Sinilkum ar E.K. v. Travancore Devaswom Board 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 TUESDAY, THE 27[TH] DAY OF JUNE 2023 / 6TH ASHADHA, 1945 WP(C) NO. 12417 OF 2023 ``` ## **`PETITIONER/S:`** ``` SINILKUMAR.E.K., AGED 44 YEARS S/O KUNJAPPAN, KANNIKKATTU, CMC NO.15, MARUTHORVATTOM P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN – 688 539 ``` ``` BY ADVS. B.PRAMOD BIJU VIGNESWAR ``` ## **`RESPONDENT/S:`** ``` 1TRAVANCORE DEVASWOM BOARD - TDB DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA, REP. BY ITS SECRETARY., PIN - 695003 ``` ``` 2THE COMMISSIONER, THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA, PIN - 695003 ``` ``` 3THE SUB GROUP OFFICER, CHERTHALA KARTHIYANI DEVI TEMPLE, CHERTHALA P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524 ``` ``` 4THE TEMPLE ADVISORY COMMITTEE, CHERTHALA KARTHIYANI DEVI TEMPLE, CHERTHALA P.O., CHERTHALA, ALAPPUZHA. REPRESENTED BY ITS SECRETARY., PIN - 688524 ``` - **`5 THE STATION HOUSE OFFICER,`** 2 W.P.(C)No.12417 of 2023 ``` CHERTHALA POLICE STATION, CHERTHALA, ALAPPUZHA, PIN – 688524 ``` - **`THE DISTRICT POLICE CHIEF, DISTRICT POLICE`** - **`ADDL.6. OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA *ADDL.R6 IS IMPLEADED AS PER ORDER DATED 04.04.2023 IN W.P.(C)NO.12417 OF 2023`** ``` 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 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.12417 of 2023 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioner, who is a devotee of Sree Karthyayani Devi Temple, Cherthala, which is under the management of the 1[st] respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 and 4, namely, the Sub Group Officer, Sree Karthyayini Devi Temple, Cherthala and the Temple Advisory Committee of that temple to see that no dancing or singing of obscene songs is performed in the premises of Sree Karthyayani Devi Temple, Cherthala during the Pooram festival on 04.04.2023. The petitioner has also sought for a writ of mandamus commanding the 5[th] respondent Station House Officer, Cherthala Police Station, to maintain law and order and ensure the orderly conduct of the Pooram festival on 04.04.2023 in Sree Karthyayani Devi Temple, Cherthala, by deploying a sufficient number of Police personnel in the temple premises. 2. Going by the averments in the writ petition, the annual festival of Sree Karthyayani Devi Temple, Cherthala lasts for 8 days. The 5[th] , 6[th] and 7[th] days of the festival are known as ‘Ayilyam Maholsavam’, ‘Makam Maholsavam’ and ‘Pooram 4 W.P.(C)No.12417 of 2023 Maholsavam’. The document marked as Ext.P1 is a printout of the information published by the Kerala Tourism Department in its official website regarding the annual festival in Sree Karthyayani Devi Temple. In the writ petition, it is alleged that, in connection with Ayilyam Maholsavam there is observance of a custom known as ‘Ayilyam Padayani’ (a kind of procession), which starts from a nearby place and ends in the temple premises. Male devotees would join the procession by dancing to the rhythm of percussion instruments. In connection with Makam Maholsavam, there would be observance of a similar custom known as ‘Makam Padayani’, which starts from another place and ends in the temple premises. There would be observance of a custom known as ‘Pooram Vela Thullal’ on the Pooram Maholsavam day. That procession also starts from a nearby temple and ends in the temple premises. In Pooram Vela Thullal, devotees would be singing songs playfully abusing the Goddess to commemorate the way in which the idol was consecrated in the temple long back. But this practice/custom would be confined to a place away from the temple premises and will not be allowed to be performed in the precincts of the temple. In fact, a place, which is away from the temple has been earmarked for the performance of this custom and that 5 W.P.(C)No.12417 of 2023 place is separated by the erection of stones known as ‘Poorakallu’. But, sometimes in the past, this performance of ‘Pooram Vela Thullal’ had crossed the limits of morality and decency and the timely intervention of Devaswom Board officials and Police ensured orderly conduct of the festival. Document marked as Ext.P2 is the notice published in connection with the annual festival in Sree Karthyayani Temple for the current year. The festival commenced on 29.03.2023 and ended on 05.04.2023. During the current year, on the Ayilyam and Makam Maholsavam, which were on 02.04.2023 and 03.04.2023 respectively, groups of inebriated youth came in large numbers and started singing explicitly obscene and vulgar songs and dancing in the ‘Anapanthal’ in front of sanctum sanctorum. These groups of youth rang the temple bells incessantly to the rhythm of the songs. This disorderly behaviour, which lasted for hours during the night, affected the serene atmosphere in the temple and caused much inconvenience and hardship to the devotees, especially women devotees. Many of those youth were wearing shoes/sandals, the use of which is prohibited in the temple compound. They came after consuming alcohol and even drugs and they were behaving in an uncontrolled and unruly way. The document 6 W.P.