Kerala High Court
The Thiru Moozhikkulam Sreelakshmana ... vs The Assistant Devaswom Commissioner on 10 April, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
W.P.(C)No.15745 of 2025
2025:KER:31561
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
W.P.(C)NO.15745 OF 2025
PETITIONER:
THE THIRU MOOZHIKKULAM SREELAKSHMANA PERUMAL TEMPLE
ADVISORY COMMITTEE, REPRESENTED BY ITS SECRETARY,
SANTHOSH KUMAR NG, AGED 52 YEARS
S/O. LATE VK GOPALAKRISHNAN NAIR, NJAKKAT HOUSE,
MOOZHIKULAM, KURUMASSERI POST, PIN - 683573
BY ADVS.A.MUHAMMED MUSTHAFA
M.P.SREEKRISHNAN
THEJALAKSHMI R.S.
RESPONDENTS:
1 THE ASSISTANT DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NORTH PARAVUR GROUP,
KANNANKULANGARA LINK RD, ERNAKULAM, NORTH PARAVUR,
ERNAKULAM., PIN - 683513
2 THE COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695001
3 THE SUB GROUP OFFICER,
THRIUMOOZHIKULAM GROUP, MOZHIKKULAM, KARUMASSERY, PIN
- 683579
4 DEPUTY FOREST CONSERVATOR
SOCIAL FORESTRY DIVISION, DEPARTMENT OF FOREST, SOCIAL
FORESTRY COMPLEX, MANIMALA ROAD, EDAPPALLY, ERNAKULAM,
PIN - 682024
5 RANGE OFFICER-EDAPPALLY RANGE
SOCIAL FORESTRY DIVISION, DEPARTMENT OF FOREST, SOCIAL
FORESTRY COMPLEX, MANIMALA ROAD, EDAPPALLY, ERNAKULAM,
PIN - 682024
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W.P.(C)No.15745 of 2025
2025:KER:31561
6 ELEPHANT WELFARE TRUST OF INDIA,
REPRESENTED BY ITS CHAIRMAN, ELEPHANT EMERGENCY
CRITICAL UNIT VADAKKENCHERY, NANU EZHUTHACHAN
BUILDING, WEST FORT, ASVARY NAGAR, SREENAGAR COLONY,
THRISSUR, KERALA, PIN - 680004
7 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,
NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003
8 V G RAMKUMAR
CHITHIRA MOOZHIKULAM KURUMASSERY. P. O, PIN - 683579
SRI. NAGARAJ NARAYANAN, SPL. GP (FOREST);
SRI. G. BIJU, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.15745 of 2025
2025:KER:31561
JUDGMENT C.R.
Anil K. Narendran, J.
The petitioner, namely, the Temple Advisory Committee of Thirumoozhikkulam Sree Lakshmana Perumal Temple, which is a temple under the management of the 7th respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P8 communication dated 01.04.2025 issued by the 1st respondent Assistant Devaswom Commissioner, North Paravur to the 3rd respondent Sub Group Officer, Thirumoozhikkulam Group; and a writ of mandamus commanding respondents 1 to 3 not to interdict the petitioner from parading seven elephants on the 9th day Valiyavilakku Festival of Thirumoozhikkulam Sree Lakshmana Perumal Temple, in view of Exts.P4 to P7. The document marked as Ext.P1 is a copy of the notice published in connection with the annual festival of Thirumoozhikkulam Sree Lakshmana Perumal Temple for the year 1200ME (2025), which is scheduled to be held from 13.04.2025 to 22.04.2025. The Valiyavilakku Festival on the 9th day is scheduled to be held on 21.04.2025.
2. According to the petitioner, from time immemorial, elephants ranging from five to nine in number are paraded on the 9th day as part of the cultural tradition during the festival in 4 W.P.(C)No.15745 of 2025 2025:KER:31561 Thirumoozhikkulam Sree Lakshmana Perumal Temple. For the last several years, the Travancore Devaswom Board provided one elephant for parading in connection with the festival up to the 7 th day and three elephants on 8th, 9th and 10th days. Subsequently, instead of providing elephants, the Board used to allot Rs.10,000/- per day for parading elephants during the festival and the elephants are being arranged by the Temple Advisory Committee. Now, the allocation of funds by the Board for parading elephants is increased to Rs.1,15,000/-.
