R. Rajendran v. State of Kerala and others

1 W.P.(C)No.33204 of 2023 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ## **`&`** ## **`THE HONOURABLE MRS.JUSTICE SOPHY THOMAS`** ``` MONDAY, THE 16[TH] DAY OF OCTOBER 2023 / 24TH ASWINA, 1945 ``` ``` W.P.(C)NO.33204 OF 2023 ``` ## **`PETITIONER:`** ``` R. RAJENDRAN, AGED 54 YEARS, S/O RAVEENDRAN PILLAI, USHUS, KUREEPUZHA P. O., KAVANAD, KOLLAM, PIN - 691003 ``` ``` BY ADVS.C.RAJENDRAN B.K.GOPALAKRISHNAN R.S.SREEVIDYA MANU M. ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANDANCODE JUNCTION, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003`** - **`3 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE JUNCTION, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003`** - **`4 THE EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE JUNCTION, KAWDIAR POST,`** 2 W.P.(C)No.33204 of 2023 ## **`THIRUVANANTHAPURAM, PIN - 695003`** ``` 5 THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE JUNCTION, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003 ``` - **`6 THANTHRI,`** - **`SABARIMALA SREE DHARMA SASTHA TEMPLE, PATHANAMTHITTA, PIN - 689662`** ## **`OTHER PRESENT:`** ``` SRI. S.RAJMOHAN - SR. GOVERNMENT PLEADER ``` ``` SRI. G.BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.33204 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple and a regular worshiper at Sabarimala Sannidhanam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 5 to take effective and immediate steps for making arrangements in such a way that all the devotees are getting darshan of Lord Ayyappa fully and effectively. 2. Going by the averments in the writ petition, the petitioner visits Sabarimala Sannidhanam a minimum of six times a year to worship Lord Ayyappa. However, he is getting the darshan of Lord Ayyappa only on rare occasions because the devotees have to move in a horizontal direction in front of the sanctum sanctorum of Sabarimala Sannidhanam. The sanctum sanctorum and the connected buildings and other structures of the temple are situated in a higher plane from the temple ground. The devotees enter the temple ground through Pathinettampadi (18 holy steps). The Swarna Kodimaram (golden flag post) of the temple is situated near Pathinettampadi. The present system of worship is that devotees 4 W.P.(C)No.33204 of 2023 reaching the temple ground near the golden flag post have to move towards the west, through the elevated path commencing from the south-west corner of the temple ground, towards the south-east corner. From there the devotees turn towards the south. From this point, the devotees have to move horizontally to reach the narrow space between the Chuttambalam and the sanctum sanctorum. On account of the heavy rush and pushing from behind by the devotees and pulling by the police and security guards, a devotee has to move forward, within split seconds, of reaching in front of the deity. The devotees are not permitted to remain there, even for a second, to have proper darshan of Lord Ayyappa. 3. According to the petitioner, in order to avoid this situation, necessary changes are to be made in the present system for darshan. The temple is facing towards east. A devotee gets the darshan of Lord Ayyappa only when he reaches in front of the door of the sanctum sanctorum. Due to the heavy rush and pushing from behind by the devotees and pulling by the police and security guards, a devotee gets the darshan of Lord Ayyappa only for a split second and often the devotees lose that opportunity. In other words, a devotee has to return from the temple without having a darshan. In order to avoid such a situation, the entry of the 5 W.P.(C)No.33204 of 2023 devotees to the Chuttambalam has to be permitted through the front door near the flag post. From there, they have to move towards the sanctum sanctorum by setting five to ten steps. By the time they reach in front of the door of the sanctum sanctorum, they would get full darshan of the Lord Ayyappa. The document marked as Ext.P1 is a photograph showing Pathinettampadi (18 holy steps) and Swarna Kodimaram (golden flag post) in front of Sabarimala Temple. Exts.P2 and P2(a) are the photographs of the elevated path in the temple ground and Exts.P3 and P3(a) are the photographs of the space in front of the sanctum sanctorum of Sabarimala Temple. 