Sri Narayanan Kutty K. v. The Secretary, Cochin Devaswom Board, The Special Devaswom Commissioner, Cochin Devaswom Board, Thrissur (and Addl. R3 Cochin Devaswom Board)

## **`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 DBP NO.83OF 2023 ``` ``` IN THE MATTER OF COCHIN DEVASWOM BOARD-REPORT NO.32/2023 IN COMPLAINT NO.105/2023 – IN THE MATTER OF WADAKKUMNATHAN TEMPLE – ALLEGATIONS AGAINST THE UNTOWARD INCIDENTS ON ``` ``` POORAM DAY – SUO MOTU PROCEEDINGS INITIATD – REG. ``` ## **`PETITIONER:`** ``` SRI. NARAYANAN KUTTY K., 28/575/3, PALIYAM ROAD, THRISSUR-680 001 ``` ``` BY ADVS.RAAJESH S.SUBRAHMANIAN V.R.RAJESH(K/257/2008) ``` ## **`RESPONDENTS:`** ``` 1 THE SECRETARY COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR 2 THE SPL. DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR ``` ``` *ADDL.R3 COCHIN DEVASWOM BOARD ``` ``` ROUND NORTH THRISSUR PIN- 680001 REPRESENTED BY ITS SECRETARY *IS SUO MOTU IMPLEADED AS THE ADDITIONAL 3RD RESPONDENT VIDE ORDER DATED 08/09/2023 IN DBP 83/2023 ``` ``` SRI K.P.SUDHEER – SC - COCHIN DEVASWOM BOARD ; SRI P.RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 DBP No.83 of 2023 ## **ORDER** ## Anil K. Narendran, J. This DBP is registered based on Report No.32 of 2023 of the learned Ombudsman in Complaint No.105 of 2023, which was one filed by the petitioner-complainant, raising allegations relating to untoward incidents which occurred on the Pooram day of 2023 in Sree Vadakkumnathan Temple, which is under the management of the Additional 3[rd] respondent Cochin Devaswom Board. The report of the learned Ombudsman reads thus; “This is a Public Interest Litigation filed by Sri.Narayanankutty raising allegations relating to certain untoward incidents which occurred on Pooram day, 2023 in Wadakkumnathan Temple. According to him, the incidents are against the Temple rituals and practices. A copy of the complaint is produced as Annexure O1. A reply has been filed by the Cochin Devaswom Board, copy of which is produced as Annexure O2. It is submitted by the Cochin Devaswom Board in their reply that similar allegations were reported in the news paper “Keala Kaumudi” dated 10.05.2023 on which the Honourable High Court has registered a suo motu case and the same is pending as DBP No.32/2023 for consideration. Therefore, this complaint is also referred to the Honourable High Court for consideration and appropriate orders.” 2. On 08.09.2023, when this DBP came up for consideration, having considered the averments in Annexure O1 complaints dated 16.05.2023 and 08.05.2023 and the 3 DBP No.83 of 2023 photographs produced therewith, this Court directed the additional 3[rd] respondent Cochin Devaswom Board to file an affidavit explaining the facts and circumstances, within a period of three weeks. By the order dated 08.09.2023, it was ordered that the directions contained in the order of this Court dated 26.07.2023 in DBP No.32 of 2023 and that contained in the order dated 26.07.2023 in DBP No.35 of 2023 are complied with in letter and spirit, by all concerned. 3. In terms of the order of this Court dated 08.09.2023, an affidavit dated 15.12.2023 of the Secretary of the additional 3[rd] respondent Board is placed on record, producing therewith Annexure R3(a) order dated 26.07.2023 in DBP No.32 of 2023. 4. Heard the learned counsel for the petitionercomplainant, the learned Standing Counsel for Cochin Devaswom Board for respondents 1 to 3 and also the learned Amicus Curiae for the learned Ombudsman. 5. Complaint No.105 of 2023 filed before the learned Ombudsman pertains to certain untoward incidents, which occurred on the Pooram day of 2023 in Sree Vadakkumnathan Temple. In the complaint, it is alleged that such incidents are against temple rituals and practices. The learned Ombudsman, 4 DBP No.83 of 2023 by Report No.32 of 2023, referred the complaint to this Court, taking note of the pendency of DBP No.32 of 2023. 6. The Travancore-Cochin Hindu Religious Institutions Act, 1950, was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in sub-section (1), the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the Pazhayannur 5 DBP No.83 of 2023 Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin. 7. Section 62A of the Act, inserted by Act 14 of 1990, deals with Devaswom properties. As per Section 62A, all immovable properties vested in the Cochin Devaswom Board - under sub section (1) of Section 62 shall be dealt with as Devaswom Properties. The provisions of the Kerala Land Conservancy Act, 1957 shall be applicable to Devaswom lands as in the case of Government lands. As per Section 62B, all unassigned lands belonging to the Devaswom under the sole management of the Board shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 and all the provisions of that Act shall, so far as they are applicable, apply to such lands. 8. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such 6 DBP No.83 of 2023 purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund. 9. Section 73A of the 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. 10. Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of subsection (2) of Section 62, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Cochin prior to the 1[st] day of July, 1949 in respect of incorporated and unincorporated 7 DBP No.83 of 2023 Devaswoms and Institutions shall vest in and be exercised by the Board in accordance with the provisions of the Act. Section 74 of the Act deals with superintendence and control by the Board. As per Section 64, the Board shall, subject to the provisions of Part II of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 11. DBP No.32 of 2023 was registered _suo motu_ based on a news item that appeared in Kerala Kaumudi daily dated 10.05.2023 regarding the entry of Assistant Devaswom Commissioner, Thrissur, Law Officer and other Senior Officials of the Cochin Devaswom Board in the Thekke Gopuranada of Sree Vadakkumnathan Temple, which is in a dilapidated condition. The photograph, which forms part of that news report, showed a heap of plastic containers used for distributing food and also empty pet bottles near the Thekke Gopuranada of Sree Vadakkumnathan Temple. The news report contained serious allegations against the Devaswom Officials, Members of the Temple Advisory Committee of Sree Vadakkumnathan Temple and the officials of Thrissur Municipal Corporation. As per the news report, ‘Sudhi-Karmam’ in Sree Vadakkumnathan Temple was conducted on 10[th] , 11[th] and 12[th] . 8 DBP No.83 of 2023 12. DBP No.32 of 2023 was disposed of by the order dated 26.07.2023. Paragraphs 12 to 16 of that order read thus; “12. The stand taken in the affidavit filed on behalf of the 2[nd] respondent Cochin Devaswom Board is that Thekke Gopuranada of Vadakkumnatha Temple was renovated, which is not in a dilapidated condition as alleged in the news item. The office of the Archaeology Department and the storeroom are functioning in Thekke Gopuram. There is no restriction in entering Thekke Gopuram by the Archaeology Department and news reporters and their photographers were taking photographs from Thekke Gopuranada during Kudamattom, in connection with Thrissur Pooram festival. The officials of the Devaswom never used footwear inside the temple compound. ‘Shudhi karmam’ will be carried out in Vadakkumnatha Temple after every Pooram festival. 13. The photograph, which forms part of the news report that appeared in Kerala Kaumudi daily dated 10.05.2023, shows a heap of plastic containers used for distributing food and also empty pet bottles near the Thekke Gopuranada of Vadakkumnatha Temple. In the affidavit filed on behalf of the 2[nd] respondent Cochin Devaswom Board is that the officials of the Devaswom have not distributed any food items inside the temple or kept any plastic containers or pet bottles inside the Kshethra mathilkettu. The allegation that on Pooram day, a liquor party was conducted inside the kshetra mathilkakam is also incorrect. As a matter of fact, on Pooram day, regular poojas and rituals were performed in Vadakkumnatha Temple. It is also totally incorrect that non-vegetarian food 9 DBP No.83 of 2023 was distributed during the Pooram festival. If any such incident as alleged has taken place, the 2[nd] respondent is duty bound to take appropriate disciplinary actions against the erring officials. 14. 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 73A of the Travancore-Cochin Hindu Religious Institutions Act, the Cochin Devaswom Board and its officials have to ensure that the festivals in Vadakkumnatha 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. 15. In the judgment dated 28.03.2003 in O.P. No. 8521 of 2003 and C.M.Ps in DBA. No. 143 of 2002 a Division Bench of this Court permitted the use of the exhibition ground in Thekkinkad Maidan for conducting Onam Fair by Civil Supplies Corporation, etc. Based on CDB Report No. 125 of 2010 of the learned Ombudsman, DBP. No. 48 of 2010 was initiated, which was disposed of by the order dated 08.07.2013, making the interim order dated 08.06.2011 in that DBP absolute. The said interim order is extracted in paragraph 2 of the order dated 08.07.2013. Paragraph 10 of the interim order dated 08.06.2011 is extracted hereunder; 10 DBP No.83 of 2023 “10. We are also told that there are no hoardings and advertisement boards inside Thekkindkadu Maidan, we also further direct that the Secretary, Cochin Devaswom Board will ensure that the entire Thekkinkadu Maidan is - kept plastic free. The Secretary of the Thrissur Corporation is also directed to ensure that the environmental safety levels are maintained in - connection with plastic and non biodegradable and also biodegradable substances insofar as Thekkinkadu Maidan is concerned particularly because it is an area which attracts the public.” 