SAMAJ E.V. 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 P.G. AJITHKUMAR ``` ``` FRIDAY, THE 16[TH] DAY OF JUNE 2023 / 26TH JYAISHTA, 1945 WP(C) NO.17058OF 2023 ``` ## **`PETITIONER:`** ``` SAMAJ E.V, AGED 41 YEARS, S/O.PADMANABHAN, RESIDING AT KARIMBIN HOUSE, P.O.CHOVVA, KANNUR, PIN - 670006 ``` ``` BY ADVS.CHITRA JOHNSON G.SREEKUMAR (CHELUR) ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM)DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 THE DISTRICT COLLECTOR COLLECTORATE, KANNUR, PIN - 670002`** - **`3 THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, KANNUR, PIN - 670002`** - **`4 THE SUB INSPECTOR OF POLICE KANNAPURAM POLICE STATION, KANNAPURAM P.O., KANNUR, PIN - 670331`** - **`5 MALABAR DEVAWOM BOARD REP. BY ITS SECRETARY HOUSEFED COMPLEX, P.O. ERAHNIPALAM, KOZHIKODE, PIN - 673006`** - **`6 THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O. ERAHNIPALAM, KOZHIKODE, PIN - 673006`** 2 W.P.(C)No.17058 of 2023 - **`7 ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KASARAGOD DIVISION, NEELESWARAM, KASARAGOD, PIN - 671314`** - **`8 SREE CHERUKUNNU ANNAPOORNESWARI DEVASWOM REPRESENTED BY ITS EXECUTIVE OFFICER, CHIRAKAL KOVILAKOM DEVASWOMS, P.O. CHIRAKKAL, KANNUR, PIN - 670011`** - **`9 NAVACHETHANA KALA SAMITHI AND GRANDHALAYAM, MATTANKEEL`** ``` KANNAPURAM, MOTTAMMAL P.O., KANNUR REPRESENTED BY ITS PRESIDENT, PIN - 670331 ``` ``` *10 (ANAKKAI BALAKRISHNAN)* K MOHANAN PRESIDENT, NAVACHETHANA KALA SAMITHI AND GRANDHALAYAM, MATTANKEEL, KANNAPURAM, MOTTAMMAL P.O., KANNUR, PIN – 670331 NAME CORRECTED AS PER ORDER DATED 02.06.2023 IN WP(C) ``` - **`*11 (SURESH BABU)* K V SURESH KUMAR SECRETARY, NAVACHETHANA KALA SAMITHI AND GRANDHALAYAM, MATTANKEEL, KANNAPURAM, MOTTAMMAL P.O., KANNUR, PIN - 670331 NAME CORRECTED AS PER ORDER DATED 02.06.2023 IN WP(C).`** ## **`BY ADVS.MAHESH V RAMAKRISHNAN`** ``` R.SANJITH ``` ``` C.S.SINDHU KRISHNAH(K/942/2008) ``` ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI R.LAKSHMI NARAYAN- STANDING COUNSEL - MALABAR DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.17058 of 2023 ## **JUDGMENT** Anil K. Narendran, J. The petitioner, who is a worshipper of Sree Annapoorneswari Temple, Cherukunnu, which is a controlled institution under the 5[th] respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 8 to prevent the attempts on the part of respondents 9 to 11 to conduct ‘Gramolsavam’ and ‘Mega Event’ in the temple property covered by Ext.P1 Adangal Extract, known as ‘Choyi Ambalam’, which absolutely belongs to Sree Annapoorneswari Temple under the 8[th] respondent Cherukunnu Sree Annapoorneswari Devaswom, where indispensable and centuries old customary rites and ceremonies are being held in connection with the Annual Festival of the said Devaswom, and from constructing any stage or making any decorations in the property of the 8[th] respondent Devaswom. The petitioner has also sought for a writ of mandamus commanding the 2[nd] respondent and the officials subordinate to him to immediately visit the property covered by Ext.P1 and to file a detailed report before this Court regarding illegal activity being carried out by respondents 9 to 11 in the property covered by Ext.P1, in violation of Ext.P4 judgment of this Court dated 04.04.2023 in W.P.(C)No.38734 of 2022. The further relief sought 4 W.P.(C)No.17058 of 2023 for is a writ of mandamus commanding respondents 2 to 8 to take immediate steps to preserve and protect the property covered by Ext.P1 from any kind of illegal activity or trespass and conduct of the ‘Gramaolsavam’ and ‘Mega Event’, as notified as per Ext.P5 public notice. 2. Going by the averments in the writ petition, though in Ext.P4 judgment dated 04.04.2023 in W.P.(C)No.38734 of 2022, this Court issued specific directions to preserve and protect the property by constructing compound wall, etc., the same is not yet done. Now, Ext.P5 public notice has been issued by respondents 9 to 11 declaring that they are going to conduct ‘Gramolsavam’ and ‘Mega Event’ in the said property. Respondents 9 to 11 have also started the construction of a stage in the temple property. The Executive Officer of the 8[th] respondent Devaswom lodged a complaint before the 4[th] respondent Station House Officer, against such construction, along with a copy of Ext.P4 judgment, only when the petitioner submitted Ext.P6 complaint before respondents 2, 7 and 8. 