(C)No.12417 of 2023 marked as Ext.P3 are few photographs showing the disorderly behaviour of youths in front of the sanctum sanctorum. The 3[rd] respondent Sub Group Officer or the 4[th] respondent Temple Advisory Committee did not take any steps to control those unruly elements and the Police, who are supposed to maintain law and order, were not seen inside the temple premises. When the petitioner approached respondents 3 and 4, they took an indifferent stand that in fact they were afraid of even announcing through the public addressing system, the unruly youths to keep away themselves from the precincts of the temple. Though many of the devotees, especially women were angry at the activities of the youth, and the vitiated atmosphere, they were afraid of protesting. Apprehending that similar activities will vitiate the serene and divine atmosphere in the temple, on 04.04.2023, on the Pooram Maholsavam, the petitioner has moved this writ petition seeking the aforesaid reliefs. 3. On 04.04.2023, when this writ petition came up for admission, the District Police Chief, Alappuzha was _suo motu_ impleaded as the additional 6[th] respondent. This Court admitted the writ petition on file. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 to 7 W.P.(C)No.12417 of 2023 3. Urgent notice by special messenger was ordered to the 4[th] respondent, returnable by 10.04.2023. The learned Senior Government Pleader took notice for the 5[th] respondent and also for the additional 6[th] respondent. This Court passed an interim order dated 04.04.2023. Paragraphs 6 and 7 of that order read thus; “6. In exercise of the statutory duties under Section 15A of the Act, it is for respondent Nos.1 to 3 to take necessary steps to ensure that all ceremonies in connection with the Ayilyam – Pooram Maholsavam in Cherthala Sree Karthyayani Devi Temple are conducted strictly according to the usage. 7. The 5[th] respondent, SHO and the additional 6[th] respondent, District Police Chief shall ensure that there are no law and order issues in connection with the temple festival in question.” 4. On 06.04.2023, the petitioner filed I.A.No.1 of 2023 seeking an order to accept Ext.P4 photographs as additional documents, and I.A.No.2 of 2023 seeking an order directing the respondents to see that the annual festival especially the “Ayilyam”, “Makam” and “Pooram” Maholsavams in Sree Karthyayani Devi Temple, Cherthala in the coming years are conducted in an orderly manner without violation of the custom, usage and tradition being followed therein and especially ensuring that the following things do not take place in the 8 W.P.(C)No.12417 of 2023 temple compound (i) no dancing and singing of obscene songs (ii) entry of people in inebriated mood/condition and use of footwear in the temple compound. 5. In the affidavit filed in support of those interlocutory applications, the petitioner has stated that he was constrained to approach this Court apprehending recurrence of vulgarity and hooliganism that occurred in the precincts of the temple in connection with the rituals on 02.04.2023 and 03.04.2023. In those days, groups of people especially young men wearing shoes/sandals danced to the tune of obscene songs sang aloud in the Aanapanthal, which is in front of the sanctum sanctorum, and the same caused much inconvenience and hardship to the devotees, especially women devotees. It was in the said circumstances, the petitioner sought specific direction to the respondents to see that such events do not repeat on the pooram day, i.e., on 04.04.2023. This Court passed an interim order on 04.04.2023, directing respondents 1 to 3 to see that the said ritual and festival are conducted strictly in accordance with the usage in the temple and the 5[th] respondent was directed to ensure the maintenance of law and order during the festival. But, the said interim order was observed only in the breach. 9 W.P.(C)No.12417 of 2023 6. In the affidavit, it is stated that the situation was worse on 04.04.2023. The Aanappanthal was exclusively occupied by groups of men, especially youth in inebriated condition, singing obscene songs and dancing for hours. Majority of those youth were wearing shoes/sandals as well, which are prohibited inside the temple compound. Some of them were ringing the temple bell continuously, as evident from Ext.P4 photographs showing the hooliganism showcased by people in front of the sanctum sanctorum of the temple. As pleaded in the writ petition, such kinds of activities are not part of the festival. Even though, there has been a usage/practice of "Pooram Vela Thullal", the same was not supposed to cross the limits of morality or decency. What was used to be sung was the songs playfully abusing the Goddess and that activity is to be confined to the area outside the temple earmarked for the said purpose. Singing obscene songs and dancing in the temple premises is not supported by the tradition and custom in the temple. Though the petitioner and other devotees went to the office of the 3[rd] respondent, who was supposed to take action in terms of the interim order passed by this Court, he was unavailable. The 5[th] respondent was also unavailable, though 10 to 15 policemen were seen outside the temple 10 W.P.