Asok Kumar T. v. Travancore Devaswom Board and others

# **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 1[ST] DAY OF APRIL 2022 / 11TH CHAITHRA, 1944** **W.P.(C) NO.10250 OF 2022** ## **PETITIONER:** **ASOK KUMAR T., AGED 58 YEARS, ASOK BHAVAN, KANNAMANGALAM NORTH, CHETTIKKULANGARA P.O, MAVELIKKARA, ALAPPUZHA - 690 106.** **BY ADVS. SRI.R.KRISHNA RAJ SRI.E.S.SONI KUMARI SANGEETHA S.NAIR SMT.RESMI A.** ## **RESPONDENTS:** |**1**|**THE TRAVANCORE DEVASWOM BOARD,**| |---|---| ||**DEVASWOM HEAD QUARTERS, NANDANCODE,**| ||**THIRUVANANTHAPURAM - 695 003,**| ||**REPRESENTED BY ITS SECRETARY.**| |**2**|**ASSISTANT DEVASWOM COMMISSIONER**| ||**DEVASWOM HEAD QUARTERS, NANDANCODE,**| ||**THIRUVANANTHAPURAM - 695 003.**| |**3**|**ADMINISTRATIVE OFFICER,**| ||**CHETTIKKULANGARA DEVI TEMPLE,**| ||**CHETTIKULANGARA P.O, MAVELIKARA,**| ||**KERALA - 690 106.**| 2 W.P.(C) No.10250 of 2022 - **4 SREE DEVI VILASOM HINDUMATHA CONVENTION TRUST, CHETTIKKULANGARA DEVI TEMPLE, CHETTIKULANAGARA P.O, MAVELIKARA, KERALA - 690 106, REPRESENTED BY ITS SECRETARY.** - **5* THE STATION HOUSE OFFICER, MAVELIKKARA POLICE STATION, THEKKEVILAYIL, THATTARAMBALAM, MAVELIKARA, PIN-690101.** - **6* THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA-688 001.** ***SUO-MOTU IMPLEADED AS ADDTITIONAL RESPONDENTS 5 AND 6 AS PER ORDER DATED 30/03/2022 IN WP(C) 10250/2022.** **BY ADVS.** **R1 TO 43 BY SRI G SANTHOSH KUMAR, STANDING COUNSEL, TDB R4 BY SRI.P.HARIDAS R4 BY SRI.BIJU HARIHARAN R4 BY SMT.SHIJIMOL M.MATHEW R4 BY SRI.P.C.SHIJIN R4 BY SRI.RISHIKESH HARIDAS ADDL.R5 & R6 BY SRI.S.RAJMOHAN- SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P.(C) No.10250 of 2022 ## **JUDGMENT** ## Anil K. Narendran, J **.** The petitioner, who is a resident of Chettikulangara and also a devotee and worshipper of Chettikulangara Devi Temple in Mavelikkara Taluk, which is under the management of the 1[st] respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to permit the devotees of Chettikulangara Devi Temple to offer ‘Kettukazhcha’ without any restriction on height during ‘Aswathy Festival’ which is scheduled to be held on 03.04.2022. Going by the averments in the Writ Petition, the grievance of the petitioner is that the 4[th] respondent Sree Devi Vilasom Hindumatha Convention Trust, which is the Temple Advisory Committee of Chettikulangara Devi Temple, imposed restriction on the height of ‘Kettukazhcha’ (chariot) to be dedicated by the devotees on 03.04.2022. As per that restriction the height of ‘Kettukazhcha’ shall be less than 20 feet. According to the petitioner, the above restriction imposed 4 W.P.(C) No.10250 of 2022 by the 4[th] respondent amounts to interference with the religious freedom of the petitioner. 2. On 25.03.2022, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board took notice on admission for respondents 1 to 3. Urgent notice on admission by Special Messenger was ordered to the 4[th] respondent, returnable by 30.03.2022. 3. On 30.03.2022, when this writ petition came up for consideration, the Station House Officer, Mavelikkara and also the District Collector, Alappuzha, were _suo motu_ impleaded as additional respondents 4 and 5. The learned Senior Government Pleader entered appearance for the additional respondents and sought time to get instructions. 4. The learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 1 to 3, opposing the relief sought for in this writ petition. The 4[th] respondent Sree Devi Vilasom Hindumatha Convention Trust has also filed a counter affidavit, raising similar contentions. 5 W.P.(C) No.10250 of 2022 5. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board, for respondents 1 to 3, the learned counsel for the 4[th] respondent and also the learned Senior Government Pleader for additional respondents 5 and 6. 