B. RADHAKRISHNA MENON and V. SREEKUMAR v. Travancore Devaswom Board and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **&** ## **THE HONOURABLE MR.JUSTICE N.ANIL KUMAR** **MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940** **WP(C).No. 38128 of 2018** ## **PETITIONER/S:** - **1 B.RADHAKRISHNA MENON AGED 54 YEARS S/O.M.S.BHASKARA MENON, SREENIKETAN, THRIKODITHANAM P.O., CHENGANASSERY, KOTTAYAM-686 105.** - **2 V.SREEKUMAR S/O.M.VASUDEVAN NAIR, KONGARETTU HOUSE, MATHILBHAGOM, THIRUVALLA, PATHANAMTHITTA - 689 101.** **BY ADV. SRI.S.SUBHASH CHAND** ## **RESPONDENT/S:** - **1 TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.** - **2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, OFFICE OF THE DEVASWOM COMMISSIONER, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.** - **3 THE EXECUTIVE OFFICER SABARIMALA DEVASWOM/SABARIMALA SREE DHARMASASTHA TEMPLE, SABRIMALA, PATHANAMTHITTA - 689 645.** - **4 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **5 THE SECRETARY TO GOVERNMENT DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** W.P(C) No.38128/18 2 - **6 THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **7 THE DISTRICT COLLECTOR/THE DISTRICT MAGISTRATE COLLECTORATE, PATHANAMTHITTA - 689 645.** **8 THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN EAST FORT, THIRUVANANTHAPURAM , KERALA - 695 014, REPRESENTED BY ITS MANAGING DIRECTOR.** - **9 ADDL. R9** **UNION OF INDIA, REPRESENTED BY SECRETARY TO MINISTRY OF CULTURE, SHASTRI BHAVAN C WING, NEW DELHI - 110015.** **IS IMPLEADED AS PER ORDER DATED 19.12.2018 IN I.A.NO. 02/2018 IN W.P.(C) 38128/2018.** **BY ADVS.** SRI.SUVIN R.MENON, CGC **SRI.S.RAJMOHAN, SC, TDB SRI.K.SASIKUMAR, SC TDB SRI.C.P.SUDHAKARA PRASAD,ADVOCATE GENERAL SRI.M.GOPIKRISHNAN NAMBIARSC, KSRTC SMT.K.PARVATHY SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH (SR.) SRI.P.NARAYANAN, SENIOR GOVT. PLEADER SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER SRI.V.MANU, SENIOR GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) No.38128/18 3 ## **JUDGMENT** ## **P.R.Ramachandra Menon, J.** This writ petition has been filed with the following prayers: i. To issue a writ in the nature of mandamus or any other writ or order directing respondent Nos.1, 2 and 3 to see that the statutory duties covered by Sections 15A, 24 and 31 of the Travancore Cochin Hindu Religious Institutions Act, 1950 are effectively discharged at Sabarimala Shrine in accordance with law, within such time as this Hon'ble Court may deem fit and proper in the interest of justice. ii. To issue a writ in the nature of mandamus or any other writ or order directing respondent Nos.1 to 8 to refrain from imposing any restrictions upon the petitioners from travelling by taking their own vehicles from Nilackal to Pampa, park the same at Pampa and return to Nilackal in those vehicles during the course of Sabarimala pilgrimage, 2018-19. iii. To issue a writ in the nature of mandamus or any other writ or order directing respondents 1 to 7 to refrain from imposing any time limit upon the petitioners in the matter of conducting Sabarimala pilgrimage including the time limit of 6 hours for commencing and concluding the same from Pampa to Sannidhanam and from Sannidhanam to Pampa which is an W.P(C) No.38128/18 4 illegal interference to the observance of essential religious practices pertaining to Sabarimala Sree Ayyappa temple worship system. iv. To issue a writ in the nature of mandamus or any other writ or order directing respondent Nos.1 to 7 from imposing any restrictions upon the petitioners in the matter of holding 'Namakshari Mantra Japam' (Swamiye Saranam Ayyappa) at Sannidhanam of Sabarimala Sree Ayyappa temple including Nadapanthal and the temple precincts. v. To issue a declaration that respondent Nos.1 