Kerala High Court
Udayamma S vs State Of Kerala on 27 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
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W.P(C) No.30974/2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TH
WEDNESDAY, THE 27 DAY OF AUGUST 2025 / 5TH BHADRA, 1947
WP(C) NO. 30974 OF 2025
PETITIONER:
UDAYAMMA S, AGED 47 YEARS, D/O SARASAMMA, KALIYICKAL PUTHEN
VEEDU, THAMARAKKULAM P.O, MAVELIKKARA, PIN - 690530
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT REVENUE
(DEVASWOM) DEPARTMENT KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, NANDANCODE, KAWDIAR P.O
KTHIRUVANANTHAPURAM, PIN - 695003
3 DEVASWOM COMMISSIONER
DEVASWOM HEAD QUARTERS, TRAVANCORE DEVASWOM BOARD
NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003
4 ASSISTANT COMMISSIONER
KARUNAGAPPALLY GROUP,
TRAVANCORE DEVASWOM BOARD, KOLLAM ROAD,
KOTTARAKKARA, KOLLAM, PIN - 691532
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5 MAVELIKKARA THAMARAKKULAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
THAMARAKKULAM P.O., ALAPPUZHA, PIN - 690530
6 SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD NEDIYANIKKAL,
CHARUMOODU - SASTHAMKOTTA RD, THAMARAKULAM, THAMARAKKULAM
P.O, ALAPPUZHA., PIN - 690530
BY ADV SRI.S.K.SAJI, THAMARAKULAM GRAMA PANCHAYATH
ADV. G. BIJU, SC, TRAVANCORE DEVASWOM BOARD
ADV. S. RAJMOHAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
K. V. Jayakumar, J.
The above captioned Writ Petition is filed by Smt. Udayamma S., claiming the following reliefs.
i. Issue a writ of mandamus or such other writ or order or direction, to direct the Devaswom not to permit the 5th respondent Panchayath to conduct Onam Karshikolsavam as requested in Ext.P1 application in the temple of Thamarakkulam Nediyanikkal Temple. 2. The petitioner states that she is a worshiper of Nediyanikkal Devi Temple. The petitioner further states that the Officers of the 2nd respondent, Travancore Devaswom Board, have leased out the temple compound to the 5th respondent, Mavelikkara Thamarakulam Grama Panchayath, for conducting an Onam fest on payment of petty amounts and permitted the panchayath to conduct the fest by erecting stalls and auctioning the same for huge amounts, permitting entry of non-Hindus in the temple compound. It is also stated that in the said fest, various products including non-vegetarian food items were also proposed to be sold.
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3. The learned counsel for the petitioner, Sri. Krishna Raj, submitted
that if non-vegetarian food items are permitted to be sold, it would violate the sanctity of the temple. If sheds are put up in the compound, the devotees will not be in a position to enter the temple and park their vehicles. Moreover, speakers are likely to be used from morning till night and the same would disrupt the poojas and rituals of the temple. The learned counsel submits that several complaints were made by the devotees to the Devaswom Board about the illegal activities of the Board.
4. It is contended that the leasing out of the temple compound for conducting Onam Agricultural festival after receiving an amount of Rs.12,980/- for the temple ground and the stage and Rs.2805/- for Sadhyalayam totally in violation of the provisions of the Travancore-Cochin Hindu Religious Institutions Act and Kerala Hindu Places of Public Worship (Authorisation of Entry) Act 1965. 5. The learned counsel for the petitioner submitted that Rule 3 of the Hindu Places of Public Worship (Authorization of Entry) Rules 1965 ('the Rules' for the sake of brevity) stipulates that persons who are not Hindus cannot enter or offer worship in any place of public worship. 'Place of public worship' is defined in 2B of the Hindu Places of Public Worship (Authorization of Entry) Act, 1965. Section 3 of the Rules reads thus:
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3. The classes of persons mentioned hereunder shall not be entitled to enter or offer worship in any place of public worship or bathe in or use the waters of any sacred tank, well, spring or watercourse appurtenant to a place of public worship whether situate within or outside the precincts thereof or any sacred place including a hill or hillock or a road, street, or pathway which is requisite for obtaining access to the place of public worship-
(a) Persons who are not Hindus.
(b) Women at such a time during which they are not by custom and usage allowed to enter a place of public worship.
(c) Persons under pollution arising out of birth or death in their families.
(d) Drunken or disorderly persons.
(e) Persons suffering from any loathsome of contagious disease.
(f) Persons of unsound mind except when taken for worship under proper control and with the permission of the executive authority of the place of public worship concerned.
Section 2B of the Hindu Places of Public Worship (Authorization of Entry) Act 1965 reads thus:
Section 2B."Place of public worship" means a place, by whatever name known or to whomsoever belonging, which is dedicated to, or for the, benefit of, or is used generally by, Hindus or any section or class thereof, for the performance of any religious service or for offering prayers therein, and includes all lands and subsidiary shrines, mutts, devasthanams, namaskara mandapams and nalambalams, appurtenant or attached to any such place, and also any sacred tanks, wells, springs and water courses the waters of which are worshipped, or are used for bathing or for worship, but does not include a "sreekoil"'.
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6. The learned counsel for the petitioner further submitted that Rules
4 and 5 will be violated if the Onam festival is permitted to be conducted in the temple compound. Rules 4 and 5 of the Rules read thus:
"4. No person shall enter into premises of any place of public worship unless he has had bath and wears clean clothes or such materials and in such manner as is customary, in such place of public worship. No person shall enter a place of public worship with any footwear.