3. On 26.03.2023, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1 to 4. The learned Standing Counsel for Malabar Devaswom Board took 5 W.P.(C)No.17058 of 2023 notice for respondents 5 to 7. Urgent notice by special messenger was ordered to respondents 8 to 11, returnable by 29.05.2023. After considering the submissions made by the learned counsel for the petitioner, the learned Senior Government Pleader and also the learned Standing Counsel for Malabar Devaswom Board, this Court passed a detailed interim order. Paragraphs 5 to 9 of that order read thus; “5. The interim relief sought for in this writ petition is an order directing respondents 2 to 8 to prevent respondents 9 to 11 from conducting Gramolsavam and Megaevent or any other programme in the property covered by Ext.P1 Adangal Extract and known as ‘Choyi Ambalam’ of Mattankeel, Kannapuram and from constructing any stage in the property of Sree Cherukunnu Annapoorneswari Devaswom, the 8[th] respondent herein, covered by the said Adangal Extract. 6. The protection of 28 cents of land of ‘Choyi Ambalam’, Mattankeel covered by Ext.P1 Adangal Extract was the subject matter in W.P.(C)No.38734 of 2022 filed by the petitioner herein. That writ petition was disposed of by Ext.P4 judgment dated 04.04.2023, whereby the Executive Officer of Sree Cherukunnu Annpoorneswari Devaswom, the 8[th] respondent herein, was directed to take necessary steps to ensure that the said property having an extent of 28 cents covered by Ext.P1 Adangal Extract is protected in an appropriate manner by constructing a proper fencing or compound wall. In paragraph 9 of the said judgment, this Court recorded the submission made by the Executive Officer of the Devaswom that the Devaswom has no 6 W.P.(C)No.17058 of 2023 intention to alienate the property of Choyi Ambalam, Mattankeel having an extent of 28 cents covered by Ext.P1 Adangal Extract, where indispensable and centuries old customary rites and ceremonies are being held in connection with the annual festival of the Devaswom. 7. In **Hindu Seva Kendram v. State of Kerala [2023 (3) KHC 258]** this Court held that politics has no role to play in the conduct of daily worship, ceremonies and festivals in temples. Similarly, cultural or social activities unconnected with temple worship have no role to play in temple festivals. 8. Though, in Ext.P5 notice dated nil published by respondents 9 to 11 regarding Mattankeel Gramolsavam – 2023, which is scheduled to be held on 27.05.2023 and 28.05.2023, the place of the meeting is not mentioned, Ext.P7 photographs placed on record to show that the construction of a temporary stage is going on in the Devaswom Land, adjacent to ‘Choyi Ambalam’. 9. In such circumstances, there will be an interim order directing the respondents 2 to 8 to prevent all activities in connection with conduct of Gramolsavam-2023 and Megaevent, in terms of Ext.P5 notice, in 28 cents of land of ‘Choyi Ambalam’ covered by Ext.P1 Adangal Extract.” 4. On 29.05.2023 when this writ petition came up for consideration, the 8[th] respondent Executive Officer and respondents 9 to 11 entered appearance through counsel. Paragraphs 2 to 5 of the order dated 29.05.2023 read thus; “2. The learned counsel for the 8[th] respondent would submit that in terms of the order of this Court dated 26.05.2023, Mattankeel Gramolsavam–2023, which was scheduled to be 7 W.P.(C)No.17058 of 2023 held on 27.05.2023 and 28.05.2023, in a temporary stage in the Devaswom land, adjacent to ‘Choyi Ambalam’, was conducted at another place, by respondents 9 to 11. Though the 9[th] respondent Samithi submitted an application seeking permission to conduct Mattankeel Gramolsavam-2023 in the land covered by Ext.P1 Adangal Extract, no permission was granted by the Executive Officer. Therefore, the Executive Officer has lodged a complaint before the 4[th] respondent Sub Inspector of Police, Kannapuram Police Station, since respondents 9 to 11 constructed a temporary stage adjacent to ‘Choyi Ambalam’. 3. The learned counsel for the 8[th] respondent shall make available for the perusal of this Court the application made by the 9[th] respondent Kala Samithi and also the complaint made by the Executive Officer before the 4[th] respondent Sub Inspector of Police. 4. The learned Senior Government Pleader seeks time to get instructions from the 4[th] respondent Sub Inspector of Police. 5. An adjournment is sought on behalf Sri.R. Sanjith, the learned counsel for respondents 9 to 11.” 