Kerala High Court
P V Muraleedharan vs State Of Kerala on 6 March, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.8248/2024 1/9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Wednesday, the 6th day of March 2024 / 16th Phalguna, 1945
WP(C) NO. 8248 OF 2024(E)
PETITIONER:
P V MURALEEDHARAN, AGED 61 YEARS, S/O. VASUDEVAN, HINDU IKYA VEDI,
STATE SECRETARY, KERALA, RESIDING AT PRASADAM, ELAMKOOR P.O.,
MANCHERY, MALAPPURAM DISTRICT PIN - 676122
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN - 695001
2. THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANHIPALAM, KOZHIKODE DISTRICT PIN - 673006
3. MALABAR DEVASWOM BOARD, REPRESENTED BY SECRETARY, HOUSEFED COMPLEX,
ERANHIPALAM, KOZHIKODE DISTRICT PIN - 673006
4. PERUMTHRIKKOVIL MAHASIVAKSHETRAM TEMPLE, THRIPPANACHI, MALAPPURAM
DISTRICT PIN - 673641, REPRESENTED BY ITS TRUSTEE UNNIKRISHNAN M
5. RADHAKRISHNAN, S/O. CHARU, TRUTSEE OF PERUMTHRIKKOVIL
MAHASIVAKSHETRAM TEMPLE, RESIDING AT PARAMPIL HOUSE, THRIPPACHI
P.O., MALAPPURAM DISTRICT PIN - 673641
6. *(DELETED) THE MANAGER, SREE PERUMTHRIKKOVIL MAHASIVA KSHETHRAM,
THRIPPANACHI, PULPPATTA, MALAPPURAM DISTRICT PIN - 673641
7. *(DELETED) THE SECRETARY, TEMPLE ADMIBNISTRATION COMMITTEE, SREE
PERUMTHRIKKOVIL MAHASIVA KSHETHRAM, THRIPPANACHI, PULPPATTA,
MALAPPURAM DISTRICT PIN - 673641 *RESPONDENTS NO.6 & 7 ARE DELETED
FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER
DATED 06.03.2024 IN I.A.2/2024 IN WP(C) NO.8248/2024
8. THE CONVENOR, SREE PERUMTHRIKKOVIL MAHASIVA KSHETHRAM, MAHA
SIVARATHRI MAHOLSAVAM AGHOSHA COMMITTEE, THRIPPANACHI, MALAPPURAM
PIN - 673641 *(CORRECTED) MAHA SIVARATHRI MAHOLSAVAM AGHOSHA
COMMITTEE, SREE PERUMTHRIKKOVIL MAHASIVA KSHETHRAM, THRIPPANACHI,
MALAPPURAM PIN 673641, REPRESENTED BY ITS CONVENOR AS PER ORDER
DATED 06.03.2024 IN I.A.2/2024 IN WP(C)NO.8248/2024.
9. THE EXECUTIVE OFFICER, SREE PERUMTHRIKKOVIL MAHASIVA KSHETHRAM,
THRIPPANACHI, PULPPATTA, MALAPPURAM DISTRICT PIN - 673641
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 direct the respondents 1 to 4 not to permit for conducting
Samskarika Sadassu and Ganamela as part of Sivarathri Maholtsavam at Sree
Perumthrikkovil Mahasiva Kshethram, Thrippanachi, Pulppatta, Malappuram,
pending disposal of this Writ Petition (C).
WP(C) No.8248/2024 2/9
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
05.03.2024 in I.A.1/2024 and upon hearing the arguments of M/S.
C.RAJENDRAN, B.K.GOPALAKRISHNAN, R.S.SREEVIDYA & MANU M. Advocates for the
petitioner, SENIOR GOVERNMENT PLEADER for the respondent 1, STANDING
COUNSEL for the respondents 2 and 3, M/S. MAHESH V RAMAKRISHNAN & PRAVEEN
K.A. Advocates for respondents 5 & 9 and of M/S. CHITHRA JOHNSON Advocates
for the respondents 7 & 8, the court passed the following:
WP(C) No.8248/2024 3/9
ANIL K. NARENDRAN & G. GIRISH, JJ.
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W.P.(C)No.8248 of 2024
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Dated this the 6th day of March, 2024
ORDER
Anil K. Narendran, J.
The issue raised in this writ petition is in respect of the conduct of Sivarathri Maholsavam of Sree Perumthrikkovil Mahasiva Kshethram, which is a controlled institution under the Malabar Devaswom Board. As per Ext.P1 notice, 'Samskarika Sadas' and other programmes are scheduled to be held on 07.03.2024 and 08.03.2024, in connection with Sivarathri Maholsavam of Sree Perumthrikkovil Mahasiva Kshethram.
2. Ext.P1 notice is one issued by the 8th respondent Maha Sivarathri Maholsavam Aghosha Committee, Sree Perumthrikkovil Mahasiva Kshethram. The Chairman of the Aghosha Committee is one Rajan Oottupura, the Convener is one Unnikrishnan Muthoor and the Treasurer is one Vijay Madhuraj. Ext.P1 notice contains a request for contributions to G-Pay No.9946199343 for the renovation works of Sree Perumthrikkovil Mahasiva Kshethram.
