Chandrasekharan Nair v District Collector, Alappuzha; District Police Chief, Alappuzha; Deputy Superintendent of Police, Alappuzha; Station House Officer, Alappuzha North Police Station; The Takkan Pazhani Sree Subrahmanya Swamy Temple Devaswom, represented by its Secretary; Velukuth Samrakshana Bhakta Jana Sangham, Avalookunnu P.O., Alappuzha District, represented by its Secretary Sumith M.S.; Sumith M.S.; Rahul B.; Manikuttan; Vinod (W.P.(C).Nos.477/23 & 1600/23)

W.P.(C).Nos.477/23 & 1600/23 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 23[RD] DAY OF JANUARY 2023 / 3RD MAGHA, 1944** ## **WP(C) NO. 477 OF 2023** ## **PETITIONER:** CHANDRASEKHARAN NAIR, AGED 60 YEARS S/O. KUTTAN PILLAI, KIZHAKKEKOOTTU, PARAVOOR, ALAPPUZHA, PIN - 688003 BY ADV B.PRAMOD ## **RESPONDENTS:** |1|THE DISTRICT COLLECTOR,| |---|---| ||1ST FLOOR, COLLECTORATE,| ||ALAPPUZHA DISTRICT, PIN - 688001| |2|THE DISTRICT POLICE CHIEF,| ||CIVIL STATION WARD,| ||ALAPPUZHA DISTRICT, PIN - 688012| |3|THE DEPUTY SUPERINTENDENT OF POLICE,| ||DY SP OFFICE, ALAPPUZHA DISTRICT, PIN - 688012| |4|THE STATION HOUSE OFFICER,| ||ALAPPUZHA NORTH POLICE STATION,| ||ALAPPUZHA DISTRICT, PIN - 688001| |5|TKEKKAN PAZHANI SREE SUBRAHMANYA SWAMY TEMPLE| ||DEVASWOM| ||SOUTH ARYAD, AVALOOKKUNNU P.O,| ||ALAPPZUZHA DISTRICT| ||REPRESENTED BY ITS SECRETARY, PIN - 688006| W.P.(C).Nos.477/23 & 1600/23 2 6 VELUKUTH SAMRAKSHANA BHAKTHA JANA SANGHAM, AVALOOKUNNU P.O., ALAPPZUZHA DISTRICT, REPRESENTED BY ITS SECRETARY SUMITH M.S, PIN - 688006 7 SUMITH M.S., MUPPATHU VELI, PATHIRAPALLY P.O., ALAPPUZHA ALAPPUZHA DISTRICT, PIN - 688521 8 RAHUL B., VAZHITHALAYKKAL, AVALOOKUNNU P.O., ALAPPZUZHA DISTRICT, PIN - 688006 9 MANIKUTTAN, CHERUKULATH KAMBIYIL, AVALOOKUNNU P.O., ALAPPZUZHA DISTRICT, PIN - 688006 10 VINOD, PULATHARAVELI, KALATH WARD, AVALOOKUNNU P.O., ALAPPZUZHA DISTRICT, PIN - 688006 BY ADVS. L.RAM MOHAN LILADHARAN RESMI A. R.KRISHNA RAJ(K/975/1989) R.PRATHEESH (ARANMULA)(K/97/2013) E.S.SONI(K/304/2012) KUMARI SANGEETHA S.NAIR(K/001617/2000) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON 23.01.2023 DELIVERED THE FOLLOWING: W.P.(C).Nos.477/23 & 1600/23 3 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = =** ## **W.P.(c).No.477 of 2023** **= = = = = = = = = = = = = = = = Dated this the 23[rd] day of January, 2023** ## **JUDGMENT** ## 1.This writ petition is filed with the following relief:- “Issue a writ of mandamus or any other appropriate writ or order directing the respondents 2 to 4 to give adequate police protection for the smooth conduct of the festival in the “Thekkan Pazhani Sree Subrahmanya Swamy Temple”, South Aryad, Alappuzha scheduled to be conducted from 27.1.2023 to 5.2.2023, especially for the Kavady Ghosha Yathra on the Arattu day, (5.2.2023), by ensuring that 'Velukuth' is not performed by respondents 6 to 10 or any other person under them in and around the temple premises. “ - 2.Heard the learned counsel for the petitioner, the learned counsel appearing for the 5[th] respondent temple and respondents 6 to 10 and the learned Government Pleader. - 3.The petitioner claims to be a devotee of Thekkan Palani Sree Subrahmanya Swamy Temple. It is contended by the learned counsel for the petitioner that velukuth is a barbaric ritual where a steel rod with a spike at one end pierced through W.P.(C).Nos.477/23 & 1600/23 4 cheek and tongue of the devotees, including children. It is submitted that several persons have been practicing this ritual, which is inhuman and barbaric, in connection with the Thaipooyam festival in the 5[th] respondent temple. It is stated that procession would start from the Kidangamparambu temple, but since blood was considered as an impurity, the authorities of the said temple had denied permission to commence the velukuth procession from the said temple premises. Thereafter, the procession starts outside the Kidangamparambu temple and proceeds towards the 5[th] respondent temple along with the Kavadi goshayathra. It is submitted that Exhibit P2 letter was issued by the District Collector to the Secretary of the 5[th] respondent's Managing Committee on 24.11.2021, stating that velukuth should not be conducted during the temple festival, in view of the Covid protocol. For the present year, it is stated that the general body of the Devaswom conducted a meeting on 11.12.2022 and decided, based on Exhibit P4 letter of the Thantri of the temple, not to conduct the velukuth ritual in connection with the temple festival. The Devaswom Executive Committee, by W.P.