(C)No.12417 of 2023 compound. 3 to 4 policemen, who were seen in the temple compound, remained as mute spectators to the hooliganism showcased in the temple. The conduct of respondents 4 and 5 is liable to be deprecated and it virtually amounts to contempt of court. In the affidavit, it is stated that there is every possibility of such incidents recurring in the festivals in future also. So necessary directions are to be given to the respondents to ensure that such vulgarity and hooliganism are not repeated and the temple festival is conducted in an orderly manner, suiting the serene atmosphere of the temple. 7. On 10.04.2023, when this writ petition came up for consideration, the service of notice on the 4[th] respondent Temple Advisory Committee was complete. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to what transpired in Sree Karthyayani Devi Temple on 04.04.2023, in connection with 'Pooram Vela Thullal' at 4.00 p.m. 8. On 12.04.2023, when this writ petition came up for consideration, having perused the photographs placed on record as Ext.P4 series, this Court directed the 5[th] respondent Station House Officer to be personally present in court on 13.04.2023 at 12:00 p.m. The learned counsel for the 11 W.P.(C)No.12417 of 2023 petitioner submitted that a soft copy of Ext.P4 series of photographs and also the video clippings shall be placed on record in a CD, along with an application to accept additional documents, and that a copy of the CD shall be handed over to the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board on 12.04.2023 itself. Accordingly, on 12.04.2023, the petitioner filed I.A.No.3 of 2023, seeking an order to accept Ext.P5 photographs and video footage of ‘Pooram Vela Thullal’ in Sree Karthyayani Devi Temple on 04.04.2023, in a USB drive. 9. On 13.04.2023 when this matter is taken up for consideration, the 3[rd] respondent Sub Group Officer and the 5[th] respondent Station House Officer were personally present in Court. The petitioner has placed on record Ext.P5 photographs and video footage of ‘Pooram Vela Thullal’ in Sree Karthyayani Devi Temple on 04.04.2023, in a USB drive. The 3[rd] respondent Sub Group Officer of Cherthala Karthyayini Devi Temple was also personally present in Court. 10. Heard the learned counsel for the petitioner, learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3, the learned Senior Government Pleader for the 5[th] respondent and also for the additional 6[th] respondent. 12 W.P.(C)No.12417 of 2023 Despite service of notice, none appears for the 4[th] respondent Temple Advisory Committee of Sree Karthyayani Devi Temple. 11. 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. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. As per Section 15A of the Act, 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. As per Section 31 of the Act, 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 13 W.P.(C)No.12417 of 2023 heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 12. Section 31A of the Act deals with the formation of the Temple Advisory Committees. As per subsection (1) of Section 31A of the Act, a Committee for each temple in the name ‘Temple Advisory Committee’ (name of the temple) may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2) of Section 31A, the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3) of Section 31A, the composition of an Advisory Committee under sub-section (1) shall be in such manner as may be prescribed by the rules made by the Board, not inconsistent with any practice prevailing, if any. In terms of sub-section (3) of Section 31A of the Act, the Travancore Devaswom Board framed the Rules for the formation of Temple Advisory Committees in the temples under the management of the Board, with has been approved by this Court vide order dated 03.11.2011. in DBA No. 153 of 2009. 13. Clause (2) of the Rules deals with objectives of the Temple Advisory Committees. As per Clause (2) of the Rules, 14 W.P.(C)No.12417 of 2023 one of the objectives of the Temple Advisory Committee is to formulate schemes for the betterment and development of the Temple, submit the same before the Board and execute it with the approval of the Board. The Advisory Committee shall collect donations from the devotees for the smooth functioning of the temple activities and festivals only with the permission of the Department. 14. Clause (3) of the Rules deals with membership. Clause (3) of the Rules makes it explicitly clear that the membership in ‘registered mandalam’ is mainly for the devotees who are residing within a distance of 5kms from the temple, who are regular worshipers and had contributed considerably for the betterment of the temple and the devotees. Sub-clauses (i) to (iv) of Clause (3) of the Rules deal with class of persons who are entitled to get membership. 15. In **Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290]** , this Court held that, in view of the provisions of the TravancoreCochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed 15 W.P.