16. Therefore, the 2[nd] respondent Cochin Devaswom Board and the 7[th] respondent Thrissur Municipal Corporation shall ensure that the entire Thekkinkadu Maidan is kept plasticfree and that the environmental safety levels are maintained in the entire Maidan in connection with plastic and non-biodegradable and also biodegradable substances.” 13. DBP No.35 of 2023 was registered based on report No.13 of 2023 in Complaint No.136A of 2022 of the learned Ombudsman in a compliant made by the petitioner hereincomplainant. The allegations in that complaint were mainly regarding the manner in which Sree Vadakumnathan Temple compound is being maintained. By another order dated 26.07.2023, DBP No.35 of 2023 was disposed of. Paragraphs 13 and 14 of that order read thus; “13. The common issue raised in W.P.(C)Nos.26499 of 11 DBP No.83 of 2023 2018 and 4617 of 2022 relates to the protection of Vadakkumnatha Kshetra Maidan (Thekkinkadu Maidan). Those writ petitions were disposed of by a common judgment dated 11.04.2023 **[K.B.Sumodh v. Commissioner, Cochin Devaswom Board and others - 2023:KER:25530]** . In the said decision, this Court held that Vadakkumnatha Kshethra Maidan (Thekkinkadu Maidan) is a Devaswom land, which is managed by the Cochin Devaswom Board as a trustee in management of Devaswom property, in terms of the provisions of the Travancore Cochin Hindu Religious Institutions Act. There is no dispute on this fact. That being so, there cannot be any activity in Thekkinkadu Maidan, except in accordance with the objects of the trust. Paragraphs 32 to 35 of the said judgment read thus; “32. By the order dated 08.07.2013, DBP No.48 of 2010 initiated based on CDB Report No.125 of 2010 of the learned Ombudsman, was disposed of, making the interim order dated 08.06.2011 in that DBP absolute. The said interim order dated 08.06.2011, which was extracted in paragraph 2 of the order dated 08.07.2013 in DBP No.48 of 2010, has already been extracted hereinbefore at paragraph 22. In terms of the said order, there shall be no construction, beautification or other activities in the Thekkinkadu Maidan by the Government or the Corporation of Thrissur or any other authority without obtaining specific orders from this Court. It was further directed that there shall be no construction activity by the Cochin Devaswom 12 DBP No.83 of 2023 Board in the Thekkinkadu Maidan without obtaining specific orders from this Court. It was made clear that, this inhibition will not cover such temporary structures which are necessary in connection with Pooram, festivals, rituals, exhibitions, etc. In the order dated 08.07.2013 in DBP No.48 of 2010, this Court has made absolute, the prohibition contained in the interim order dated 08.06.2011 that there are no hoardings and advertisement board inside Thekkindkadu Maidan. The Secretary, Cochin Devaswom Board, was directed to ensure that - the entire Thekkinkadu Maidan is kept plastic free and the Secretary, Thrissur Municipal Corporation was directed to ensure that the environment safety level is maintained in - connection with plastic and non biodegradable and also biodegradable substances, insofar as Thekkinkadu Maidan is concerned. In the order dated 08.06.2011, this Court directed that no other programmes except those permitted will be undertaken without specific orders of this Court. The said order was made absolute in the order dated 08.07.2013 in DBP No.48 of 2010, wherein it was ordered that all the directions will remain as such for future application. 33. DBP No.78 of 2013 was registered based on CDB Report No.81 of 2013 of the learned Ombudsman in Petition No.23 of 2013 filed by the Cochin Devaswom Board seeking permission to use Thekkinkadu Maidan for commercial 13 DBP No.83 of 2023 purposes like conducting exhibitions, etc. In the order dated 30.09.2013, the Division Bench noticed that, apart from seeking permission as aforesaid, permission was also sought for allowing political parties to conduct meetings, etc., in Thekkinkadu Maidan. The Division Bench found that, the view taken in paragraph 3 of the order dated 08.07.2013 in DBP No.48 of 2010 is that only restricted activities can be permitted in Thekkinkadu Maidan apart from using it in connection with Thrissur Pooram Festival. Therefore, in the order dated 30.09.2013 in DBP No.78 of 2013, the Division Bench took a view that, if any other unrestricted activities are permitted, it will have an adverse impact on the property which is one of the important locations as far as the entire town is concerned. Therefore, the order passed in DBP No.48 of 2010 will take care of all matters which may arise in future. In the said order, the Division Bench clarified that, whenever fresh applications or proposals are received from interested parties, the Cochin Devaswom Board will place the matter before this Court for consideration and only after sanction by this Court any such activities can be permitted. 