Kerala High Court
Alangad Yogam Trust Reg No.91/Iv/2020 vs The Travancore Devaswom Board on 7 January, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.245/2022 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 7th day of January 2022 / 17th Pousha, 1943
WP(C) NO. 245 OF 2022(E)
PETITIONER:
ALANGAD YOGAM TRUST REG NO.91/IV/2020 ALANGAD YOGAM KAMBILLY SREE
DHARMA SASTHA KSHETHRAM, MUPPATHADAM P.O., ALUVA - 683 110 REP. BY
CHAIRMAN K.AYYAPPA DASS, AGED 57 YEARS, S/O.PNK MENON, SWASTHI, OLD
DESOM ROAD, THOTTEKATTUKARA, ALUVA - 683 108.
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM - 695 003 REPRESENTED BY ITS SECRETARY.
2. DEVASWOM COMMISSIONER, DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM - 695 003.
3. SECRETARY TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
NANDANCODE, THIRUVANANTHAPURAM - 695 003.
4. THE ASSISTANT SECRETARY SABARIMALA CELL, ERUMELI - 686 509.
5. ALANGAD YOGAM SABARIMALA SWAMI BHAKTHA JANA SANGHOM REG.NO.139/83
REP. BY ITS PERIYON A.K., VIJAYAKUMAR, AGED ABOUT 80 YEARS,
S/O.KRISHNAN NAIR, AMBADATHU MANJAPRA, ERNAKULAM - 683 581.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the respondents 1 to 3 to ensure that
the members of the petitioner are also given due and equal representation
in the pettathullal and issued with passes to participate in the
pettathullal and also restraining the 5th respondent from assigning the
right to acts as periyon conferred on him by judgment of this Hon'ble
Court, without obtaining permission from this Hon'ble court, pending the
consideration of the writ petition, in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. L.RAJESH NARAYAN IYER Advocate for the petitioner and of SHRI.G.BIJU,
STANDING COUNSEL for the respondents 1 to 4, the court passed the
following:
WP(C) No.245/2022 2/7
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C).No.245 of 2022
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Dated this the 7th day of January, 2022
ORDER
Anil K. Narendran, J.
I.A.No.1 of 2022
This is an application filed by the petitioner seeking an order to accept Exts.P6 and P7 as additional documents.
I.A. allowed as prayed for.
W.P.(C) No.245 of 2022 The petitioner namely Alangad Yogam Trust, represented by its Chairman, Sri.K.Ayappa Dass had filed this writ petition seeking various reliefs including a writ of mandamus commanding respondents 1 and 2 to ensure that the members of the petitioner Trust are also given due and equal representation in Erumeli Pettathullal and they may be issued with passes to participate in Pettathullal. In the writ petition, it is claimed that the petitioner Trust is in possession of a Kodi, Golika, Sword and Churika which were entrusted by Lord Ayyappa.
2. On 05.01.2022, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 1 to 4. WP(C) No.245/2022 3/7 2 W.P.C.No.245 of 2022 Urgent notice on admission by special messenger was ordered to the 5th respondent, returnable by 07.01.2022. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions and Registry was directed to incorporate a copy of the judgment dated 31.12.2021 in W.P. (C) No.22367 of 2021 in the Judges papers of this writ petition.
3. W.P.(C) No.22367 of 2021 was one filed by Sree Sabarimala Dharma Sastha Alangad Yogam, represented by its Secretary Sri.K.P.Mukundan, along with one N.K.Sivan, who is the President of that Yogam, seeking a writ of mandamus commanding the Travancore Devaswom Board to permit them to use the original Golika and Kodi, which are in possession of that Yogam, in the ceremonies in connection with Erumeli Pettathullal. The said Yogam claims that they are in possession of the ancient Golika and Kodi presented by Panthalam Raja to Alangad Sangam, which should be used during Erumeli Pettathullal. That writ petition was dismissed by the judgment dated 31.12.2021. In that judgment, it was WP(C) No.245/2022 4/7 3 W.P.C.No.245 of 2022 held that, in view of the findings in Ext.P12 judgment of a Division Bench of this Court dated 09.01.2018 in W.P.(C) No.815 of 2018, the petitioners therein, i.e., Sree Sabarimala Dharma Sastha Alangad Yogam, is not entitled to the reliefs sought for in that writ petition, which was dismissed without prejudice to the right of the petitioners therein to establish their claim in relation to the aforesaid Golika and Kodi by approaching the competent civil court. In that writ petition, relying on a letter dated 04.01.2016 of Valiya Thampuran of Alangad Swaroopam, it was contended that the ancient Golika and Kodi presented to Alangad Yogam by the Pandhalam Raja has to be used in connection with Erumeli Pettathullal, which should be lead by Kambili Velichapad.
4. Today, when this writ petition is taken up for consideration, the petitioner, along with I.A.No.1 of 2022, has placed on record Ext.P7 trust deed of the petitioner Trust and Ext.P8 notice published by the 5 th respondent regarding Pettathullal for the year 2022.
5. The 5th respondent has filed counter affidavit WP(C) No.245/2022 5/7 4 W.P.C.No.245 of 2022 opposing the reliefs sought for in this writ petition. Along with that counter affidavit, Ext.R5(f) plaint in O.S.No.6 of 2021 filed by the petitioner Trust before the Munsiff's Court, Aluva is placed on record, in which the petitioner Trust has sought for a perceptual injunction in relation to Erumeli Pettathullal. In that suit, the 5th respondent herein is arrayed as the 3 rd defendant. The averments in Ext.R5(f) plaint is to the effect that the entrustment of Golika and Kodi in their possession is by Lord Ayyappa. As rightly pointed out by the learned Senior Counsel for the 5th respondent, the pendency of O.S.No.6 of 2021 before the Munsiff Court, Aluva, is not disclosed in this writ petition.
6. After arguing for some time, the learned counsel for the petitioner would submit that the reply affidavit of the petitioner shall be placed on record by 10.01.2022.
7. On a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board would submit that more than one group is claiming right to conduct Erumeli Pettathullal. The learned Standing Counsel shall get WP(C) No.245/2022 6/7 5 W.P.C.No.245 of 2022 necessary instructions as to whether these organisations are collecting any money from the devotees in connection with Erumeli Pettathullal, since, in Ext.P1 order dated 13.12.2000 in C.M.P No.3030 of 2000, the Division Bench has made it clear that, even though Alangad Yogam Sabarimala Swami Bhaktha jana sanghom (5th respondent herein) was allowed to conduct religious rights during the festival, all the devotees of Alangad can take part in the activities of the Bhakta jana sangam, which may not exert pressure for collecting any money from the devotees.
List this matter for further consideration on 10.01.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE PV 07-01-2022 /True Copy/ Assistant Registrar WP(C) No.245/2022 7/7 APPENDIX OF WP(C) 245/2022 Exhibit P1 TRUE COPY OF THE ORDER DATED 13/12/2000 IN CMP NO.3030/2000 OF THIS HON'BLE COURT.
EXHIBIT P7: TRUE COPY OF THE TRUST DEED OF ALANGAD YOGAM TRUST EXHIBIT P8: DATED 18.11.2020.
TRUE COPY OF THE NOTICE PUBLISHED BY THE 5TH RESPONDENT EXHIBIT R5(F): FOR THE PETTATHULLAL FOR THE CURRENT YEAR.
TRUE COPY OF O.S.NO.6 OF 2021 FILED BY THE PETITIONER BEFORE THE MUNISIFF'S COURT, ALUVA.