(C)No.12417 of 2023 promptly; and to establish and maintain proper facilities in Vellayani Bhadrakali Devi Temple for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Vellayani Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of a temple under the management of the Travancore Devaswom Board, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. According to Oxford Dictionary, ‘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 practice and tradition in each temple. A worshipper or a devotee has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board. Similarly, the District Administration or the Police cannot insist that 16 W.P.(C)No.12417 of 2023 only ‘politically neutral’ coloured decorative materials are used for temple festivals. Politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. ## 16. In **Rajalekshmi P. v. State of Kerala [2023 (3)** **KHC 491]** this Court held that, in view of the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Vellayani Bhadrakali Devi Temple are performed promptly and arrange for the conduct of the daily worship and ceremonies and of the festivals in Vellayani Bhadrakali Devi Temple according to the usage. The Temple Advisory Committee of the said temple, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound to render necessary assistance to the Board and its officials for the smooth functioning of the temple activities and festivals according to the usage. In that view of the matter, the writ petitioner cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Travancore Devaswom Board and its officials to include 17 W.P.(C)No.12417 of 2023 Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple, in violation of the accepted boundary limit followed from time immemorial. 17. In view of the provisions under the TravancoreCochin Hindu Religious Institutions Act referred to hereinbefore and also the law laid down in the decisions referred to supra, the Travancore Devaswom Board has a statutory duty to arrange for the conduct of daily worship and ceremonies and all the festivals in Cherthala Sree Karthyayani Devi Temple according to the usage. The 4[th] respondent Temple Advisory Committee of the said temple, which consists of devotees who fall under the eligibility criteria prescribed in Clause (3) of the Rules framed under sub-section (3) of Section 31A of the Act, is duty bound 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. 18. A few photographs and screenshots from the video footage of Pooram Vela Thullal in Cherthala Sree Karthyayani Devi Temple on 04.04.2023 taken from Ext.P5 USB drive produced along with I.A.No.3 of 2023 are re-produced hereunder; 18 W.P.(C)No.12417 of 2023 **==> picture [189 x 387] intentionally omitted <==** **==> picture [193 x 386] intentionally omitted <==** **==> picture [203 x 168] intentionally omitted <==** **==> picture [193 x 167] intentionally omitted <==** 19 W.P.(C)No.12417 of 2023 **==> picture [185 x 131] intentionally omitted <==** **==> picture [188 x 130] intentionally omitted <==** **==> picture [182 x 144] intentionally omitted <==** **==> picture [192 x 144] intentionally omitted <==** **==> picture [169 x 347] intentionally omitted <==** **==> picture [177 x 350] intentionally omitted <==** **==> picture [381 x 14] intentionally omitted <==** **----- Start of picture text -----**<br> 19. According to ‘Agama Sastra’ Hindu temples<br>**----- End of picture text -----**<br> 20 W.P.(C)No.12417 of 2023 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. According to Agama Sastra _‘uthsatanam pisasatheh preenanam sahareh paramsannithana mamarthyanam ghantaayachalanath baveth’_ , which means that ‘the bell is used to give sound for keeping evil forces away and the ring of the bell is pleasant to God’. 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 21 W.P.(C)No.12417 of 2023 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 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 22 W.P.(C)No.12417 of 2023 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, 23 W.P.(C)No.12417 of 2023 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 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 24 W.P.(C)No.12417 of 2023 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. With the above directions, this writ petition is disposed of. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** MIN 25 W.P.(C)No.12417 of 2023 ## **`APPENDIX OF WP(C) 12417/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 ``` ``` TRUE COPY OF THE PRINTOUT OF THE INFORMATION PUBLISHED BY THE KERALA TOURISM DEPARTMENT IN ITS OFFICIAL WEBSITE REGARDING THE FESTIVAL IN THE SREE KARTHIYANI DEVI TEMPLE, CHERTHALA ``` ``` Exhibit2 ``` ``` TRUE COPY OF THE NOTICE OF THE ANNUAL FESTIVAL OF THE SREE KARTHIYANI DEVI TEMPLE, CHERTHALA ``` ``` Exhibit3 ``` ``` PHOTOGRAPHS OF THE DISORDERLY BEHAVIOR OF THE PEOPLE IN FRONT OF SANCTORUM ``` ``` Exhibit P4 ``` ``` EXHIBIT P5 ``` ``` PHOTOGRAPH OF THE YOUNG MEN.PHOTOGRAPH OF THE HOOLIGANISM SHOWCASED BY PEOPLE IN FRONT OF THE SANCTUM SANCTORUM OF THE TEMPLE. ``` ``` USB PEN DRIVE CONTAINING THE PHOTOGRAPHS AND VIDEO FOOTAGE OF THE HAPPENINGS DURING THE “POORAM VELA THULLAL” IN THE TEMPLE ON 04.04.2023 ```