Hari G. v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ## **`&`** ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` MONDAY, THE 18[TH] DAY OF DECEMBER 2023/27TH AGRAHAYANA, 1945 ``` ## **`WP(C) NO. 42036 OF 2023`** ## **`PETITIONER:`** ``` HARI G., AGED 53 YEARS S/O. GOLALAKRISHNAN NAIR KEEZHATHIL VEEDU CHIRAYINKEEZHU THIRUVANANTHAPURAM, PIN - 695304 ``` ``` BY ADVS.R.KRISHNA RAJ E.S.SONI ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 TRAVANCORE DEVASWOM BOARD DEVASWOM HEADQUARTERS, NANTHANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695003`** - **`3 DEVASWOM COMMISSIONER DEVASWOM COMMISSIONERATE TRAVANCORE DEVASWOM BOARD PRASANTHI NAGAR, PAZHAVANGADI P.O. THIRUVANANTHAPURAM, PIN - 695023`** - **`4 THE ADMINISTRATIVE OFFICER SARKKARA DEVI TEMPLE, PANDAKASALA SARKARA ROAD CHIRAYINKEEZHU P.O. THIRUVANANNTHAPURAM, PIN - 695304`** - **`*ADDL.R5 CHIEF SECRETARY TO GOVERNMENT KERALA GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM, PIN-695001`** - **`*ADDL.R6 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, THIRUVANANTHAPURAM , PIN-`** 2 W.P.(C)No.42036 of 2023 ``` 695043 * ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 15.12.2023 IN I.A.1/2023 IN WP(C) 42036/2023 ``` ``` SRI ASHOK M.CHERIAN - ADDL ADVOCATE GENERAL ; SRI G.SANTHOSH KUMAR - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.42036 of 2023 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioner, who is a devotee of Sarkkara Devi Temple, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 4 not to permit the conduct of ‘Nava Kerala Sadas’ scheduled to be held on 21.12.2023 in the compound of Sarkkara Devi Temple, which is under the management of the Travancore Devaswom Board; and a writ of mandamus commanding respondents 2 to 4 not to allow any activity in the temple premises of Sarkkara Devi Temple which are not connected with or arising from the worship usages and observations of Sarkkara Devi Temple in violation of the provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder. 2. On 14.12.2023, when this writ petition came up for admission, the learned Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. 3. On 15.12.2023, when this writ petition came up for consideration along with W.P.(C)No.42057 of 2023, the learned Additional Advocate General and also the learned Standing 4 W.P.(C)No.42036 of 2023 Counsel for Travancore Devaswom Board submitted that counter affidavit of the District Collector and that on behalf of the Board shall be placed on record by 18.12.2023. 4. By the judgment dated 15.12.2023, W.P.(C)Nos.41819 & 42081 of 2023 filed against the conduct of ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple were disposed of by setting aside the order dated 11.12.2023 of the Travancore Devaswom Board granting such permission and the District, Collector, who is the Nodal of Officer for ‘Nava Kerala Sadas’, was directed to take immediate steps to remove the temporary constructions made in the Devaswom land of Chakkuvally Sree Parabrahma Temple, forthwith. Paragraphs 39, 40 and also the operative portion of the said judgment read thus; “39. In **Major Vellayani Devi Temple Advisory Committee [2023 (2) KHC 290]** , this Court held that politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. In **Hindu Seva Kendram v. State of Kerala and others [2023 (3) KHC 258]** , this Court held that cultural or social activities unconnected with temple worship have no role to play in temple festivals. In **K.B.Sumodh v. Commissioner, Cochin Devaswom Board [2023:KER:25530],** this Court held that Vadakkumnatha Kshethra Maidan (Thekkinkadu Maidan) is a Devaswom land, which is 5 W.P.(C)No.42036 of 2023 managed by the Cochin Devaswom Board as a trustee in management of Devaswom property, in terms of the provisions under the Travancore-Cochin Hindu Religious Institutions Act. There cannot be any activity in Thekkinkadu Maidan, except in accordance with the objects of the Trust. In **G.Vysan and another v. State of Kerala and others [2023:KER.52256]** , this Court held that the temple premises cannot be used for conducting mass drill or weaponry training by the devotees or group of persons. 