6. In the statement filed on behalf of respondents 1 to 3 it is stated that, the main ‘Kettukazhcha’ at Chettikulangara Devi Temple is being conducted during ‘Kumbha Bharani’, which consists of 13 ‘Kettukazhchas’ (Chariots) representing 13 karas. Since proper space is available for each ‘Kettukazhcha’ it may not cause any inconvenience to the public or adversely affect their free movement. Moreover, cables are drawn underground. ‘Aswathy Kettukazhcha’ is an offering by the children, which is of recent origin. Now it is taken over by elderly people as a status symbol and sign of proudness. There is unhealthy competition among public to raise the height of ‘Kettukazhcha’ to the maximum extent possible. This unhealthy competition to raise the height of ‘Kettukazhcha’ is creating law and order issues and most often 6 W.P.(C) No.10250 of 2022 it results in wordy altercations between the public. Now ‘Kettukazhcha’ is being brought to Chettikulangara Devi Temple from far away places and as a result, electric cables are being removed and power supply is being interrupted for more than 24 hours, causing undue hardships to the public. Therefore, the demand made by the petitioner to increase the height of ‘Kettukazhcha’ cannot be entertained and it is high time that reasonable restrictions be imposed. Moreover, lakhs of rupees are being collected illegally in the name of ‘Kettukazhcha’, which has now become a method for illegal collection of funds outside the temple premises. In order to substantiate the said fact, Annexure R1(a) advertisement board erected on an electric post by ‘Deepadhara Yuvajana Samithi’ is produced along with the statement. The document marked as Annexure R1(b) is a letter dated 10.02.2022 of the Tantri addressed to the Secretary of the 4[th] respondent Sree Devi Vilasom Hindumatha Convention Trust, wherein it is stated that, ‘Aswathy Kettukazhcha’ is not a tantric ritual in Chettikulangara Devi Temple and reasonable restrictions will 7 W.P.(C) No.10250 of 2022 have to be imposed to restrict the height of ‘Kettukazhcha’. In the statement it is stated that, the Devaswom officials were informed by the Police that, action will be taken against them if the height of ‘Kettukazhcha’ is not restricted. ‘Aswathy Kettukazhcha’ is being conducted at ‘Kazhcha kandam’ where there is lack of space after the arrival of ‘Eduppu Kuthira’ (horse). Based on the request made by the 3[rd] respondent Administrative Officer, the 2[nd] respondent Assistant Devaswom Commissioner submitted a letter dated 31.03.2022 to the Circle Inspector of Police, Mavelikkara Police Station, to take adequate measures to maintain law and order and peaceful atmosphere in Chettikulangara Devi Temple during ‘Aswathy Kettukazhcha’. 7. In the counter affidavit filed by the 4[th] respondent Sree Devi Vilasom Hindumatha Convention Trust similar contentions are raised. Along with that counter affidavit the 4[th] respondent has produced the letter dated 10.02.2022 of the Tantri as Ext.R4(a). The document marked as Ext.R4(b) is a copy of the letter dated 31.03.2022 of the Executive 8 ## W.P.(C) No.10250 of 2022 Engineer, KSEB Electrical Division, Mavelikkara requiring the President of 4[th] respondent Trust to restrict the height of ‘Kettukazhcha’. The said letter reads thus; “മ�ൽവ�ഷയത�മ�ക� അങയ�ട� ശ�ദ കണ�ക�ന�. 03.04.2022 ൽ ന�ക�ന അ��ത� ഉതവത�ൽ വ�വ�ധ സ�ങള�ൽ ന�ന� വ ത സ ഉയരത���ളള ട"ട�"$ഴ&"ൾ അമ�ത�ൽ എത�മ*ര�മമ$ൾ ഉണ$"�ന വവദ �ത ത�സ/ ഇല$ത$ക�നത�ന� ന�പ��"ൾ വ"ടക$മളളണത$ണ�. വവദ �ത� വർക�"ള���ട� വവദ �ത വ�ന�"ൾ ന�ശ�ത സ$ൻമ7ർ7�ൽ ന�ർമ�*�ട�ളവയ$ണ�. ശപസ;�ത വ�ന�"ൾ അഴ�*��$റ�നത�/ ധ>ത�യ�ൽ പ�ന:സ$പ�ക�നത�/ അ��ക�� വവദ �ത ത�സ/ ഉണ$"�വ$ൻ "$രണ�$"�ന�. "?�$ടത പര�ക$"$��$യത�ന$��/ മവനൽ"$��$യത�ന$��/ ദ@ർഘമനര��ണ$"�ന വവദ �ത ത�സ/ പ�മB$ഴ�/ ടപ$ത�ജനങൾ മD$ർ7� ജ@വനക$ര��$യ� സ/ഘർഷത�ന��യ$ക�ന�. വവദ �ത� പ�നFസ$പ�ക�നത�ന� മവണ� സ�രകമപ$��/ മന$ക$ടത ശപവർത�മകണ� വര�"യ�/ അപ"�ത�ൽ "�$��ക�"യ�/ ടGയ�ന�. ആയത�ന$ൽ വവദ �ത ത�സ/ ഒഴ�വ$ക�നത�ന� മവണ� ന�ശ�ത ഉയരത���ള ട"ട�"$ഴ&"ൾ �$ശത/ അമ�ത�ൽ ശപമവ��ക$ൻ അന�വ$ദ/ നൽ"�നത�ന� മവണ ന�പ��"ൾ സ�@"ര�മകണത$ണ�. ശപസ;�ത ദ�വസ/ വവദ �ത വ�ന�"ൾ ഒന�/ തടന അഴ�*� �$റ�"മയ$ ഓഫ� ടGയ;� നൽ"�"മയ$ ടGയ�ല എന� അറ�യ�*� " ട"$ളള�ന� . 8. The pleadings and materials on record would show that 'Aswathy Kettukazhcha' in Chettikulangara Devi Temple is an offering by the children, which is of recent origin. It is now 9 W.P.