(C).Nos.477/23 & 1600/23 5 Exhibit P5 also decided not to permit such barbaric observances during the festival. It is submitted that the notice issued for the temple festival in this year also would clearly show that the observances will not be conducted in this year. It is submitted by the learned counsel for the petitioner that respondents 6 to 10 intend to violate the directions issued by the District Collector and the Executive Committee and are proposing to conduct the said ritual in this year's festival also. It is, therefore, contended that police protection is liable to be granted for the peaceful conduct of the festival as proposed by the temple authorities. - 4.A detailed counter affidavit has been placed on record by respondents 6 to 10 primarily contending that the petitioner has no locus standi to file this writ petition and the 5[th] respondent has not approached this Court for any relief for the reason that the term of office of the committee has already expired in October, 2021. The bye laws of the 5[th] respondent are produced in support of this contention. It is stated that hundreds of devotees are participating in the velukuth ritual W.P.(C).Nos.477/23 & 1600/23 6 performed as a dedication to Lord Subramania and that the petitioner and the members of the 5[th] respondent, who are allegedly members of the Communist Party of India (Marxist) are atheists and therefore they have no right to raise contentions with regard to ritual observances which are an integral part of the Thaipooyam festival of the temple, which has been conducted from time immemorial. It is contended that the letter of the Thantri only says that velukuth is not included in the Kshethra Padithara Vyavastha and that the said vazhipadu is not permitted in the temple. It is stated that when the respondents had contacted the Thantri, he had informed that he issued such a letter only because of the pressure extended on him by the Committee members of the 5[th] respondent and he was threatened that if he did not issue such a letter, he would be removed from the post of Thantri. 5. Notices in respect of the rituals in the year 2004, 2017 ,2018, 2019 and 2020 are produced as Exhibits R6(f) to R6(j) and it is contended that the velukuth ritual was being performed as a part of the festival from 2004 onwards till 2020. The letter W.P.(C).Nos.477/23 & 1600/23 7 dated 13.12.2020 of the Thantri is also produced by the respondents. It is contended that the ritual being a part of the religious belief of respondents 6 to 10 and several other devotees of the temple, there can be no prohibition against the conduct of the said ritual and no police protection can be granted at the instance of the petitioner, who has no locus standi to seek the same. Discrepancies in the dates borne by Exhibits P3 and P5 are pointed out and it is contended that the general body was attended by only 54 members and it was not a properly constituted general body with proper notice to all members. It is submitted that W.P.(C).No.1600/2023 is filed by the Bhakthajana Samrakshana Sangam seeking police protection to conduct the velukuth as also direction to the District Judge, Alappuzha to consider and take action on Exhibit P13 petition filed by the petitioner as permitted by the Apex Court in W.P.(C).No. 649 of 2018 in its order dated 5.7.2018. 6.The learned counsel for the 5[th] respondent submits that the 5[th] respondent is in management of the affairs of the temple and 8 ## W.P.