40. In view of the statutory provisions in the TravancoreCochin Hindu Religious Institutions Act, the Kerala Hindu Placed of Public Worship (Authorisation of Entry) Act and the Rules made thereunder and also the law laid down in the decisions referred to supra, the temple premises of a temple under the management of the Travancore Devaswom Board cannot be permitted to be used for ‘ ’ conducting a programme like Nava Kerala Sadas . While granting permission vide Ext.R2(a) order dated 11.12.2023 for conducting ‘Nava Kerala Sadas’ on 18.12.2023 in the Devaswom land of Chakkuvally Sree Parabhrama Temple, the Travancore Devaswom Board failed miserably to perform its statutory duties under Sections 15A and 31 of the Act with utmost care and caution. By granting such permission, the Board openly flouted the prohibition contained in Rules 6 and 8 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules. In the result, these writ petitions are disposed of by setting aside Ext.R2(a) order dated 11.12.2023 of the Travancore Devaswom Board granting permission for 6 W.P.(C)No.42036 of 2023 conducting ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple on 18.12.2023. The District Collector, Kollam, who is the Nodal Officer for ‘Nava Kerala Sadas’ shall take immediate steps to remove the temporary constructions made in the Devaswom land of Chakkuvally Sree Parabrahma Temple, forthwith.” 5. Today, when this writ petition is taken up for consideration, we heard the arguments of the learned counsel for the petitioner, the learned Additional Advocate General for the State and official respondents and the learned Standing Counsel for Travancore Devaswom Board for the Board and its officials. 6. The learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court an order dated 14.12.2023 of the Devaswom Commissioner, whereby permission to conduct ‘Nava Kerala Sadas’ in the temple ground of Sarkkara Devi Temple has been granted, subject to the conditions stipulated therein. 7. During the course of arguments, the learned Additional Advocate General would submit that a decision has already been taken to shift the venue of ‘Nava Kerala Sadas’ on 21.12.2023, from the temple ground of Sarkkara Devi Temple. In such circumstances, this writ petition is disposed of taking note of the law laid down by this Court in **Jayakumar J.** 7 W.P.(C)No.42036 of 2023 **and another v. State of Kerala and others** **[2023:KER:80455]** and also the submissions made by the learned Additional Advocate General that the venue of ‘Nava Kerala Sadas’ scheduled to be held on 21.12.2023 has already been shifted from Sarkkara Devi Temple ground. The District Collector, Thiruvananthapuram, who is the Nodal Officer for ‘Nava Kerala Sadas’ shall take immediate steps to remove the temporary structures, if any, in the Devaswom land of Sarkkara Devi Temple, forthwith. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** AV/19/12 8 W.P.(C)No.42036 of 2023 ## **`APPENDIX OF WP(C) 42036/2023`** ## **`PETITIONER EXHIBITS`** - **`Exhibit P-1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO.18621/2023 DATED 07.08.2023`** - **`Exhibit P- 2 TRUE COPY OF THE PHOTOGRAPH SHOWING TEMPLE AND ITS PREMISES WHERE KALIYOOTTU MAHOTSAVAM IS HELD DATED NIL`** - **`Exhibit P-3 TRUE COPY OF THE PHOTOGRAPH SHOWING TEMPLE AND ITS PREMISES WHERE KALIYOOTTU MAHOTSAVAM IS HELD DATED NIL`** - **`Exhibit P- 4 TRUE COPY OF THE PHOTOGRAPH SHOWING TEMPLE AND ITS PREMISES WHERE KALIYOOTTU MAHOTSAVAM IS HELD DATED NIL`** - **`Exhibit P-5 TRUE COPY OF THE PHOTOGRAPH SHOWING TEMPLE AND ITS PREMISES WHERE KALIYOOTTU MAHOTSAVAM IS HELD DATED NIL`** - **`Exhibit P-6 TRUE COPY OF THE POSTER OF NAVA KERALA SADHASSU DATED NIL`** - **`Exhibit P-7 TRUE COPY OF THE PAPER REPORT IN MADHYAMA JALAKAM DATED 2.12.2023`** - **`Exhibit P-8 TRUE COPY OF THE PAPER REPORT IN KERALA KAUMUDI DATED 2.12.2023`**