5. The 8[th] respondent has filed counter affidavit dated 31.05.2023. Paragraphs 7 to 10 read thus; “7. I respectfully further submit that while so, on 25.04.2023, the President of the 9[th] respondent Samithi, Sri.Mohanan submitted a letter dated 24.05.2023 to this respondent seeking permission to conduct the proposed ‘Gramolsavam' in the temple property. True copy of the application dated 24.05.2023 submitted by the 9[th] respondent on 25.05.2023 to the 8[th] respondent is produced herewith and marked as Exhibit R8(e). On receipt of the said application, this respondent then and there informed 8 W.P.(C)No.17058 of 2023 respondents 9 to 11 that no permission can be granted to conduct such programs inside the temple property. 8. I respectfully further submit that thereafter, the 8[th] respondent received a copy of a Caveat Petition (unnumbered) dated 25.05.2023 lodged by Sri.K.Mohanan, President of the 9[th] respondent Samithi before the Munsiff Court, Kannur, true copy of which is produced herewith and marked as Exhibit R8(f). 9. I respectfully further submit that on 26.05.2023, I have received an interim order dated 26.05.2023 issued by this Hon'ble Court in the above writ petition. Immediately on receipt of the said interim order, I have intimated the same to the 4[th] respondent as per letter dated 26.04.2023. True copy of the letter dated 26.05.2023 issued by the Manager of the 8[th] respondent Devaswom to the 4[th] respondent is produced herewith and marked as Exhibit R8(g). Accordingly the scheduled the program was not held in the temple property covered by Ext.P1. This respondent has taken strenuous efforts to implement the interim order dated 26.05.2023 issued in the above Writ petition. 10. I respectfully submit that it is true that the property in question is a temple property and an indispensable customary rites and ceremony being held in the said property in connection with the annual festival of the main temple viz. Sree Cherukunnu Annapoorneswari Temple. That is an indispensable custom being performed in the property covered by Ext.P1 every year. This respondent has taken all steps to preserve and protect such a property. The respondents 9 to 11 or any of the supporters have no manner of right to enter into the property or to use the property in any manner. The contention to the contrary raised by the petitioner are incorrect and hence denied. The 9 W.P.(C)No.17058 of 2023 averments in Para 7 of the writ petition that there is callous inaction and contemptuous silence on the part of this respondent is incorrect and hence denied. The further allegation made in para 8 of the writ petition that respondents 9 to 11 are hand in glove with respondents 4 and 8, etc. are incorrect and hence denied. The further allegation that there is a dereliction of duty on the part of this respondent and that this respondent is not competent to preserve and protect the property of the deity, etc. are incorrect and hence denied. This respondent did not support any such illegal activity on the temple property. All necessary steps have been taken to prevent illegal activity from the side of respondents 9 to 11. Respondents 9 to 11 have absolutely no right to enter the property or to conduct any programme and no permission is granted by this respondent.” 6. Respondents 9 to 11 have filed a counter affidavit dated 16.06.2023, as ‘Benchmark’. 7. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 to 4, the learned Standing Counsel for Malabar Devaswom Board for respondents 5 to 7, the learned counsel for the 8[th] respondent Devaswom and the learned counsel for respondents 9 to 11. 8. The learned Senior Government Pleader, on instructions from the 4[th] respondent Station House Officer, would submit that based on Ext.R8(g) complaint dated 26.05.2023 made by the Manager of Cherukunnu Sree Annapoorneswari Temple, both 10 W.P.(C)No.17058 of 2023 parties were summoned to Kannapuram Police Station and respondents 9 to 11 were directed to remove the temporary stage constructed in the temple compound. 9. Along with the writ petition, the petitioner has placed on record a few photographs of ‘Choyi Ambalam’. Two photographs of indispensable and centuries old customary rites and ceremonies in connection with the Annual Festival of the 8[th] respondent Cherukunnu Sree Annapoorneswari Devaswom are reproduced hereunder; **==> picture [369 x 395] intentionally omitted <==** 11 W.P.