COCHIN DEVASWOM BOARD - THRIPUNITHURA DEVASWOM - MATTER

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` TUESDAY, THE 19[TH] DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 ``` ## **`DBP NO.134 OF 2023`** ``` COCHIN DEVASWOM BOARD - THRIPUNITHURA DEVASWOM - MATTER ``` ``` PERTAINING TO AARATTU FESTIVAL IN SREE POORNATHRAYEESA TEMPLE ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001`** ``` 2ASSISTANT COMMISSIONER (**CORRECTED) OFFICE OF THE ASSISTANT COMMISSIONER, THRIKKAKARA, KAKKANAD, KOCHI 682 021 ``` ``` **THE DESCRIPTION OF THE 2[ND] RESPONDENT IS SUO MOTU CORRECTED AS THE "ASSISTANT COMMISSIONER OF POLICE" INSTEAD OF "ASSISTANT COMMISSIONER" VIDE ORDER DATED 20.12.2023 IN DBP.NO.134 OF 2023 ``` ``` 3STATION HOUSE OFFICER HILL PALACE POLICE STATION, IRUMPANAM, THRIPUNITHURA, ERNAKULAM 682 301 ``` ``` 4COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, ROUND NORTH, THRISSUR 680 001 ``` - **`5 SPECIAL COMMISSIONER COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR 680 001`** 2 DBP No.134 of 2023 ``` 6ASSISTANT COMMISSIONER COCHIN DEVASWOM BOARD, THRIPUNITHURA GROUP, THRIPUNITHURA 682 301 ``` - **`7 DEVASWOM MANAGER`** ``` THRIPUNITHURA POORNATHRAYEESA TEMPLE, THRIPUNITHURA DEVASWOM, THRIPUNITHURA 682 301 ``` ``` 8TEMPLE ADVISORY COMMITTEE SREE POORNATHRAYEESA TEMPLE, THRIPUNITHURA 682 301, REPRESENTED BY ITS SECRETARY ``` - **`*ADDL.R9 THRIPPUNITHURA MUNICIPALITY`** ``` LAYAM ROAD, THRIPPUNITHURA, PIN 682 301, REPRESENTED BY ITS SECRETARY ``` ``` *ADDL.R9 IS SUO MOTU IMPLEADED AS ADDITIONAL 9[TH] RESPONDENT VIDE ORDER DATED 20.12.2023 IN DBP NO.134 OF 2023 ``` ``` BY ADVS. ``` ``` R.K. MURALEEDHARAN SRI.K.P. SUDHEER – SC SRI.S. RAJ MOHAN – SR.GP SRI.ACHYUTH KAILAS – ADV.COMMISSIONER SHRI.C.V. MANUVILSAN, SC, TRIPUNITHURA MUNICIPALITY ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No.134 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered _suo motu_ , vide proceedings dated 19.12.2023, based on a complaint addressed to the Registrar General of this Court, by a devotee of Sree Poornathrayeesa Temple, Tripunithura regarding non-compliance of the order of this Court dated 16.12.2023 in DBP No.133 of 2023 with respect to the live telecast of Aarattu festival on 16.12.2023 in that temple. The complainant has also produced a pen drive containing the video of that live telecast. 2. On 20.12.2023, when this matter came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Cochin Devaswom Board sought time to get instructions. The learned Advocate Commissioner was directed to file a report regarding the conduct of annual festival (Vrichikolsavam) of 1199 ME in Sree Poornathrayeesa Temple, Thripunithura, with specific reference to the incident that happened on 16.12.2023. 3. The learned Advocate Commissioner has filed a report dated 24.01.2024 in the connected DBP, i.e., DBP No.11 of 2022, with specific reference to the incident that happened on 16.12.2023. Paragraphs 2 to 4 of that report read thus: 4 DBP No.134 of 2023 “2. It is respectfully submitted that the annual festival in the year 2023 is conducted from 09.12.2023 to 16.12.2023. The uniqueness of Vrichikolsavam is in its constant, diverse and harmonious conduct of festival 24 hours a day and eight days a year. It is an admirable fact that the festival has so been codified that various art forms, processions of 15 elephants and Tantric pujas all take place simultaneously without hindering one another and culminates after the Aarattu on the final day. Undoubtedly, the festival records footfalls of thousands of people every day. 3. It is respectfully submitted that the 4[th] day of every annual festival is Thrikketta. This year Thrikketta fell on 12.12.2023. On Thrikketta, after the Pradikshinam in the evening a golden pot is kept in front of the Ezhunnallip. Thereafter, pursuant to the first Kannikka being offered by the senior member of the royal family other devotees are permitted to make offerings in the golden pot(s) before the lord. Every year there is a huge turnout of thousands upon thousands of people to make the offerings. The said offerings continue every day till the last date of the festival. Over the years different approaches have been taken by different authorities/advisory committees who have conducted the festival so as to effectively manage the huge system regulating people coming into the temple, making offerings in the golden pot and exiting or staying inside the temple. This year