom Commissioner to pass appropriate orders on the alternate arrangement to be made, without in any manner violating the customary practice being followed in the temple.

With the above directions, this writ petition is disposed of.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

HARISANKAR V. MENON, JUDGE AV 11 WP(C)No.8781 of 2023 APPENDIX OF WP(C) 8781/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 26/07/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P.(C) NO. 27544/2022.

Exhibit P3 TRUE COPY OF THE LETTER DATED 10/02/2023 SENT BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT. Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. ROC.1851/PR DATED 10/02/2023 OF THE 6TH RESPONDENT. Exhibit P5 A PHOTOGRAPH SHOWING THE 5TH RESPONDENT CARRYING THE THANKATHIRUMUDI.

Exhibit P6 A PHOTOGRAPH SHOWING THE CONDUCT OF POOJA BY A THIRD PARTY.

Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 20/02/2023 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT Exhibit P8 TRUE COPY OF BY LETTER DATED 08/02/2023 SUBMITTED BY THE FORMER CHIEF PRIEST.

RESPONDENT EXHIBITS EXHIBIT R5(A) TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C BOOK EXHIBIT R5(B) TRUE COPY OF THE CERTIFICATE DT.08-04-2010 ISSUED BY SRI. P. THANKAPPAN ASARI, THE EARLIER MOOTHAVATHI OF THE TEMPLE EXHIBIT R5(C) TRUE COPY OF THE CERTIFICATE DT.15-03-2017 ISSUED BY SRI.THANTHRARATNAM PUTHUMANA MAHESWARAN NAMBOOTHIRI, PUTHUMANA TANTHRA VIDYALAYAM, THURUTHI P.O, CHANGANASSERRY EXHIBIT R5(D) TRUE COPY OF THE CERTIFICATE DT.10-04-2017 ISSUED BY VENGANOOR MEKKUMKARA SRI 12 WP(C)No.8781 of 2023 NEELAKESHII MUDIPURA DEVASWOM EXHIBIT R5(E) TRUE COPY OF THE LETTER DT.20-05-2017 OF THE ASSISTANT DEVASWOM COMMISSIONER TO THE DEVASWOM COMMISSIONER EXHIBIT R5(F) TRUE COPY OF THE JUDGMENT DT.28-02-2019 IN W.P.(C) NO.5660/2019.

EXHIBIT R5(G) TRUE COPY OF THE ORDER DT.11-09-2018 IN DBP NO.68 OF 2018, OF THIS HON'BLE COURT.

EXHIBIT R5(H) TRUE COPY OF THE PROCEEDINGS NO.ROC NO.4068/99/MIS.1, DT.07-12-2019 OF THE 6TH RESPONDENT.

EXHIBIT R5(I) TRUE COPY OF THE LETTER DT.13-03-2001 OF THANTHRI SRI VANCHIYOOR ATHIYARAMADOM NARAYANARU RUDRARU.

EXHIBIT R5(I)(1) TRUE TYPE WRITTEN COPY OF THE EXT. R5(I) DOCUMENT.

EXHIBIT R5(J) TRUE COPY OF THE PROCEEDINGS DT.14-03-2001 OF THE 1ST RESPONDENT.

EXHIBIT R5(J)(1) TRUE TYPE WRITTEN COPY OF THE EXT. R5(J). EXHIBIT R5(K) TRUE COPY OF THE PROCEEDINGS R.O.C NO.4068/99/MIS.1, DT.24-02-2020 OF THE 1ST RESPONDENT.

EXHIBIT R5(L) TRUE COPY OF THE JUDGMENT DT.27-02-2020 IN W.P.(C) NO.35785/2019 OF THIS HON'BLE COURT. EXHIBIT R5(M) TRUE COPY OF THE COMMON ORDER DT.26-08-2020 IN R.P NO.494/2020 IN W.P.(C) NO.35785/2019 AND R.P NO.493/2020 IN W.P.(C) NO.772/2020 OF THIS HON'BLE COURT.

EXHIBIT R5(N) TRUE COPY OF THE ORDER OF APPOINTMENT R.O.C.147/08/EST-A/PR, DT.04-05-2021 ISSUED BY THE 1ST RESPONDENT.