(C) No.10250 of 2022 taken over by elderly people as a status symbol and sign of proudness. There is unhealthy competition among the public to raise the height of 'Kettukazhcha' to the maximum extent possible. Organisations which have absolutely no connection with Chettikulangara Devi Temple are erecting advertisement boards in order to collect money from general public, in connection with 'Kettukazhcha'. The unhealthy competition to raise the height of 'Kettukazhcha' is creating law and order issues and most often result in wordy altercations between the public. A reading of Annexure R1(b) letter dated 10.02.2022 of the Tantri, which is addressed to the Secretary of the 4[th] respondent Sree Devi Vilasom Hindumatha Convention Trust, would make it explicitly clear that 'Aswathy Kettukazhcha ' is not a tantric ritual in Chettikulangara Devi Temple. As can be seen from Ext.R4(b) letter dated 31.03.2022 of the Executive Engineer, KSEB Electrical Division, Mavelikkara, unhealthy competition to raise the height of 'Kettukazhcha' is creating various issues resulting interruptions in power supply. 10 W.P.(C) No.10250 of 2022 9. In the main 'Kettukazhcha' at Chettikulangara Devi Temple, which is being conducted during Kumba Bharani, only 13 'kettukazhchas' (chariots) representing 13 karas are brought to the Temple. Since proper space is available for each 'Kettukazhcha', it is not causing any inconvenience to the public or adversely affect their free movement. No interruptions to power supply occur in connection with the main 'Kettukazhcha', during Kumba Bharani, since cables are drawn underground. However, in connection with 'Aswathy Kettukazhcha', Kettukazhcha (chariots) of different heights are brought to Chettikulangara Devi Temple from different places, as a result of which electric lines drawn across the public road at various places will have to be removed, resulting interruption in power supply. In Annexure R4(b) letter, the concerned Executive Engineer has stated various technical and safety issues in connection with such activities, resulting interruption of power supply up to 24 hours. There is also public protest on account of such interruption in power supply. Any interruption in power supply during summer 11 W.P.(C) No.10250 of 2022 season, especially when the students are preparing for examinations, will lead to protest from public against the employees of KSEB. Therefore, in Ext.R4(b) letter dated 31.03.2022, the Executive engineer has informed the President of the 4[th] respondent Trust that, on 03.04.2022, in connection with 'Aswathy Kettukazhcha' the Board will not switch off the power supply or remove electric lines, for the passage of 'Kettukazhcha' above the specified height. 10. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, we find no reason to interfere with the restriction imposed on the height of 'Kettukazhcha' (chariot) brought to Chettikulangara Devi Temple in connection with 'Aswathy Festival', which is scheduled to be held on 03.04.2022, by restricting the height of 'Kettukazhcha' less than 20 feet, which cannot be said to be a restriction interfering with the religious freedom of the petitioner as contended in this writ petition. Therefore, the petitioner is not entitled to the relief sought for in this writ petition. 12 W.P.(C) No.10250 of 2022 11. The learned Senior Government Pleader, on instructions from the additional 5[th] respondent Station House Officer, would submit that the police has already taken steps to ensure that there is no law and order issues during the 'Aswathy Kettukazhcha', which is scheduled to be held on 03.04.2022. 12. In **C.S.S. Motor Service v. Madras State [AIR 1953 Madras 279]** a Division Bench of the Madras High Court held that all public streets and roads vest in the State, but that the State holds them as trustee on behalf of the public. The members of the public are entitled as beneficiaries to use them as a matter of right and this right is limited only by the similar rights possessed by every other citizen to use the pathways. The State as trustees on behalf of the public is entitled to impose all such limitations on the character and extent of the user as may be requisite for protecting the rights of the public generally. In **Saghir Ahmad v. State of U.P. and others [AIR 1954 SC 728]** a Constitution Bench of the Apex Court agreed with the statement of law made by 13 W.P.