34. In view of the orders referred to hereinbefore, any activity other than those permitted in terms of those orders, can be permitted in Thekkinkadu Maidan, which is a Devaswom land, which is managed by the 14 DBP No.83 of 2023 Cochin Devaswom Board as a trustee in management of Devaswom property can be permitted only after sanction by this Court. It is ordered accordingly. 35. The photographs placed on record as Ext.P8 series in W.P.(C)No.26499 of 2018 would show that the directions contained in the order dated 08.07.2013 in DBP No.48 of 2010 that the entire - Thekkinkadu Maidan is kept plastic free and that, the environment safety level is maintained in Thekkinkadu Maidan, in connection with plastic and non-biodegradable and also biodegradable substances, are being openly flouted by the Cochin Devaswom Board and also the Thrissur Municipal Corporation. The photographs placed on record as Exts.P4 and P5 in W.P.(C)No.4617 of 2022 would show that hoardings, advertisement boards and flags of political parties are erected inside Thekkinkadu Maidan, openly flouting the directions contained in the order of this Court dated 08.07.2013 in DBP No.48 of 2010. It is for the Cochin Devaswom Board and its officials to ensure strict compliance of the directions contained in the order of this Court dated 08.07.2013, while maintaining Thekkinkadu Maidan, which is a Devaswom land, which is being managed by the Board as a trustee in management of Devaswom properties. No hoardings, advertisement boards or flags of political parties shall be erected inside Thekkinkadu Maidan. Musical concerts by Rock 15 DBP No.83 of 2023 Bands, similar to that conducted on 31.12.2022, as ‘new year event’ in connection with Thrissur shopping festival of Thrissur Municipal Corporation and Thrissur Chamber of Commerce, as evidenced by Ext.P10(a) photographs and Ext.P10(b) to P10(d) videographs cannot be permitted in Thekkinkadu Maidan. It is ordered accordingly.” 14. By the order dated this date in DBP No.32 of 2023, the 2[nd] respondent Cochin Devaswom Board and the additional 8[th] respondent Thrissur Municipal Corporation were directed to ensure that the entire Thekkinkadu Maidan is kept plastic-free and that the environmental safety levels are maintained in the entire maidan in connection with plastic and non-biodegradable and also biodegradable substances. In addition to the directions contained in the said order, it is ordered that the directions contained in the common judgment in **K.B.Sumodh v. Commissioner, Cochin Devaswom Board and others [2023:KER: 25530]** shall be scrupulously followed by the Cochin Devaswom Board and Thrissur Municipal Corporation. Musical concerts by Rock Bands similar to that conducted on 31.12.2022 as ‘new year event’ in connection with Thrissur Shopping Festival and similar activities creating noise pollution and disturbance to the temple rituals and ceremonies shall not be permitted in Thekkinkadu Maidan, which is a Devaswom property. No part of Thekkinkadu Maidan shall be used by Cochin Devaswom Board or Thrissur Municipal Corporation for the disposal of biodegradable or non-biodegradable waste generated during Thrissur Pooram Festival, exhibitions, etc. The 16 DBP No.83 of 2023 Cochin Devaswom Board shall deploy sufficient number of security staff for watch and ward duty in Thekkinkadu Maidan. The additional 5[th] respondent Circle Inspector of Police shall ensure regular patrolling by the police to ensure that Thekkinkadu Maidan, which is a Devaswom property, is not used for any illegal activities, in any manner.” 14. 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. 15. 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 17 DBP No.83 of 2023 cannot be permitted in the premises of Sree Vadakumnathan Temple. It is for the Cochin Devaswom Board and its officials to ensure that the daily worship and ceremonies and all the festivals in Sree Vadakumnathan Temple are conducted according to the usage. The entry of youths and others wearing footwear in the temple premises shall not be permitted. Every worshiper who shows reverence and adoration for the deity Sree Vadakumnathan has to exercise his right of worship in an accustomed manner and subject to the practice and tradition in Sree Vadakumnathan Temple. In the above circumstances, this DBP is disposed of by directing the Cochin Devaswom Board and its officials to ensure that the directions contained in the orders of this Court dated 26.07.2023 in DBP No.32 of 2023 and DBP No.35 of 2023 and that contained in this order are complied with in letter and spirit, by all concerned, during pooram days. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** AV/19/12 18 DBP No.83 of 2023 ## **`APPENDIX OF DBP 83/2023`** ``` RESPONDENT ANNEXURES ``` ``` ANNEXURE R 3 ( A ) TRUE COPY OF ORDER DATED 26.07.23 IN DBP NO.32 OF 2023 BY THIS HONOURABLE COURT ```