to 8 are not at all entitled in law to impose unreasonable restrictions in the matter of travelling from Nilackal to Pampa and ascending/descending Neelimala, conducting Navaksharimantra japam and performing religious practices such as Neyyabhishekam at Sabarimala shrine and such restrictions presently being imposed are constitutionally impermissible and a direct infringement of the fundamental rights guaranteed to the petitioners under Articles 14, 19, 21 and 25 of the Constitution of India. vi. To issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondent Nos.1 to 7 to refrain from imposing any restriction, prohibitory order, norms or guidelines or directives upon devotees at large pertaining to performance of religious or secular activities at Sabarimala shrine, W.P(C) No.38128/18 5 without the prior sanction of this Hon'ble Court, within such time s this Hon'ble Court may deem fit and proper in the interest of justice. 2. Heard Sri.Subhash Chand, the learned counsel for the petitioners, Sri.C.P.Sudhakara Prasad, the learned Advocate General appearing on behalf of the 1[st] respondent and also Mr. Raj Mohan, the learned Standing Counsel appearing for the 1[st] respondent Devaswom. **==> picture [410 x 12] intentionally omitted <==** petitioners is with regard to the interference in the administration of the Travancore Devaswom Board by the Government and the police. Prayer is there, also not to restrict entry of the petitioners or to limit the time of worship, virtually affecting the fundamental rights enjoyed by the petitioners under the various provisions of the Constitution of India. 4. It is seen from the proceedings that, this Court had passed various interim orders at different points of time, clubbing the above writ petition along with other connected matters which were pending consideration. We passed a detailed W.P(C) No.38128/18 6 order on 27.11.2018, taking note of the need of the hour and appointing a Team of Observers consisting of the Hon'ble Mr.Justice P.R. Raman, Hon'ble Mr.Justice S. Siri Jagan, (two former Judges of this Court) and Sri.A.Hemachandran IPS, the DGP and had given appropriate directions. Another order was passed by this Court on 12.02.2018 so as to deal with the aspects mentioned therein. This was followed by the orders passed on 19.12.2018 and 03.01.2019. 5. On conclusion of the 'Mandalam Makaravilakku' festival, final report has been submitted by the Team of Observers (Report No.4). A copy of the said report has already been caused to be served to the parties concerned. The further course of action with regard to the various aspects mentioned therein can be taken care of separately in SSCRs 22 & 23/2018, which are pending. Considering the nature of grievance projected in this writ petition, we find that, by virtue of the W.P(C) No.38128/18 7 interference made by this Court and the interim orders passed at different points of time, the grievance stands substantially redressed and no further orders are necessary. In the said circumstance, the present writ petition stands closed. _**Sd/-**_ **P.R. RAMACHANDRA MENON Judge** _**Sd/-**_ **N. ANIL KUMAR Judge** _okb_ _//True copy// P.S. to Judge_ W.P(C) No.38128/18 8 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 20/11/2018.** **EXHIBIT P1 A** **TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 18.11.2018.** **EXHIBIT P1 B TRUE COPY OF THE NEWS ITEM PUBLISHED IN JANMABHOOMI DAILY DATED 18/11/2018. EXHIBIT P1 C TRUE COPY OF THE NEWS ITEM PUBLISHED IN TIMES OF INDIA DATED 21/11/2018.** **EXHIBIT P2 TRUE COPY OF THE FORM OF NOTICE BEING ISSUED BY THE STATION HOUSE OFFICERS OF SANNIDHANAM, PAMPA AND NILACKAL.** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 19/11/2018 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENT NOS.1 AND 4.**