5. No person shall-
(i) within the premises of any place of public worship spit, chew bete tobacco or any similar article, or smoke or carry with him in to the temple any article for smoking, or
(ii) take to the premises of any place of public worship fish, eggs, meat, flesh, toddy, arrack or other intoxicants, or any article or animal inappropriate according to the custom usage of the place of public worship concerned or
(iii) do any act which is opposed to custom or established usage of the place of public worship or would tend to derogate from the purity and cleanliness of the place of public worship and its premises."
7. In response, the learned Standing Counsel for the Travancore Devaswom Board has produced an agreement dated 26.08.2025 entered into between the Secretary, Thamarakkulam Grama Panchayath and the Assistant Devaswom Commissioner, Travancore Devaswom Board, Thiruvananthapuram. In this agreement, it is stated that as part of the 2025-26 Annual Plan of 2025:KER:65882 W.P(C) No.30974/2025 7 Mavelikkara Thamarakkulam Grama Panchayat, a letter dated 28/07/2025 bearing No. SC1-5442/25 was submitted to the Assistant Devaswom Commissioner, requesting that the Thamarakkulam Nediyanikkal Devi Temple ground and stage under the ownership of the Travancore Devaswom Board be made available for conducting the Onam Agri-Festival from 29th August 2025 to 3rd September 2025.
8. Based on the above request, permission was sought to use the temple ground and stage in a manner that would not cause any disruption to the traditional temple rituals and ceremonies. In compliance with the relevant departmental regulations and in accordance with due procedures, the Devaswom Commissioner, vide Order No. ROC 17913/2023/MI dated 18/08/2025, granted permission to use the Thamarakkulam Nediyanikkal Devi Temple ground and stage from 29/08/2025 to 03/09/2025. Based on this order, a total rent amount of ₹17,700 (comprising ₹15,000 as rent and ₹2,700 as GST) was remitted by the first party on 20/08/2025, as evidenced by Receipt No. 61750.
9. As per the agreement, the Nediyanikkal Devi Temple ground and stage shall be used by the first party during the period from 29/08/2025 to 03/09/2025, subject to the following conditions..
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1.No sale or use of fish, meat, or any food items prepared using such products shall be permitted at the Onam Agri-Fair held at the Nediyanikkal Temple grounds.
2.Loudspeakers or sound systems shall not be used in a manner that causes disturbance to temple rituals or devotees visiting the temple.
3.The temple ground and stage shall be used strictly in accordance with departmental regulations, and in a manner that does not cause any inconvenience to temple rituals or to the devotees visiting the temple.
4.Under no circumstances shall the temple premises be used beyond 03/09/2025 10. We have carefully considered the submissions of the learned counsel for the petitioner and the Standing Counsel for the Travancore Devaswom Board.
11. The main grievance of the petitioner is that non-vegetarian food items would be sold in the stalls put up in the temple compound. The agreement entered into between the parties prohibits the consumption or sale of any non vegetarian food item including pickles. On a perusal of the photographs produced by the petitioner, it is clear that the proposed site for the Onam Fest is outside the Nalambalam of the temple and at a distance of over 100 meters from the outer wall of the temple and adjacent to the public road.
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We also find that the agreement, which is placed on record by the Standing Counsel for the Travancore Devaswom Board, contains various stipulations with regard to the conduct of the Onam Fest scheduled to be held from 29.08.2025 to 03.09.2025. Moreover, the conduct of Onam Fest is an activity that is not connected with or arising from the worship of the temple. Considering the facts and circumstances of the instant case, we do not find any violation of the Hindu Places of Public Worship (Authorization of Entry) Rules 1965. 12. In that view of the matter we find no reason to allow the prayer and interdict the 5th respondent Panchayath from conducting the Onam Karshikolsavam in the grounds outside the Nalambalam of the temple. However, we make it clear that the Travancore Devaswom Board shall ensure strict compliance of the stipulations of the agreement executed between the Thamarakkulam Grama Panchayath and the Devaswom Board.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V.
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Sbna/
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APPENDIX OF WP(C) 30974/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE REQUEST GIVEN BY THE 5TH
RESPONDENT TO THE DEVASWOM BOARD DATED
28.07.2025
Exhibit P-2 TRUE COPY OF THE RECEIPT ISSUED BY THE DEVASWOM
BOARD DATED 8.9.2024
Exhibit P-3 TRUE COPY OF THE RECEIPT ISSUED BY THE DEVASWOM
BOARD DATED 13.9.2024
Exhibit P-4 TRUE COPY OF THE COMPLAINT FILED BY THE DEVOTEES
DATED 01.08.2025
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 18.8.2025
Exhibit P6 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
NEDIYANIKKAL TEMPLE GROUND
Exhibit P7 TRUE COPY OF THE FESTIVAL NOTICE PUBLISHED BY
THE MAVELIKKARA THAMARAKULAM GRAMA PANCHAYATH Exhibit P8 TRUE COPY OF THE NOTICE OF SAPTHAHAYAJNA CONDUCTED ANNUALLY AT THE NEDIYANIKKAL TEMPLE GROUND Exhibit P9 TRUE COPY OF THE NOTICE OF PONKALA FESTIVAL CONDUCTED ANNUALLY AT THE NEDIYANIKKAL TEMPLE GROUND Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE TRAVANCORE DEVASWOM BOARD TO MAVELIKKARA THAMARAKULAM GRAMA PANCHAYATH DATED 20.08.2025