EXHIBIT R5(O)
                       PHOTOGRAPH        OF   KALAMKAVAL     FUNCTION      IN
                                   13
WP(C)No.8781 of 2023

CONNECTION WITH KAALIYOOTTU MAHOLSAVAM, 2008. EXHIBIT R5(P) TRUE COPY OF THE COMPLAINT DT.19-02-2020 FILED BY THE TEMPLE ADVISORY COMMITTEE BEFORE THE CIRCLE INSPECTOR OF POLICE, NARUVAMOOD. EXHIBIT-R1(A) TRUE COPY OF THE REQUEST DATED 13.02.2023 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT-R1(B) TRUE COPY OF THE COMMUNICATION DATED 10.3.2023 FORWARDED BY THE ASSISTANT DEVASWOM COMMISSIONER TO THE 6TH RESPONDENT EXHIBIT-R1(C) TRUE COPY OF THE REQUEST DATED 23.2.2023 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT-R4(A) TRUE COPY OF THE FESTIVAL NOTICE WITH RESPECT TO THE KAALIYOOTTU FESTIVAL 2023 PUBLISHED BY THE ASST. DEVASWOM COMMISSIONER, NEYYATTINKARA GROUP EXHIBIT-R4(B) TRUE COPY OF THE REPRESENTATION DATED 13.2.2023 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE SUB GROUP OFFICER, MAJOR VELLAYANI DEVASWOM (T.D.B.) EXHIBIT-R4(C) TRUE COPY OF THE COMMUNICATION DATED 10.3.2023 ISSUED BY THE ASST. DEVASWOM COMMISSIONER, NEYYATTINKARA TO THE 6TH RESPONDENT EXHIBIT-R4(D) TRUE COPY OF THE REPRESENTATION DATED 23.2.2023 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT EXHIBIT-R4(E) TRUE COPY OF THE TEMPORARY IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO V. PRAVEEN EXHIBIT-R4(F) TRUE COPY OF THE IDENTITY CARD ISSUED TO V. PRAVEEN IN THE KAALIYOOTTU FESTIVAL 2017 EXHIBIT-R4(G) TRUE COPY OF THE PHOTOGRAPH OF V. PRAVEEN PERFORMING DIKKUBALI DURING KAALIYOOTTU FESTIVAL 2020 14 WP(C)No.8781 of 2023 EXHIBIT-R4(H) TRUE COPY OF THE CERTIFICATE DATED 8.10.2020 ISSUED BY ASST. DEVASWOM COMMISSIONER, NEYYATTINKARA EXHIBIT-R4(I) TRUE COPY OF THE APPLICATION SUBMITTED BY AHKHIL S.S. BEFORE THE PUBLIC INFORMATION OFFICER, TRAVANCORE DEVASWOM BOARD UNDER RIGHT TO INFORMATION ACT DATED 8.7.2020 AND REPLY ISSUED BY PUBLIC INFORMATION OFFICER, TRAVANCORE DEVASWOM BOARD TO AKHIL.S.S. DATED 23.9.2020 EXHIBIT-R4(J) TRUE COPY OF THE INFORMATION DATED 26.10.2017 RECEIVED BY PRAVEEN.V. FROM THE OFFICE OF ASST. DEVASWOM COMMISSIONER, NEYYATTINKARA ALONG WITH RELEVANT PAGES OF CASUAL LEAVE REGISTER EXHIBIT R2-A TRUE COPY OF THE FIXTURE THE CHIEF PRIEST ALONE HAS THE AS RIGHT TO CARRY THE THANKATHIRUMUDI EXHIBIT R2-B TRUE COPY OF THE FESTIVAL FIXTURE FOR THE YEAR 2023 EXHIBIT R2-C TRUE COPY PHOTOGRAPH OF THE CHIEF PRIEST IS NOT SUPPOSED TO CARRY THE THANKATHIRUMUDI IN HIS HEAD. INSTEAD HE CARRIES A TEMPORARY CROWN (BRAHMAN MUDI) MADE OF TENDER COCONUT LEAVES AND THE BASE OF ARCANUT LEAVES (KAMUKIN PAALAH).

EXHIBIT R2-D TRUE COPY OF THE PHOTOGRAPH THE THANKATHIRUMUDI IS CARRIED ON THE SHOULDERS BY SAHAVAATHIS AND NOT BY THE CHIEF PRIEST. EXHIBIT R2-E TRUE COPY OF THE SCHEDULE OF DATES ON WHICH THE THANKATHIRUMUDI IS CARRIED BY THE CHIEF PRIEST EXHIBIT R2-F TRUE COPY OF THE JUDGEMENT DT. 07-10- 2013 IN WP(C) NO 21648/2011 EXHIBIT R2-G TRUE COPY OF THE COVER PAGE AND RELEVANT PAGE OF THE BOOK TITLED VELLAYANI DEVISHETHRAM EITHIHYANGALUM ACHARANGALUM 15 WP(C)No.8781 of 2023 EXHIBIT R2-H TRUE COPY OF THE AFFIDAVIT DATED 20-02-2020 EXHIBIT R2-I TRUE COPY OF THE COMPLAINT DATED 03-03-2020 EXHIBIT R2-J TRUE COPY OF THE LETTER DATED 18-11-2021 EXHIBIT R2-K TRUE COPY OF THE LETTER NO 183/2022 DATED 08- 04-2022

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