4. On 10.10.2023, when this writ petition came up for admission, after arguing for some time, the learned counsel for the petitioner sought an adjournment to address arguments taking note of the law laid down by this Court in **Sajeev Sastharam v. State of Kerala [2022 (7) KHC 295]** and **Suo motu v. Union of India [2022 (7) KHC 624]** . 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent, and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5. 6 W.P.(C)No.33204 of 2023 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials 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 the temples for the devotees. 7. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer 7 W.P.(C)No.33204 of 2023 the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community. 8. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 9. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in 8 W.P.(C)No.33204 of 2023 accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 10. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Sabarimala is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of the Western Ghats to have darshan of Lord Ayyappa. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve. Sabarimala is declared a Special Security Zone. The management of the Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in **Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5 : 2022:KER:20733]** . 9 W.P.(C)No.33204 of 2023 ## 11. In **Suo Motu v. Travancore Devaswom Board [2022** **(7) KHC SN 5]** this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them. However, in Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at ‘Pathinettampadi’ to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. Crowd Management at Sabarimala during festival seasons and monthly poojas cannot be handled with the limited number of employees of the Travancore Devaswom Board, who are deputed on special duty. In the said decision, this Court held that crowd management by the Kerala Police at Sabarimala Sannidhanam and even at Pathinettampadi will not in any manner infringe the fundamental right guaranteed under Articles 25 and 26 of the Constitution. In the said decision, this Court directed the Travancore Devaswom 10 W.P.(C)No.33204 of 2023 - Board to take over the Virtual Q system for Sabarimala darshan, owned and managed by Kerala Police, with the technical support of Tata Consultancy Services Ltd. (TCS Ltd.) and thereafter, TCS Ltd. shall render necessary technical support to the Board. Once the ownership and management of Virtual-Q system are transferred, the Board has to scrupulously follow the requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Data or Information) Rules, 2011. Verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also monthly poojas the Kerala Police should have access to the database in the Virtual-Q system. When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database. Any access to the database in the Virtual-Q platform by Kerala Police, for crowd control during festival seasons and also monthly poojas, in order to avoid a stampede or an untoward, or for taking any preventive action in case any specific threat or security input, would not amount to an unwarranted invasion of the privacy of pilgrims. 11 W.P.(C)No.33204 of 2023 12. In **Sajeev Sastharam v. State of Kerala [2022 (7) KHC 295]** this Court held that a ‘worshipper’, who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasa Poojas and festival seasons, including MandalaMakaravilakku festival season, are applicable to all ‘worshippers’, who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. 13. In **Sajeev Sastharam [2022 (7) KHC 295]** this Court directed the Guards engaged by the Travancore Devaswom Board and also the Police Officers on duty at Sopanam to regulate the movement of pilgrims through the barricades, in an appropriate manner, causing least inconvenience to the pilgrims. To facilitate better crowd management, the third row was ordered to be maintained as ‘buffer zone’ and the Police Officers were directed to stand on either side of the third row for crowd management. The Police Special Officer at Sannidhanam, who is in the rank of Deputy Superintendent of Police, was directed to keep a constant vigil over 12 W.P.