(C)No.17058 of 2023 10. A photograph of the stage constructed by respondents 9 to 11 near ‘Choyi Ambalam’ to conduct ‘Gramolsavam’ and ‘Mega Event’ in the temple property, which is marked as Ext.P7 in the writ petition, is reproduced hereunder; **==> picture [336 x 251] intentionally omitted <==** 11. By Ext.P4 judgment dated 04.04.2023 in W.P.(C)No.38734 of 2022 this Court directed the Executive Officer of the 8[th] respondent Cherukunnu Sree Annapoorneswari Devaswom to take necessary steps to ensure that the property of ‘Choyil Ambalam’ Mattankeel, having an extent of 28 cents, covered by Ext.P1 adangal extract, is protected in an appropriate manner by constructing a proper fencing or compound wall. As per Ext.P4 judgment, the 8[th] respondent Devaswom was directed to take necessary steps in that regard, as expeditiously as possible, at any rate, within a period of three months from the 12 W.P.(C)No.17058 of 2023 date of receipt of a certified copy of that judgment. 12. The temple property covered by Ext.P1 Adangal Extract, known as ‘Choyi Ambalam’, which absolutely belongs to Sree Annapoorneswari Temple under the 8[th] respondent Cherukunnu Sree Annapoorneswari Devaswom, where indispensable and centuries old customary rites and ceremonies are being held in connection with the Annual Festival of the said Devaswom, cannot be permitted to be used for conducting ‘Gramolsavam’ and ‘Mega Event’, as proposed in Ext.P8 public notice issued by respondents 9 to 11, or for any similar activities. 13. The conduct of respondents 9 to 11 in putting up structures seen in Ext.P7 photograph near ‘Choyi Ambalam’, where indispensable and centuries old customary rites and ceremonies are being held in connection with the Annual Festival of the 8[th] respondent Cherukunnu Sree Annapoorneswari Devaswom, has to be deprecated in the strongest words and we do so. 14. It is for the 4[th] respondent Station House Officer to proceed with the complaint made by the Executive Officer of the 8[th] respondent Devaswom, in accordance with law. The Executive Officer of the 8[th] respondent Devaswom shall take necessary steps to ensure strict compliance of the directions contained in Ext.P4 13 W.P.(C)No.17058 of 2023 judgment of this Court dated 04.04.2023 in W.P.(C)No.38734 of 2022. The Executive Officer shall not permit the use of temple property covered by Ext.P1 Adangal Extract, known as ‘Choyi Ambalam’, for conducting ‘Gramolsavam’ and ‘Mega Event’, as proposed in Ext.P8 public notice, or for any similar activities. The writ petition is disposed of as above. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV 14 W.P.(C)No.17058 of 2023 ## **`APPENDIX OF WP(C) 17058/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 TRUE COPY OF THE ADANGAL EXTRACT DATED NIL (RELEVANT PAGES ONLY) OBTAINED BY THE PETITIONER FROM THE REGIONAL ARCHIVES, CIVIL STATION, KOZHIKODE ``` ``` Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS OF "CHOYI AMBALAM" WHICH IS THE PROPERTY COVERED BY EXT.P1 ``` ``` Exhibit P3 TRUE COPY OF THE PUBLIC NOTICE DATED NIL PUBLISHED AND CIRCULATED BY THE 9TH RESPONDENT ``` ``` Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 04-04- 2023 IN W.P.(C) NO.38734 OF 2022 ``` ``` Exhibit P5 TRUE COPY OF THE NOTICE DATED NIL PUBLISHED BY THE RESPONDENTS 9 TO 11 Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 18-05- 2023 SUBMITTED BY THE PETITIONER TO THE 8TH RESPONDENT Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE STAGE NEAR THE TEMPLE ``` ``` RESPONDENT EXHIBITS ``` ``` EXHIBIT R8(A) TRUE COPY OF THE NOTICE DATED 22-05-2023 ISSUED BY THE 8TH RESPONDENT TO THE 9TH RESPONDENT ``` ``` EXHIBIT R8(B) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 24-05-2023 ``` ``` EXHIBIT R8(C) TRUE COPY OF THE COMPLAINT DATED NIL (LODGED ON 24-05-2023) BY THIS RESPONDENT BEFORE THE 4TH RESPONDENT EXHIBIT R8(D) TRUE COPY OF THE RECEIPT DATED 24-05- 2023 ISSUED BY THE 4TH RESPONDENT FOR HAVING RECEIVED EXHIBIT R8(C) COMPLAINT ``` 15 W.P.(C)No.17058 of 2023 ``` EXHIBIT R8(E) ``` ``` TRUE COPY OF THE APPLICATION DATED 24- 05-2023 SUBMITTED BY THE 9TH RESPONDENT ON 25-05-2023 TO THE 8TH RESPONDENT ``` ``` EXHIBIT R8(F) TRUE COPY OF THE CAVEAT PETITION (UNNUMBERED) DATED 25-05-2023 LODGED BY SRI.K.MOHANAN, PRESIDENT OF THE 9TH RESPONDENT SAMITHI ``` ``` EXHIBIT R8(G) TRUE COPY OF THE LETTER DATED 26-05-2023 ISSUED BY THE MANAGER OF THE 8TH RESPONDENT DEVASWOM TO THE 4TH RESPONDENT ```