2.1. In the writ petition, it is averred that during the annual festival conducted in Medam, 1199ME (2024) also seven elephants were paraded on the 9th day in Thirumoozhikkulam Sree Lakshmana Perumal Temple and there was no interdiction by the Board for parading seven elephants on the 9th day. On publication of Ext.P1 festival notice, the petitioner received Ext.P2 representation from the residents in the locality, with a copy to the 1st respondent Assistant Devaswom Commissioner, Nort Paravur Group and the 2nd respondent Devaswom Commissioner, to have a relook with regard to the parading of elephants during the festival, in view of certain incidents happened during temple festivals in other parts of the State. In 5 W.P.(C)No.15745 of 2025 2025:KER:31561 the meeting of the members of the Temple Advisory Committee convened on 02.03.2025, the concern pointed out in Ext.P2 representation was deliberated, and it was decided, as evidenced by P3 rely, to proceed with the festival of the year 1200ME (2025) as scheduled in Ext.P1 notice. In Ext.P3 reply, it is pointed out that the parading of elephants during the temple festival would be strictly in adherence to the provisions contained in the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.
2.2. The petitioner has obtained Ext.P4 consent letter dated 19.02.2025 issued from the office of the Assistant Forest Conservator, Social Forestry Division, Ernakulam. The petitioner has also arranged the service of veterinary doctors from the District Veterinary Centre, Ernakulam, as evidenced by Ext.P5 receipt dated 24.02.2025. The service of Elephant Squad with required medicines and equipment for tranquiliser shots has also been sought for, as evidenced by Ext.P6 request dated 20.03.2025 made before the 6th respondent Elephant Welfare Trust of India. The petitioner has also taken insurance coverage for an amount of Rs.1 Crore, as evidenced by Ext.P7 policy schedule for public liability (non-industrial risks) insurance issued 6 W.P.(C)No.15745 of 2025 2025:KER:31561 by the New India Assurance Company Ltd., North Paravur Branch.
2.3. According to the petitioner, there is more than sufficient space for parading seven elephants inside and outside Thirumoozhikkulam Sree Lakshmana Perumal Temple. To the dismay of the petitioner, the 1st respondent Assistant Devaswom Commissioner issued Ext.P8 communication dated 01.04.2025 to the 3rd respondent Sub Group Officer. Ext.P8 communication dated 01.04.2025 issued by the 1st respondent reads thus;
"തിരുമൂഴിക്കുളം സബ്ഗ്രൂപ്പിലെ തിരുമൂഴിക്കുളം ദേവസവത്തിലെ 1200 എം. ഇ തിരുവുത്സവം 13.04.2025 മുതൽ 22.04.2025 വലര നടദക്കണ്ടതാകുന്നു. ആയത് ഒരു ആന വീതം പതിവിൻപടി എഴുന്നളളിപ്പ് ഉളളതാകുന്നു. എന്നാൽ ദേദ്താപദേശക സമിതി വെിയവിളക്കിന് മുൻവർഷ്കമം 7 ആനലയ എഴുന്നള്ളിപ്പ് നടത്തുവാൻ തീരുമാനിച്ചിട്ടുളളതായി അറിയുന്നു. എന്നാൽ പരിസരവാസികൾ ടി ദേ്തത്തിൽ 7 ആനലയ വച്ച് എഴുന്നളളിപ്പ് നടത്തുവാൻ സ്ഥെപരിമിതി ഉള്ളതിനാൽ ആനലയ എഴുന്നളളിക്കുന്നതിലനക്കുറിച്ച് ആദൊചിക്കണലമന്ന് കാണിച്ച് ഈ ആഫീസിെും ദേവസവം കമ്മീഷണർ ആഫീസിെും അദപേ ഹാജരാക്കിയിട്ടുളളതാണ്. ടി വിഷയം സംബന്ധിച്ച് ദേവസവം കമ്മീഷണർ ആഫീസിൽ നിന്നും ഒരു അനുവാേ ഉത്തരവ് വന്നാൽ മാ്തദമ വെിയ വിളക്കിന് എ്ത ആനലയ എഴുന്നള്ളിക്കണലമന്ന് ഈ ആഫീസിന് ഉത്തരവ് നൽകാൻ സാധിക്കുകയുളളൂ. ആയതിനാൽ ഉത്തരവ് െഭിക്കാലത വെിയ വിളക്കിന് ആനലയ എഴുന്നള്ളിക്കാൻ അനുവേിക്കരുത് എന്ന് അറിയിക്കുന്നു." (underline supplied) 2.4. In view of Ext.P8 communication, the petitioner submitted Ext.P9 representation dated 05.04.2025 before the 1st 7 W.P.(C)No.15745 of 2025 2025:KER:31561 respondent Assistant Devaswom Commissioner pointing out the safety measures taken for the conduct of the festival and parading of elephants. Thereafter, the petitioner submitted Ext.P10 representation dated 07.04.2025 before the 2 nd respondent Commissioner, Travancore Devaswom Board, to withdraw Ext.P8 communication dated 01.04.2025 of the 1st respondent Assistant Devaswom Commissioner and to grant permission to parade seven elephants in the Valiyavilakku Festival on the 9th day, which is scheduled to be held on 21.04.2025.
3. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3 and 7 and also the learned Special Government Pleader for respondents 4 and 5.
4. Travancore-Cochin Hindu Religious Institutions Act, 1950, enacted by the State Legislature, provides for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Thirumoozhikkulam Sree Lakshmana Perumal Temple is under Thirumoozhikkulam Devaswom, which is an incorporated Devaswom in Schedule I of the said Act. 8 W.P.(C)No.15745 of 2025
2025:KER:31561
5. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with the duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly;
(ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 31 of the Act deals with the management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.
6. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per sub-section (1) of Section 31A of the Act, a Committee for each temple in the name 9 W.P.(C)No.15745 of 2025 2025:KER:31561 'Temple Advisory Committee' (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice prevailing, if any. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed Rules for the formation of Temple Advisory Committees in the temples under the management of the Board.
7. As held by a Division Bench of this Court in Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290], in which one among us [Anil K. Narendran, J.] was a party, in view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in the temples under its management are performed promptly; and to establish and maintain proper facilities in the 10 W.P.(C)No.15745 of 2025 2025:KER:31561 temples 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 Devaswoms and arrange for the conduct of the daily worship and ceremonies and of the festivals in the temples 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 necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. The law laid down in the said decision was reiterated in Rajalekshmi P. v. State of Kerala [2023 (3) KHC 491].
8. Thirumoozhikkulam Sree Lakshmana Perumal Temple under Thirumoozhikkulam Devaswom, is a temple under the management of the 7th respondent Travancore Devaswom Board. In view of the statutory provisions referred to hereinbefore and the law laid down in the decisions referred to supra, the Travancore Devaswom Board and its officials have a statutory duty to see that regular traditional rights and ceremonies 11 W.P.(C)No.15745 of 2025 2025:KER:31561 according to the practice prevalent in that temple are performed promptly and to establish and maintain proper facilities in that temple for the devotees. The Board shall manage the properties and affairs of Thirumoozhikkulam Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in the temple under that Devaswom according to the usage. The Temple Advisory Committee of Thirumoozhikkulam Sree Lakshmana Perumal Temple, 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 necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage.
9. Though it is averred in paragraph 3 of the writ petition that from time immemorial, elephants ranging from five to nine in number are paraded on the 9th day as part of the cultural tradition during the festival in Thirumoozhikkulam Sree Lakshmana Perumal Temple, no materials in proof of the said facts are placed on record in the writ petition.
10. As held by the Apex Court in Bharat Singh v. State of Haryana [(1988) 4 SCC 534] when a point which is 12 W.P.(C)No.15745 of 2025 2025:KER:31561 ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and prove such facts by evidence which must appear from the writ petition and if he is the respondent, from the counter affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter affidavit, as the case may be, the Court will not entertain the point. There is a distinction between a pleading under the Code of Civil Procedure Code, 1908 and a writ petition or a counter affidavit. While in a pleading, i.e., a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition or in the counter affidavit not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it.
11. The averment in the writ petition that from time immemorial, elephants ranging from five to nine in number are paraded on the 9th day as part of the cultural tradition during the festival in the temple in question is not supported by any materials placed on record. The statutory duty of the Travancore Devaswom Board under Section 15A of the Travancore-Cochin Hindu Religious Institutions Act is to see that the regular 13 W.P.(C)No.15745 of 2025 2025:KER:31561 traditional rites and ceremonies according to the practice prevalent in the temple in question are performed promptly. As per Section 31 of the said Act, the Board shall arrange for the conduct of daily worship, ceremonies and festivals in the temple in question according to its usage.
12. The expression 'usage' in the context of Section 31 of the Act signifies a 'customary practice' which is being continuously and uniformly observed in the temple for a long time. The averment in paragraph 3 of the writ petition that during the festival conducted in Medam, 1199ME (2024) also seven elephants were paraded on the Valiyavilakku Festival on the 9th day and there was no interdiction by the Board for parading seven elephants on that day, would indicate that the parading of seven elephants on the 9th day of the festival is not a 'customary practice' which is being continuously and uniformly observed in the temple for a long time.
13. One of the reliefs sought for in this writ petition is a writ of certiorari to quash Ext.P8 communication dated 01.04.2025 issued by the 1st respondent Assistant Devaswom Commissioner, North Paravur, addressed to the 3rd respondent Sub Group Officer, Thirumoozhikkulam Group. As pointed out by 14 W.P.(C)No.15745 of 2025 2025:KER:31561 the learned Standing Counsel for Travancore Devaswom Board, Ext.P8 is only an internal communication between the officers of the Board, regarding the conduct of annual festival of Thirumoozhikkulam Sree Lakshmana Perumal Temple for the year 1200ME (2025).