(C)No.33204 of 2023 crowd management at Pathinettampadi and Sopanam, in order to ensure a smooth flow of pilgrims. ## 14. In **Suo motu v. Union of India [2022 (7) KHC 624]** this Court reiterated that a 'worshipper', who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasa Poojas and festival seasons, including MandalaMakaravilakku festival season, are applicable to all 'worshippers', who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. By the orders of this Court in SSCR No.23 of 2022, the Travancore Devaswom Board, the District Police and also the District Administration are directed to render necessary assistance to senior citizens, persons with disabilities and children of tender age, in order to ensure that they are not facing any inconvenience during the pilgrimage. The 'foreign nationals' or 'business class people' availing of helicopter service are not entitled to any privilege or preference for darshan in front of Sopanam of Sabarimala Sannidhanam. No operator in the aviation sector can offer 'special 13 W.P.(C)No.33204 of 2023 darshan' for pilgrims at Sabarimala Sannidhanam or use the name of the Deity, Lord Ayyappa of Sabarimala in connection with any tour or pilgrimage package. 15. According to the petitioner, the entry of devotees to the Chuttambalam has to be permitted through the front door near the flag post at Sabarimala Sannidhanam. From there, the devotees have to move towards the sanctum sanctorum and by the time they reach in front of the door of the sanctum sanctorum, they would get full darshan of the Lord Ayyappa. 16. In **Sajeev Sastharam [2022 (7) KHC 295]** this Court noticed the report dated 10.10.2022 of the Special Commissioner explaining the procedure followed at the Sopanam of Sabarimala Sree Dharma Sastha Temple to ensure that the maximum number of devotees have comfortable darshan of Lord Ayyappa, at a time. As stated in that report, there are four rows in front of the Sopanam for the devotees to have darshan of Lord Ayyappa. The rows which are situated on the eastern side of the Sopanam are slightly elevated to enable the devotees standing on the last rows to have darshan of Lord Ayyappa. Apart from the four rows, the devotees are permitted to stand in the space after the barricade of the 4[th] row, to have darshan of Lord Ayyappa. The 1[st] row in front of the 14 W.P.(C)No.33204 of 2023 Sopanam is reserved for the Pooja ticket holders to have darshan at the time of various poojas. After the poojas are over the devotees are also permitted to move for darshan through the 1[st] row. When the average footfall at Sabarimala reaches 80,00090,000 pilgrims per day, 70 to 80 devotees will have to move through ‘Pathinettampadi’ (holy 18 steps) and through each barricade in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple in a minute, in order to ensure that all the devotees have darshan of Lord Ayyappa when the Sanctum Sanctorum remains open. 17. The procedure, as stated in the report dated 10.10.2022 of the Special Commissioner, Sabarimala, is being followed at the Sopanam of Sabarimala Sree Dharma Sastha Temple to ensure that the maximum number of devotees have comfortable darshan of Lord Ayyappa when the Sanctum Sanctorum remains open. The movement of the devotees in front of the Sopanam of Sabarimala Sannidhanam is regulated through steel barricades, to ensure the safety of the devotees, especially children of tender age, senior citizens, etc. Since the rows on the eastern side of the Sopanam are slightly elevated, the devotees standing in all rows, including 15 ## W.P.(C)No.33204 of 2023 the last row on the eastern side, get proper darshan of Lord Ayyappa, while moving forward. In such circumstances, we find no reason to direct respondents 2 to 4 to change the procedure followed at the Sopanam of Sabarimala Sree Dharma Sastha Temple for darshan, as suggested by the petitioner. However, this writ petition is disposed of by directing respondents 2 to 4 to comply with the directions contained in the decisions referred to supra, in letter and spirit, during the Mandala-Makaravilakku festival season of 1199 ME (2023-24), to ensure a smooth flow of devotees in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all devotees in the queue. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/SOPHY THOMAS, JUDGE** MIN 16 W.P.(C)No.33204 of 2023 ## **`APPENDIX OF WP(C) 33204/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 ``` ``` A TRUE PHOTOGRAPH SHOWING THE FRONT PORTION OF THE SABARIMALA TEMPLE WITH THE 18 STEPS AND DWAJASTHAMBAM/KODIMARAM ``` ``` EXHIBIT P2 AND THE PHOTOGRAPHS SHOWING THE ELEVATED P2(A) TRACK PACKED WITH DEVOTEES. ``` ``` EXHIBIT P3 AND P3(A) ``` ``` PHOTOGRAPHS SHOWING THE NARROW SPACE IN FRONT OF THE SANCTUM SANATORIUM FULLY PACKED WITH DEVOTEES. ```