the cue was effectively managed by placing the queue outside the temple and allowing the entrance of the devotees who wanted to make offerings through the front portion (one of the side gates in the front) of the temple. Once 5 DBP No.134 of 2023 the offering was made, the devotees could easily proceed to the other parts of the temple without causing an unnecessarily crowded atmosphere within the temple. The true copy of a photograph of the temple obtained from the internet is produced herewith and marked as Exhibit C-1. However, though the crowd inside the temple was manageable the devotees in the queue outside had a difficult situation as they had to stand in narrow crowded lines for hours. There were no separate queue for women and the elderly. The true copies of the photographs of the roads in front of the temple are produced herewith and marked as Exhibit C-2. The main reason for the congested queue could be attributed to numerous small-scale vendors being permitted to sell goods along this narrow park as seen in Ext. C-2. If such vendors are removed from the area immediately near the temple it would create so much more space for devotees and it could also help in providing timely medical assistance or refreshments such as glucose for people in the queue. However, it is also to be noted that every year the queue system is planned in a meeting of police authorities, revenue authorities, authorities from the Municipality along with representatives of any other statutory bodies. 4. It is respectfully submitted that with reference to the occurrence of the events of 16.12.2023, I had communicated the order of this Hon'ble Court to the Devaswom officer and he had sent me the YouTube link of the events of that day which were published in social media. YouTube link is as such https://www.youtube.com/live/- GbRhzY2H9Y?si=vemAP6ccAo8oqV f. 6 DBP No.134 of 2023 In the said video during the aarattu events leading up to the pooja in the Kadavu is shown. However, the immersion of the idol in the water is not displayed. This Hon'ble Court may find the said clippings in 4 hours 12 minutes of the said video.” 4. The 8[th] respondent Temple Advisory Committee has also filed an affidavit dated 03.02.2024. Paragraphs 2 to 5 of that affidavit read thus: “2. The present Temple Advisory Committee has been functioning from 2020 onwards and the live telecast of the Vrichikolsavam festival was streamed from 2020 onwards including Arattu Festival. It was decided to live telecast the festival mainly for the benefit of aged devotees, who are unable to come to the Temple and also to the devotees residing away including NRIs. The live telecast could reduce the overcrowding during the festival and also welcomed by the police who controls the crowd management and the Devasowm officials. Therefore, there was no issue or any complaint against the live telecasting of the festival including the Arattu during the previous years. Moreover, the Tanthri also has not objected to the live telecasting of the festival. 3. I say that the festival of this year commenced on 09.12.2023 and the right to telecast was entrusted to 'Kshethra Media' Thrissur, one of the enlisted telecasters of Cochin Devaswom. The live telecast was done through 3 cameras fixed outside Nalambalam of the temple. On 16.12.2023, after the Kazchaseeveli by the participation of 15 elephants at about 10 pm by accompanying 5 elephants, the idol was carried to 7 DBP No.134 of 2023 nearby Chakkankulangara temple pond for Arattu Festival followed by a mass procession. When the idol was kept in the steps of the Temple pond and poojas were started, the live telecast was abruptly stopped and on enquiry, it was revealed that there was an order of stay against the live telecast of Arattu festival by this Hon'ble Court on 16.12.2023 and the Devasowm officer informed Satheesh Nair, in charge of Kshethra Media to immediately stop the telecast. Till then, the order issued by this Hon'ble Court was not put to my notice and, I am not aware of the order dated 16.12.2023 issued by this Hon'ble Court, restraining the live telecasting of Arattu Festival. 4. It is respectfully submitted that the notice issued in DBP No.11 of 2022 dated 23.11.2023 through the Assistant Devaswom Commissioner was not served and it was informed much belatedly and the copy of the DBP was received through email and Vakalath was filed in the DBP. The order dated 16.12.2023 in DBP No.134 of 2023 was not communicated or put to my notice either by the Assistant Commissioner or by the Devaswom Manager / Officer and the order came to my knowledge when the live telecast of Arattu Festival was stopped on 16.12.2023. 