(C) No.10250 of 2022 the Division Bench of the Madras High Court in Para.24 of the decision in **C.S.S. Motor Service** . 13. In **Sodan Singh v. New Delhi Municipal Committee [(1989) 4 SCC 155]** a Constitution Bench of the Apex Court held that the primary object of building roads is undoubtedly to facilitate people to travel from one point to another. 14. In **Satheesh v. Travancore Devaswom Board and others [2022 (1) KLT 940 (DB)]** this Court held that, once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for holding campaigns, demonstrations, etc., by political parties and other organisations, by causing obstructions to free movement of pedestrians. No political 14 W.P.(C) No.10250 of 2022 party or organisation can be permitted to encroach footpath or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. The service roads provided on the side of National Highway and bypass constructed as per the Manual of Specifications and Standards prescribed by the Indian Roads Congress in IRC:SP:73-2007 or IRC:SP:84-2009 cannot be converted as a parking space for commercial or other establishments, religious institutions, etc., or even for putting up temporary structures in connection with festivals in temples, churches, mosques, etc. or in connection with any protest by any political parties or for putting up temporary structures as resting place for headload workers, etc., or for putting up bus shelters by political parties or by any other organisations. Such service roads are for vehicular traffic, which has to be maintained as such, in conformity with the relevant standards prescribed by the 15 W.P.(C) No.10250 of 2022 Indian Roads Congress. The State holds public roads as a trustee on behalf of the public. By permitting encroachments on public roads by way of temporary structures on the right of way or on the pavements or on the pedestrian facilities provided on such roads, on political considerations or otherwise, the State Government or the concerned Local Self Government Institution is committing breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act, 1988. 15. Therefore, respondents 1 to 4 and also additional respondents 5 and 6 shall take necessary steps to ensure that the movement of 'Kettukazhcha' (chariot) during 'Aswathy Kettukazhcha' in Chettikulangara Devi Temple scheduled to be held on 03.04.2022, is causing only least inconvenience to general public and not obstructing movement of vehicular traffic through public roads. The police shall ensure that there is no obstruction whatsoever to movement of emergency 16 W.P.(C) No.10250 of 2022 vehicles and the additional 5[th] respondent Station House Officer shall take necessary steps to ensure that there is no law and order issues in connection with 'Aswathy Kettukazhcha', which is scheduled to be held on 03.04.2022. In the result, this writ petition fails and the same is accordingly dismissed; however subject to the directions contained hereinbefore at para 15. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** dkr 17 W.P.(C) No.10250 of 2022 ## **APPENDIX OF WP(C) 10250/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL NOTICE DATED NIL** **Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ADMINISTRATIVE OFFICER, CHETTIKULANGARA DEVI TEMPLE DATED 18-03-2022** - **Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD DATED 18-03-2022** - **Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE PRESIDENT/ SECRETARY OF SREEDEVI VILASAM HINDUMATHA CONVENTION TRUST DATED 18-03-2022.** ## **RESPONDENT EXHIBITS** - **EXHIBIT R4(A) TRUE COPY OF THE LETTER OF THE THANTRI TO THE SECRETARY OF THE 4TH RESPONDENT CONVENTION DATED 10.02.2022.** - **EXHIBIT R4(B) TRUE COPY OF THE LETTER OF THE EXECUTIVE ENGINEER, KSEB DIVISION, MAVELIKARA TO THE PRESENT OF THE 4TH RESPONDENT CONVENTION DATED 31.03.2022.** - **ANNEXURE R1(A) ADVERTISEMENT BOARD INVITING DONATIONS ERECTED ON AN ELECTRIC POST.** - **ANNEXURE R1(B) LETTER DATED 10.02.2022 OBTAINED BY THE 4TH RESPONDENT FROM THE THANTRI.**