3. As held by a Division Bench of this Court in Payyannur Sree Subrahmanya Swami Kshethrodharana Samithi and another v. Malabar Devaswom Board and others [2013 (3) WP(C) No.8248/2024 4/9 2 W.P.(C)No.8248 of 2024 KHC 849], the scheme of the Madras Hindu Religious and Charitable Endowments Act, 1951 and the Rules framed thereunder not only insulates the authority of the hereditary trustee or the trustees to preserve and have matters of religion in a temple in terms of such customs, practices and usages, it gives no room for any authority to interfere with that. Matters relating to customs, usages and practices include matters relating to festivals and organising different functions in connection with the rituals of the temple. Those are not matters which can be meddled with even by a committee consisting of the devotees, constituted under the provisions contained in Circular No.HRH5/8246/2006 dated 15.06.2007, for the specific purpose of conducting temple festivals. The administration of the temple is clearly with the hereditary trustee or the trustees, as the case may be, except in cases of institutions which fall under Section 8B of the Act and of course those temples in relation to which the non-hereditary trustees or fit persons have been appointed.
4. In Hindu Seva Kendram v. State of Kerala and others [2023 (3) KHC 258], a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that a committee like Pooram-2023 Sanghadaka Samithi constituted for conducting Pooram in Sree Thirumandhamkunnu Bhagavathi WP(C) No.8248/2024 5/9 3 W.P.(C)No.8248 of 2024 Temple, which is a controlled institution under the Malabar Devaswom Board, cannot meddle with matters relating to festivals and organising different functions in connection with the rituals of the temple. In the absence of a committee consisting of the devotees, constituted under the provisions contained in Circular No.HRH5/8246/2006 dated 15.06.2007 issued by the Commissioner, Hindu Religious and Charitable Institutions (Administration) Department, the entire activities in connection with the Pooram festival of 2023 in Sree Thirumandhamkunnu Bhagavathi Temple shall be conducted by the temple administration and Pooram-2023 Sanghadaka Samithi cannot meddle with any such matters.
5. On a specific query made by this Court the learned Standing Counsel for the Malabar Devaswom Board and also the learned counsel for the 9th respondent Executive Officer, Sree Perumthrikkovil Mahasiva Kshethram, would submit that the 8th respondent Maha Sivarathri Maholsavam Aghosha Committee is not a committee constituted in terms of the provisions contained in Circular No.HRH5/8246/2006 dated 15.06.2007 issued by the Commissioner, Hindu Religious and Charitable Institutions (Administration) Department.
6. In Hindu Seva Kendram [2023 (3) KHC 258] the WP(C) No.8248/2024 6/9 4 W.P.(C)No.8248 of 2024 Division Bench held that a temple festival has to be conducted in accordance with the custom, rituals and practices of a temple. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. See: Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]. Similarly, cultural or social activities unconnected with temple worship have no role to play in temple festivals.
7. The learned Standing Counsel for the Malabar Devaswom Board and also the learned counsel for the 9 th respondent Executive Officer, Sree Perumthrikkovil Mahasiva Kshethram, would submit that 'Samskarika Sadas' and other functions as per Ext.P1 notice are scheduled to be held outside the temple premises, in the land of a private party. The 2nd respondent Devaswom Commissioner called for a report from the 9 th respondent Executive Officer regarding the conduct of 'Samskarika Sadas' and other programmes on 07.03.2024 and 08.03.2024 in connection with Sivarathri Maholsavam of Sree Perumthrikkovil Mahasiva Kshethram. The 9th respondent Executive Officer submitted a report dated 26.02.2024, wherein it is stated that the Devaswom or the Executive Officer has no role in the conduct of such programmes.
8. The learned counsel for the 8th respondent Maha WP(C) No.8248/2024 7/9 5 W.P.(C)No.8248 of 2024 Sivarathri Maholsavam Aghosha Committee could not offer any explanation whatsoever for using the name of Sree Perumthrikkovil Mahasiva Kshethram in Ext.P1 notice, with a request for contributions for the renovation works of Sree Perumthrikkovil Mahasiva Kshethram to G-Pay No.9946199343.
9. In the above circumstances, it is ordered that, in the absence of a committee consisting of the devotees, constituted under the provisions contained in Circular No.HRH5/8246/2006 dated 15.06.2007 issued by the Commissioner, Hindu Religious and Charitable Institutions (Administration) Department, the entire activities in connection with Sivarathri Maholsavam of Sree Perumthrikkovil Mahasiva Kshethram shall be conducted by the temple administration and the 8th respondent Maha Sivarathri Maholsavam Aghosha Committee cannot meddle with any such matters. The Aghosha Committee cannot collect any money from the devotees or public for the renovation works of Sree Perumthrikkovil Mahasiva Kshethram or for the conduct of Sivarathri Maholsavam.
10. The counter affidavits of the 3rd respondent Malabar Devaswom Board, the 8th respondent Maha Sivarathri Maholsavam Aghosha Committee and the 9th respondent Executive Officer shall be placed on record within two weeks.
WP(C) No.8248/2024 8/96 W.P.(C)No.8248 of 2024
11. The 3rd respondent Malabar Devaswom Board shall call for a report from the concerned Assistant Commissioner on the activities of the 8th respondent Maha Sivarathri Maholsavam Aghosha Committee and collection of money by that Aghosha Committee, based on Ext.P1 notice, for the renovation works of Sree Perumthrikkovil Mahasiva Kshethram and for the conduct of Sivarathri Maholsavam. That report shall be produced along with the counter affidavit filed by the 3rd respondent.
List on 21.03.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
G. GIRISH, JUDGE AV/6/3 06-03-2024 /True Copy/ Assistant Registrar WP(C) No.8248/2024 9/9 APPENDIX OF WP(C) 8248/2024 Exhibit P1 A TRUE COPY OF THE NOTICE PUBLISHED BY THE MAHA SIVARATHRI MAHOLSAVAM AGHOSHA COMMITTEE 06-03-2024 /True Copy/ Assistant Registrar