5. I say that if the order of this Hon'ble Court dated 16.12.2023 interdicting the live telecast of Arattu Festival was put to my knowledge, I would have taken steps not to telecast the Arattu Festival, till the immersion of the idol as reported by the Advocate Commissioner. There is no willful or deliberate laches on my part or on the part of the Temple Advisory Committee in live telecasting a part of the Arattu 8 DBP No.134 of 2023 Festival on 16.12.2023.” 5. Heard the learned Senior Government Pleader for respondents 1 to 3, the learned Standing Counsel for Cochin Devaswom Board for respondents 4 to 6, the learned counsel for the 8[th] respondent Temple Advisory Committee and the learned Standing Counsel for the 9[th] respondent Thripunithura Municipality. 6. According to ‘Agama Sastra’ Hindu temples represent the culmination of social and religious aspirations of a society. The temple is the focal point in the life of a community and often represents its pride, identity and unity. It draws into its fold people from its various segments and denominations and binds them together. The worship that takes place in the sanctum santorum and within the temple premises is important; so are the festivals and occasional processions that involve the direct participation of the entire community. They complement each other. While the worship of the deity in the sanctum santorum might be an individual‘s spiritual or religious need; the festivals are the expression of a community‘s joy, exuberance, devotion ‘ and pride and are also an idiom of a community s cohesiveness. 7. A ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in 9 DBP No.134 of 2023 an accustomed manner and subject to the practice and tradition in each temple. The entry of youths and others wearing footwear or in an inebriated condition cannot be permitted into the premises of Cherthala Sree Karthyayani Devi Temple. 8. Section 73A of the Travancore-Cochin Hindu Religious Institutions Act deals with duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Institutions; (iv) to establish and maintain proper facilities in major temples for the devotees. 9. In **Sinilkumar E.K v. Travancore Devaswom Board [2023 (5) KHC 85]** , in the context of Section 15A of the Act, which deals with the duties of the Travancore Devaswom Board, a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that every worshipper who shows reverence and adoration for the deity of Cherthala Sree Karthiyayini Devi Temple, which is a temple under the 10 DBP No.134 of 2023 management of the Travancore Devaswom Board has to exercise the right to worship in an accustomed manner and subject to the practice and tradition in that temple. Paragraphs 20 to 25 of that decision read thus; “20. The specific allegation contained in the writ petition is that the groups of youths, who entered the temple premises after consuming alcohol and even drugs were behaving in an uncontrolled and unruly way during Pooram Vela Thullal. Prior to that, on 02.04.2023 and 03.04.2023, during Ayilyam and Makam Maholsavam, groups of inebriated youths entered the temple premises and started singing obscene and vulgar songs and dancing in the ‘Anapanthal’. 21. As evident from the photographs and video footage of Pooram Vela Thullal in Cherthala Sree Karthyayani Devi Temple on 04.04.2023, groups of youths wearing footwear entered the temple premises and started singing obscene and vulgar songs and dancing in the ‘Anapanthal’ in front of ‘Nalambhalam’. They started ringing the temple bells incessantly to the rhythm of the songs. This disorderly behaviour in the ‘Anapanthal’ lasted for hours during the night, affecting the serene atmosphere in the temple, and causing inconvenience to other devotees. As stated in ‘Agama Sastra’ the ringing of the bell in the temple is pleasant to God. But, the bell in the temple can be rung only in an accustomed manner and subject to the practice and tradition in the temple. 22. A ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the 11 DBP No.134 of 2023 practice and tradition in each temple. The entry of youths and others wearing footwear or in an inebriated condition cannot be permitted into the premises of Cherthala Sree Karthyayani Devi Temple. 