14. As reiterated by the Apex Court in South Indian Bank Ltd. v. Naveen Mathew Philip [(2023) 17 SCC 311], writ of certiorari is to be issued over a decision when the court finds that the process does not conform to the law or the statute. In other words, the courts are not expected to substitute themselves with the decision-making authority while finding fault with the process along with the reasons assigned.
15. In the instant case, by Ext.P8 communication dated 01.04.2025 issued by the 1st respondent Assistant Devaswom Commissioner, the 3rd respondent Sub Group Officer is informed that in the Thiruvulsavam (annual festival) of Thirumoozhikkulam Sree Lakshmana Perumal Temple for the year 1200ME (2025), which is scheduled to be held from 13.04.2025 to 22.04.2025, there will be procession parading one elephant as per the usage, i.e., the customary practice, which is being observed in the temple. However, it is learnt that the Temple Advisory Committee 15 W.P.(C)No.15745 of 2025 2025:KER:31561 has decided to parade seven elephants during Valiyavilakku Festival on the 9th day, as done during the previous year. The residents of the area have submitted a petition against the parading of seven elephants, stating that there is only limited space in the temple to hold procession with seven elephants. In Ext.P8 communication, the Assistant Devaswom Commissioner has made it clear that his office can issue an order in this regard only if an order granting permission is received from the office of the Devaswom Commissioner. Therefore, the Sub Group Officer is directed to not to allow parading of elephants for Valiyavilakku, without obtaining an order by the Devaswom Commissioner granting such permission. The above direction contained in Ext.P8 communication dated 01.04.2025 issued by the Assistant Devaswom Commissioner does not warrant an interference of this Court, since it cannot be said that while issuing such a direction, the Assistant Devaswom Commissioner has exceeded his jurisdiction or acted illegally.
16. The learned counsel for the petitioner would then submit that Ext.P10 representation dated 07.04.2025 made by the Temple Advisory Committee seeking permission to parade seven elephants on the 9th day of the annual festival, in 16 W.P.(C)No.15745 of 2025 2025:KER:31561 connection with Valiyavilakku, is now pending consideration before the 2nd respondent Commissioner. Therefore, the said respondent may be directed to consider and pass appropriate orders on Ext.P10 representation, within a time limit that may be fixed by this Court.
17. The learned Standing Counsel for Travancore Devaswom Board would submit that the 2nd respondent Commissioner shall consider and pass appropriate orders on Ext.P10 representation made by the Temple Advisory Committee, within a period of one week.
In such circumstances, this writ petition is disposed of, without interfering with Ext.P8 communication dated 01.04.2025 issued by the 1st respondent Assistant Devaswom Commissioner, by directing the 2nd respondent Devaswom Commissioner to consider and pass appropriate orders on Ext.P10 representation dated 07.04.2025 made by the petitioner Temple Advisory Committee regarding parading of elephants during Valiyavilakku on the 9th day of the annual festival of Thirumoozhikkulam Sree Lakshmana Perumal Temple for the year 1200ME (2025), after taking note of the observations contained hereinbefore at paragraph 12. A decision in this regard shall be taken, as 17 W.P.(C)No.15745 of 2025 2025:KER:31561 expeditiously as possible, at any rate, within a period of one week from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE AV 18 W.P.(C)No.15745 of 2025 2025:KER:31561 APPENDIX OF WP(C) 15745/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH THE TEMPLE FESTIVAL FOR THE YEAR 2025 Exhibit P2 A TRUE COPY REPRESENTATION DATED NIL RECEIVED BY THE PETITIONER Exhibit P3 A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 09.03.2025 Exhibit P4 A TRUE COPY OF THE CONSENT DATED 19.02.2025 ISSUED BY THE OFFICE OF THE ASSISTANT CONSERVATOR, SOCIAL FORESTRY DIVISION Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF MONEY FOR THE SERVICES FROM THE DISTRICT VETERINARY CENTRE ERNAKULAM Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 20.03.2025 ADDRESSED TO THE ELEPHANT WELFARE TRUST OF INDIA, ELEPHANT EMERGENCY CRITICAL UNIT VADAKKENCHERY Exhibit P7 A TRUE COPY OF THE POLICY DETAILS ISSUED BY THE NEW INDIA ASSURANCE COMPANY LTD Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 1.04.2025 ISSUED BY THE ASSISTANT DEVASWOM COMMISSIONER Exhibit P9 A TRUE COPY OF THE REPRESENTATION 5.04.2025 BY THE PETITIONER BEFORE THE ASSISTANT COMMISSIONER Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 07.04.2025 BY THE PETITIONER BEFORE COMMISSIONER, TDB