(C).Nos.477/23 & 1600/23 has been empowered by the General body to continue until elections are held in accordance with the bye laws. It is submitted that only due the pandemic situation prevalent that the elections could not be conducted in time and the festival is being conducted in accordance with the decision of the General body and after ascertaining the wishes of worshipers and devotees of the temple. It is asserted that the General body has decided that the barbaric custom of velukuthu should not be performed in connection with the temple festival in the current year. - 7.The learned counsel for the petitioner places reliance on the order of the Apex Court dated 16.11.2021 in **Srivari Daadaa vs. Tirumala Tirupati Devasthanams** to contend that conduct of rituals are matters which fall within the domain of the religious authorities and the administration of the temple and cannot be a matter for adjudication by courts and an order of the Madurai Bench of Madras High Court dated 6.2.2019 in **Appicode Arulmigu Sri Bathreswari Amman Thirukovil v. the Superintendent of Police and others** to contend that W.P.(C).Nos.477/23 & 1600/23 9 faith based rituals cannot claim any perpetual status and that perspectives can change with changing times. 8.The learned Government Pleader would submit that on a complaint submitted by the petitioner, the SHO had made enquiries with the members of the temple committee as also the residents of the locality and that it has been ascertained that the majority of the devotees and worshipers of the temple do not support the conduct of a barbaric ritual like velukuth during the festival. 9.I have considered the contentions advanced on either side at considerable length. The petitioner contends that he is a devotee of the temple. The prayer sought for is for a direction to comply with the decisions of the Executive Committee of the temple as well as the Thantri not to hold velukuthu in connection with the temple festival in the current year. The scope of this writ petition being extremely limited, the questions of faith and belief cannot be considered by this Court. It is an admitted fact that the present committee of the W.P.(C).Nos.477/23 & 1600/23 10 5[th] respondent is conducting the festival in the current year. The notices produced by the parties is evidence of that fact. That a general body was convened and that a decision was taken to conduct the festival excluding the practice of velukuth is also admitted. If respondents 6 to 10 are aggrieved by the said decision, they can challenge the same. However, their existence cannot be ignored. 10.The concept of religious rituals are matters to be considered by the concerned authorities taking note of the changing realities and perceptions of the general public as well. All rituals which are being performed for several years, cannot, by that reason alone, be found to be liable to be conducted in changed times also and it is for the authorities empowered to consider the legality and necessity for continuing such practices to decide whether such rituals need to be continued in future as well. It is pertinent to note that several such practices are being given up due to the efflux of time and change in circumstances. W.P.(C).Nos.477/23 & 1600/23 11 11.In the instant case, from the materials placed on record, the Thantri of the temple, where the festival is being conducted states that velukuthu is not a part of the rituals of the said temple and that the ritual cannot be conducted in the temple. The 5[th] respondent, which is admittedly responsible for the conduct of the festival in the current year, has also specifically stated in the notice issued by it that velukuthu is not being conducted in connection with the festival in the current year. 12.In the above factual situation, I fail to see how respondents 6 to 10 can claim that they have the right to conduct the ritual in connection with the festival even in the light of the letter of the Thantri saying that such ritual does not form the part of the rituals connected with the temple. There are several allegations and counter allegations raised by the petitioner in the writ petition and the respondents against each other. However, in view of the fact that the 5[th] respondent, who has admittedly been conducting the festival of the temple, supports the contentions raised by the petitioner and in view of the fact that the learned Government Pleader submits on 12 W.P.