23. It is for the Travancore Devaswom Board and its officials to ensure that the daily worship and ceremonies and all the festivals in Cherthala Sree Karthyayani Devi Temple are conducted according to the usage, in the discharge of the statutory duty under Section 15A of the Travancore-Cochin Hindu Religious Institutions Act. The entry of youths and others wearing footwear or in an inebriated condition, the singing of obscene and vulgar songs, the dancing in the ‘Anapanthal’ in front of ‘Nalambhalam’ and the ringing of temple bells incessantly to the rhythm of the songs, etc., shall not be permitted during Pooram Vela Thullal, Ayilyam or Makam Maholsavam. Every worshipper, who shows reverence and adoration for the deity of Cherthala Sree Karthyayani Devi Temple, has to exercise the right to worship in an accustomed manner and subject to the practice and tradition in that temple. 24. As already noticed hereinbefore, a temple is the focal point in the life of a community and often represents its pride, identity and unity. The worship takes place in the sanctum sanctorum and within the temple premises and the festivals involve the direct participation of the entire community, which are the expression of a community’s joy, exuberance, devotion and pride and are also an idiom of a community’s cohesiveness. Therefore, in discharge of the statutory duty under Section 15A of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board and its officials have to 12 DBP No.134 of 2023 ensure that the festivals in Cherthala Sree Karthyayani Devi Temple are conducted in an accustomed manner, enabling all worshippers to exercise their right to worship subject to the practice and tradition in that temple. The 4[th] respondent Temple Advisory Committee of Cherthala Sree Karthyayani Devi Temple, in discharge of the statutory duty under Section 31A of the Act, has to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and the conduct of festivals according to the usage. If not already installed, the Travancore Devaswom Board shall install CCTV cameras in the temple premises, after complying with the procedural formalities, for surveillance, which can be used for crowd management during the festivals. 25. The 5[th] respondent Station House Officer, Cherthala Police Station and the 3[rd] respondent Sub Group Officer, Cherthala Sree Karthyayani Devi Temple, who were personally present in Court on 13.04.2023 explained the situation in the temple premises and on the public road, on 04.04.2023, during Pooram Vela Thullal, and on 02.04.2023 and 03.04.2023, during Ayilyam and Makam Maholsavam. In order to avoid such a situation in future, it is for the additional 6[th] respondent District Police Chief, Alappuzha to evolve a detailed ‘Police Bundobust Scheme’ for crowd management and maintenance of law and order in connection with Pooram Vela Thullal and other ceremonies in connection with Ayilyam, Makam and Pooram Maholsavam in Cherthala Sree Karthyayani Devi Temple, well in advance, deploying a sufficient number of police personnel.” ## 10. In **C.S.S. Motor Service v. Madras State [AIR** 13 DBP No.134 of 2023 **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. ## 11. In **Saghir Ahmad v. State of U.P. [AIR 1954 SC** **728]** a Constitution Bench of the Apex Court agreed with the statement of law made by the Division Bench of the Madras High Court in Para.24 of the decision in **C.S.S. Motor Service [AIR 1953 Madras 279]** . 12. 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. ## 13. In **Suo Motu v. Travancore Devaswom Board and others [2021:KER:46194 : 2021 SCC OnLine Ker. 13182]** - order dated 16.11.2021 in SSCR No.9 of 2021 - a Division Bench 14 DBP No.134 of 2023 of this Court, in which both of us were parties, noticed that despite the enactment of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011 by the State Legislature, the law laid down by the Apex Court in **Union of India v. State of Gujarat** [orders in SLP(Civil)No.8519 of 2006] and the law laid down by this Court in **Centre for Consumer Education v. State of Kerala [2019 (3) KHC 957]** , **Shani Johnson v. Kochi Corporation [2019 (3) KHC 928]** , **Shali v. State of Kerala [2019 (5) KHC 118]** , **Kottamom (Kottiyar Mangalam) Sri. Darmasastha Temple Advisory Committee v. State of Kerala [2019 (5) KHC SN 27 : 2019:KER: 48273]** , **Sivaprasad v. State of Kerala [2020 (6) KHC 373]** , the State of Kerala and the law enforcement machinery have not taken necessary steps to ensure strict enforcement of the relevant statutory provisions and also the Guidelines for Pedestrian Facilities formulated by Indian Roads congress (IRC:103-2012), in order to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or on the pedestrian facilities on public roads, since any such encroachment will adversely affect the mobility and safety of all pedestrians including those with disabilities and reduced mobility. 