Rajesh Nair vs The Travancore Devaswom Board ... on 18 July, 2025

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Kerala High Court

Rajesh Nair vs The Travancore Devaswom Board ... on 18 July, 2025

The petitioner, who is a devotee of Major Vellayani Devi Temple, Nemom, Thiruvananthapuram, which is a temple under the management of the 1st respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to forthwith initiate appropriate enquiry on Exts.P4 and P5 complaints dated 08.07.2023 made by the petitioner; and a writ of mandamus commanding respondents 1 and 2 to forthwith take stringent action against the 7th respondent for causing damage to the Thankathirumudi.

2. On 06.11.2024, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board took notice on admission for respondents 1, 2, 4 and 5. Notice on admission by speed post was ordered to respondents 3, 6 and 7, returnable within three weeks. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions and file counter affidavit on behalf of the 1st respondent Board.

3. The 7th respondent, who is the Elayavaathi of Major WP(C) NO. 39122 OF 2024 4 2025:KER:53803 Vellayani Devi Temple, has filed a counter affidavit dated 16.01.2025, opposing the reliefs sought for in this writ petition, producing therewith Exts.R7(a) to R7(k) documents.

4. The learned Standing Counsel for Travancore Devaswom Board has filed a counter affidavit dated 27.05.2025, on behalf of the 1st respondent Board, producing therewith Exts.R1(a) to R1(c) documents. The document marked as Ext.R1(a) is a copy of the report dated 14.03.2024 of the Chief Vigilance and Security Officer (Superintendent of Police), Travancore Devaswom Board, based on the complaint made by the petitioner. Paragraphs 5 to 8 of the counter affidavit filed by the 1st respondent read thus:

"5. It is submitted that Exhibit-P5 complaint was enquired by the Vigilance Officer and the Superintendent of Police (Vigilance & Security), Travancore Devaswom Board submitted a report to the President of the Board on 14.03.2024. According to the statement given by the Sub Group Officer during the enquiry, the temple follows the "Koulachara" form of worship, and the person from the blacksmith community (Vathi) conducts the pooja in the Vellayani temple. The temple opens at 12 noon on Tuesdays, Fridays, and Sundays and closes at 2 pm. Likewise, the temple opens at 6 pm in the evening and closes at 8 pm, except on the first day of every Malayalam month, Niraputhari day, Navarathri, and Mandala Pooja season when the temple opens in the morning. The temple does not have an idol like other temples. The daily poojas are conducted WP(C) NO. 39122 OF 2024 5 2025:KER:53803 in the 'Thanka Thirumudi'. The Thanka Thirumudi is taken outside for Kaliyoottu and for major festivals. The Sub Group Officer stated that, as part of the custom, a girl child below the age of 10 collects water from the Vellayani lake and pours it on the Nagapathi of the `Thirumudi' and its Peedom. Immediately after this, the water is completely wiped off with clothes. The allegation that Vathi scrubbed Thirumudi with some articles is not true to facts. The Vigilance submitted report recommending to inspect the `Thirumudi' on the 'Ponkala' day, 09,04.2024. True copy of the Vigilance report No. DP.175/23/TDB/VIG dated 14.03.2024 prepared by Superintendent of Police, Travancore Devaswom Board submitted before President, Travancore Devaswom Board is produced herewith and marked as Exhibit R1(a).

6. It is submitted that the Kaliyoottu festival is conducted every 3 years. The Kaliyoottu festival is connected to the story of 'Darika Nigraham'. After the assassination of Darika. as per the ritual, the Goddess proceeds to the banks of the Vellayanilake for 'Arattu' and takes a holy bath there. The customary rituals connected to the holy bath is, after assassinating Darika during the Kaliyoottu, "Guruthy" is conducted in the place where the 'Nilathilporu was performed. After 'Guruthr', the 'Thirumudi' is taken for 'Arattu'. Arattu is conducted at the Vellayanilake. The deity is ritually bathed with 101 kalasams (small pots of water). This is the traditional holy bath. First, a girl under the age of 10 from the Vathi community collects water from the Vellayanilake and anoints the deity. Following this, the ritualistic bath with 101 kalasams takes place.

7. It is submitted that the Assistant Devaswom Commissioner, Neyyattinkara, sent a report to the Devaswom Commissioner (No.295, dated 30.01.2025) stating that the gold beadings of the 'Thirumudi' are found to be trembling, and some parts of it do not have sufficient strength. It is further reported that this issue requires urgent attention and action. According to the Assistant WP(C) NO. 39122 OF 2024 6 2025:KER:53803 Devaswom Commissioner, the Thirumudi will be taken outside on the Ponkala day, i.e., on 31.03.2025. On that day, the inspection of the Thirumudi can be done in the presence of the Thiruvabharanam Commissioner, Vigilance Officer, 2 senior santhies, and the Vellayani Temple Moothavathi. True copy of the report No.295 dated 30.1.2025 submitted Assistant Devaswom Commissioner, Neyyattinkara before the Devaswom Commissioner, Travancore Devaswom Board is produced herewith and marked as Exhib - R1(b).

8. It is submitted that the Devaswom Commissioner, vide report, ROC No. 7431/24/vig dated 15.02.2025, reiterated this issue and reported for the sanction of the Board to inspect the Thirumudi on 31.03.2025. True copy of the report vide ROC.7431/24/VIG dated 15.2.2025 submitted by the Devaswom Commissioner, Travancore Devaswom Board before the Secretary, Travancore Devaswom Board is produced herewith and marked as Exhibt-R1(c). Accordingly the Thiruvabharanam Commissioner conducted inspection on 31-03-2025 in the presence of officials and the proxy of Thanthri. The report of the inspection and mahazar is yet to be received. As soon as the said report is received further steps will be taken without delay."

5. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1, 2, 4 and 5, the learned counsel for the 3rd respondent Tantri, the learned counsel for the 6th respondent Moothavaathi and also the learned counsel for the 7th respondent Elayavaathi.

6. Though counter affidavits of respondents 3 and 6 are WP(C) NO. 39122 OF 2024 7 2025:KER:53803 yet to be placed on record, after considering the pleadings and materials on record and also the submissions made at the Bar, we find that a detailed consideration of the rival contentions is not necessary in this writ petition, since Ext.R1(a) report dated 14.03.2024 of the Chief Vigilance and Security Officer (Superintendent of Police) is now pending consideration before the 1st respondent Travancore Devaswom Board.

7. During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court, a copy of the mahazar prepared on 31.03.2025 by the Thiruvabharanam Commissioner, after inspecting Thankathirumudi, and also a report dated 29.05.2025 of the Thiruvabharanam Commissioner, submitted before the Secretary of the Board. The learned Standing Counsel would submit that a copy of the aforesaid mahazar and report are being placed on record along with a memo, after serving copy of the learned counsel for the petitioner and also the respective counsel for respondents 3, 6 and 7.

In such circumstances, this writ petition is disposed of with the following directions;

WP(C) NO. 39122 OF 2024 8 2025:KER:53803

i) Within two weeks from the date of receipt of a certified copy of this judgment, the petitioner, the 3rd respondent and respondents 6 and 7 shall submit written submissions before the 2nd respondent Commissioner, Travancore Devaswom Board, raising appropriate contentions.

ii) Thereafter, the 2nd respondent Commissioner shall conduct a personal hearing, with notice to the petitioner, the 3rd respondent and respondents 6 and 7 and submit a report before the 1st respondent Travancore Devaswom Board.

iii) The said report shall be considered by the Board and an appropriate decision shall be taken on Ext.P4 complaint made by the petitioner, as expeditiously as possible, at any rate, within a further period of two months.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV/-

WP(C) NO. 39122 OF 2024 9 2025:KER:53803 APPENDIX OF WP(C) 39122/2024 PETITIONER'S EXHIBITS :

Exhibit P1 PHOTOGRAPH OF THE THANKATHIRUMUDI Exhibit P2 PHOTOGRAPH SHOWING THE 6TH RESPONDENT WASHING THE THANKATHIRUMUDI.

Exhibit P3 PHOTOGRAPH SHOWING THE MISSING OF NAILS FROM THE THANKATHIRUMUDI Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 08/07/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 08/07/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER NO. 3375 DATED 18/03/2024 SENT BY THE ASSISTANT DEVASWOM COMMISSIONER TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO. 542/2024 DATED 19/03/2024 SENT BY THE 3RD RESPONDENT RESPONDENTS' EXHIBITS Exhibit R7(a) True copy of the Letter dt.13.03.2001 of Sri.VanchiyoorAthiyaramadomNarayanaruRudrar u, the brother of the 3rd respondent Exhibit R7(a)(1) True copy of the type written copy of Ext.

R7 (a) Exhibit R7(b) True copy of the Proceedings dt.14.03.2001 of the 1st respondent Exhibit R7(b)(1) True type written copy of Ext. R7(b) Exhibit R7(c) True copy of the relevant pages of the SSLC book Exhibit R7(d) True copy of the Order of Appointment No. R.O.C. 147/08/EST-A/PR, dt.04.05.2021 of the 1st respondent Exhibit R7(e) Photographs showing the 'Aaratttu' being conducted in various 'Bhadrakali' Temples in Travancore area Exhibit R7(f) True copy of the Complaint dt.19.02.2020, filed by the Temple Advisory Committee before the Circle Inspector of Police, Naruvamood Exhibit R7(g) True copy of the Representation dt.11.11.2020 of Mr. Shivakumar.S., the 'Moothavathi' of the Temple to the 5th respondent Exhibit R7(h) True copy of the Report dt.22.03.2021 of the WP(C) NO. 39122 OF 2024 10 2025:KER:53803 'Devashilppi' Mr. N.Sasi Exhibit R7(i) True copy of the Letter dt.25.03.2021 of the 'Thiuvabharanam Commissioner' to the Secretary, Travancore Devaswom Board Exhibit R7(j) True copy of the Report No. 384, dt.18.03.2023 of the Special Grade Sub Group Officer, Vellayani Devaswom to the 5th respondent Exhibit R7(k) True copy of the Application dt.04.01.2025 submitted by Mr. AnoopVijayan before the State Public Information Officer and Thiruvabharanam Commissioner under the Right to Information Act Exhibit R7(l) True copy of the Reply dt.06.01.2025 against Ext. R7(k) Application Exhibit R7(m) True copy of the Reply dt.18.12.2024 given by the Public Information Officer, ThiruvabharanamCommisioner's officer to Mr. Abhijith. B Exhibit R7(n) True copy of the Mahazar dt.07.01.2022. Exhibit R7(o) True copy of the Representation dt.03.12.2024 submitted by me before the Secretary of the 1st respondent Exhibit-R1(a) True copy of the Vigilance report No. DP.175/23/TDB/VIG dated 14.03.2024 prepared by Superintendent of Police, Travancore Devaswom Board submitted before President, Travancore Devaswom Board Exhibit-R1(b) True copy of the report No.295 dated 30.1.2025 submitted Assistant Devaswom Commissioner, Neyyattinkara before the Devaswom Commissioner, Travancore Devaswom Board Exhibit-R1(c) True copy of the report vide ROC.7431/24/VIG dated 15.2.2025 submitted by the Devaswom Commissioner, Travancore Devaswom Board before the Secretary, Travancore Devaswom Board

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