(C).Nos.477/23 & 1600/23 instructions from the S.H.O that on a complaint submitted by the petitioner, an enquiry was conducted and it was revealed that the majority of the persons in the locality and the devotees of the temple are in support of conduct of the festival without the ritual of velukuth, I am of the opinion that the prayer sought for is liable to be granted. 13.There will, accordingly, be a direction to respondents 2 to 4 to afford adequate protection to the 5[th] respondent to conduct the temple festival in accordance with its decision and to enforce the decision taken by it not to conduct velukuth and to afford necessary protection from any illegal obstructions of breach of peace by respondents 6 to 10 or anybody claiming through them. sd/- **Anu Sivaraman, Judge** sj W.P.(C).Nos.477/23 & 1600/23 13 ## **APPENDIX OF WP(C) 477/2023** PETITIONER EXHIBITS Exhibit P1 PHOTOGRAPHS OF THE PEOPLE WITH STEEL ROADS PIERCED THROUGH THEIR BODY WHILE PERFORMED THE 'VELKUTH' IN THE YEAR 2020 Exhibit P2 TRUE COPY OF THE LETTER DATED 24.11.2021 ISSUED BY THE 1ST RESPONDENT TO THE SECRETARY OF THE 5TH RESPONDENT MANAGING COMMITTEE DECLINING PERMISSION FOR THE 'VELKUTHU' Exhibit P3 TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 11.11.2022 IN WHICH SAID DECISION RECORDED Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY JAYA MURALEEDHARAN THANTHRI, THE THANTHRI OF THE SAID TEMPLE INDICTING HIS OPINION AGAINST THE CONDUCT OF 'VELKUTH' Exhibit P5 TRUE COPY MINUTES OF THE DEVSWOM COMMITTEE MEETING CONVENED ON 14.12.2022 REFLECTING THE DECISION AGAINST THE 'VELKUTHU' Exhibit P6 TRUE COPY OF THE NOTICE DATED 16.12.2022 PUBLISHED BY THE 5TH RESPONDENT Exhibit P7 TRUE COPY OF THE PETITION DATED 26.12.2012 SUBMITTED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE PETITION DATED 02.01.2023 SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT W.P.(C).Nos.477/23 & 1600/23 14 Exhibit P9 TRUE COPY OF THE PETITION DATED 02.01.2023 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE PETITION DATED 02.01.2023 SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT - Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENT DATED 02.01.2023 ISSUED BY THE 2ND RESPONDENT - Exhibit P12 TRUE COPY OF THE ACKNOWLEDGMENT DATED 02.01.2023 ISSUED BY THE 3RD RESPONDENT - Exhibit P13 TRUE COPY OF THE ACKNOWLEDGMENT DATED 02.01.2023 ISSUED BY THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R6(a) True copy of the bye- law dated Nil - Exhibit R6(b) True copy of the minutes of the Devaswom Committee convened on 14.12.2022 Exhibit R6(c) True copy of the application submitted under the RTI Act dated 28.10.2022 - Exhibit R6(e) True copy of the letter issued by the 1st respondent to the Secretary of the 5th respondent dated 24.11.2021 Exhibit R6(f) True Copy of the notice of the festival of the year 2004 dated nil Exhibit R6(g) True Copy of the notice of the festival of the year 2017 dated nil Exhibit R6(h) ). True Copy of the notice of the festival of the year 2018 dated nil W.P.(C).Nos.477/23 & 1600/23 15 Exhibit R6(i) True copy of the notice of the festival of the year 2019 dated nil Exhibit R6(j) True Copy of the notice of the festival of the year 2020 dated nil PETITIONER EXHIBITS Exhibit P14 TRUE COPY OF THE CIRCULAR DATED 15-012014 ISSUED BY THE TRAVANCORE DEVASWAM BOARD REGARDING THE CONDUCT OF THAYPOOYA FESTIVAL. RESPONDENT EXHIBITS Exhibit R6(k) True copy of the letter issued by Jayathulaseedharan Thanthri, the thanthri of the said temple dated 13.12.2022 Exhibit R6(d) True copy of the reply given by the Travancore Devaswom Board dated 17.12.2022 True copy PS to Judge