15 DBP No.134 of 2023 14. In **Suo Motu [2021:KER:46194 : 2021 SCC OnLine Ker. 13182]** this Court directed respondents 2 to 4 in SSCR No.9 of 2021 to take necessary steps to ensure strict compliance of the directions contained in the decision referred to supra by all concerned, in letter and spirit, by maintaining the roads and pedestrian facilities in the State strictly in conformity with the relevant standards and guidelines, without any encroachment whatsoever on the right of way or on the pedestrian facilities provided as per such standards and guidelines, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and the differently-abled persons. 15. Pursuant to the direction contained in the order of a Division Bench of this Court dated 08.06.2021 in W.P. (C)No.11886 of 2021 - **Trivandrum Chamber of Commerce and Industry v. State of Kerala and others** - in which one among us [Anil K. Narendran, J.] was a party, whereby the State of Kerala was directed to file a counter affidavit explaining the steps already taken to ensure strict enforcement of the orders of the Apex Court, including the order dated 18.01.2013 in SLP(C)No.8519 of 2006, the decision of this Court in **Shivaprasad [2020 (6) KHC 373]** , etc., the relevant statutory 16 DBP No.134 of 2023 provisions and also the Guidelines for Pedestrian Facilities formulated by Indian Roads Congress (IRC:103-2012), in order to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or pedestrian facilities on public road, the 1[st] respondent therein has issued a Circular dated 16.08.2021, whereby the Director of Urban Affairs and the Director of Panchayats are directed not to grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places, except for installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for the development and beautification of streets, roads, highways, etc. and relating to public utility and facilities in connection with the direction of the Apex Court. The Director Urban Affairs and the Director of Panchayats are directed to instruct Local Self Government Institutions accordingly and shall regularly monitor removal of unauthorized constructions from the roads as per the provisions in the respective Statutes in compliance with the directions contained in the orders referred to therein. 16. In **Suo Motu v. State of Kerala and others [2022** **(7) KHC 185]** a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that, once 17 DBP No.134 of 2023 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 the display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for the purpose of holding campaigns, demonstrations, etc., by political parties and other organisations, by causing any obstruction whatsoever to the free movement of pedestrians. No political party or organisation can be permitted to encroach upon footpaths 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. Showing scant regard to the law laid down in the decisions referred to _supra_ , political parties and various organisations are permitted to put up structures on footpaths and even on the right of way on public roads, all over the State. The protesters/agitators having political backing are even permitted to lay carpet and place chairs on the footpath. On account of such encroachments, pedestrians 18 DBP No.134 of 2023 including those with disabilities and reduced mobility are forced to walk through the right of way of public roads, in unsafe circumstances. In view of the provisions under clause (4) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017, the driver and the riders shall take special care and precautions to ensure the safety of the most vulnerable road users such as - pedestrians, cyclists, children, elderly and the differently abled persons. As per sub-clause (c) of clause (2) of Regulation 22, a vehicle shall not be parked on footpath, cycle path and pedestrian crossing. 17. In **Suo Motu v. State of Kerala and others [2022:KER:76999]** – order dated 16.12.2022 in DBP No.88 of 2022 – which was one registered suo motu based on a complaint dated 29.11.2022 alleging encroachment of traders on the roads leading to Guruvayur Sree Krishna Temple and installation of unauthorised flex boards in the Nadapanthal, a Division Bench of this Court, in which one among us [Anil K. Narendran, J] was party held that in view of the statutory provisions referred to therein and the law laid down in the decisions referred to _supra_ , the roads constructed as per the standards and guidelines prescribed by the Indian Roads Congress has to be maintained as such, without any encroachment on the right of way or on the 19 DBP No.134 of 2023 pedestrian facilities provided as per such standards and guidelines. No political party, organisation or trader can be permitted to encroach upon footpaths or right of way of public roads, in connection with any protests, demonstrations or trade, by erecting any temporary structures on the right of way or on the pedestrian facilities or by stocking articles for trade forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. Since the State holds public roads as a trustee on behalf of the public, the inaction on the part of the State and the Local Self Government Institutions in preventing such encroachments upon footpaths or right of way of public roads will amount to 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. By the order dated 16.12.2022, DBP No.88 of 2022 was disposed of by directing the Secretary of Guruvayur Municipality and the Station House Officer, Guruvayur Temple Police Station to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or pedestrian facilities on public roads leading to Guruvayur Sree Krishna Temple, strictly in 20 DBP No.134 of 2023 terms of the law laid down in the decisions referred to _supra_ , to ensure the safety of the road users, including children, senior citizen and differently-abled persons. They were directed to conduct periodical inspections, in order to ensure that the roads and pedestrian facilities on the public road leading to Guruvayur Temple are maintained without any encroachments whatsoever. The Administrator of Guruvayur Devaswom was directed to bring to the notice of the Station House Officer and also the Secretary of Guruvayur Municipality any such encroachments around Guruvayur Sree Krishna Temple, which would force the road users including those with disabilities and reduced mobility to walk in unsafe circumstances, by submitting representations. The Station House Officer and the Secretary of Guruvayur Municipality were directed to act upon such representations, taking note of the law laid down in the decisions referred to supra. Having considered the pleadings and materials on record, we deem it appropriate to dispose of this DBP by directing the 4[th] respondent Cochin Devaswom Board and its officials to take necessary steps to ensure that every worshipper exercises his right to worship during the annual festival of Sree Poornathrayeesa Temple, Thripunithura in an accustomed 21 DBP No.134 of 2023 manner and subject to the practice and tradition in that temple. It is for the Board to take an appropriate decision on the question as to whether live telecast of Aarattu festival can be permitted, after obtaining opinion from the Thantri. In terms of the directions contained in the order of this Court dated 16.12.2023 in DBP No.133 of 2023, the Board shall take necessary steps to ensure that the annual festival of Sree Poornathrayeesa Temple is being conducted in an orderly manner, taking note of the law laid down by this Court in **Sinilkumar E.K. [2023 (5) KHC 85]** , without flouting the provisions under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder. The police shall maintain law and order in the locality and have an effective crowd management during festival seasons, in order to ensure the safety of the devotees, especially aged persons and children of tender age. The 3[rd] respondent Station House Officer and the Secretary of the additional 9[th] respondent Thripunithura Municipality shall take necessary steps to prevent encroachment in any nature, in any form, either temporary or permanent, on the right of way or pedestrian facilities on the roads leading to Sree Poornathrayeesa Temple, Thripunithura, strictly in terms of the law laid down by this Court 22 DBP No.134 of 2023 in **Suo Motu v. State of Kerala and others [2022:KER: 76999]** . Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** ded