Velukuth Bhakthajana Samrakshana Sangam v. District Collector, Alappuzha; District Judge, Alappuzha; Travancore Devaswom Board; Superintendent of Police, Alappuzha; Station House Officer, Alappuzha North Police Station; Thekkank Pazhani Sree Subramanyam Swami Temple Devaswom

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR ``` ``` THURSDAY, THE 16[TH] DAY OF MARCH 2023 / 25TH PHALGUNA, 1944 ``` ``` WP(C) NO. 1600OF 2023 ``` ## **`PETITIONER:`** ``` VELUKUTH BHAKTHAJANA SAMRAKSHANA SANGAM REG NO.ALP/TC/14/2017 AVALOOKUNNU.P.O., ALAPPUZHA-688 006 REPRESENTED BY ITS SECRETARY SUMITH.M.S. AGED 40 YEARS S/O.SWAMINATHAN MUPPATHUVELI HOUSE, KALATHU WARD AVALOOKKUNNU.P.O., ALAPPUZHA, PIN - 688006 BY ADVS. KUMARI SANGEETHA S.NAIR E.S.SONI RESMI A. R.KRISHNA RAJ ``` ## **`RESPONDENTS:`** - **`1 DISTRICT COLLECTOR CIVIL STATION BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, PIN - 688001`** - **`2 DISTRICT JUDGE DISTRICT COURT ALAPPUZHA - VELIYANAD RD, KIDANGAMPARAMP, THATHAMPALLY, ALAPPUZHA- 688013`** - **`3 TRAVANCORE DEVASWOM BOARD DEVASWOM BOARD HEAD QUARTERS NANTHANCODE, THIRUVANANTHAPURAM REPRESETED BY ITS SECRETARY, PIN - 695003`** - **`4 SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE ALAPPUZHA CIVIL STATION WARD, ALAPPUZHA- 688012, PIN - 688012`** - **`5 STATION HOUSE OFFICER ALAPPUZHA NORTH POLICE STATION COIRFED LANE, SEA VIEW WARD, ALAPPUZHA, KERALA, PIN – 688001`** - **`6 THEKKAN PAZHANI SREE SUBRAMANYA SWAMY TEMPLE DEVASWOM`** - **`SOUTH ARYAD, AVALOOKKUNNU.P.O., ALAPPUZHA DISTRICT - REPRESENTED BY ITS SECRETARY,`** 2 ## W.P.(C)No.1600 of 2023 ``` PIN - 688006 ``` ``` BY ADVS. B.PRAMOD BIJU VIGNESWAR(KAR/171/1998) AYYAPPADAS V(K/001500/2018) ``` ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU- STANDING COUNSEL-TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ``` ``` ON 16.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.1600 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, namely, Velukuth Bhakthajana Samrakshana Sangam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 4 and 5, i.e., the District Police Chief, Alappuzha and the Station House Officer, Alappuzha North Police Station, to grant adequate police protection to the petitioner Sangam to perform Velukuth ritual during Thaipooyam festival in Thalavadi Subrahmanya Swami Temple, which is a temple under the management of the 6[th] respondent Thekkan Pazhani Sree Subrahmanya Swami Devaswom. The petitioner has also sought for an order directing the 2[nd] respondent District Judge, Alappuzha to consider and take action in Ext.P13 petition dated 11.01.2023, which is one filed by the petitioner, in terms of the directions contained in the order of the Apex Court in **Mrinalini Padhi v.** **Union of India [2018 SCC OnLine SC 667]** - order dated 05.07.2018 in W.P.(C)No.649 of 2018; and a writ of mandamus commanding Thalavadi Subrahmanya Swami Temple to allow the petitioner Sangam to perform Velukuth ritual during Thaipooyam festival scheduled to be held from 27.01.2023 to 05.02.2023, as 4 W.P.(C)No.1600 of 2023 done during the past years. 2. On 23.01.2023, when this writ petition came up for admission, a learned Single Judge of this Court passed the following order; “Since the relief sought for in W.P.(C)No.477 of 2023 is granted, the relief of police protection in this writ petition apparently cannot be allowed. The only surviving prayer being for consideration of Ext.P13 petition. The Registry shall post this writ petition for admission according to roster for consideration of the remaining prayer.” 3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1, 4 and 5 and the learned Standing Counsel for Travancore Devaswom Board for the 3[rd] respondent. 4. W.P.(C)No.477 of 2023 was one filed by a devotee of Thalavadi Subrahmanya Swami Temple seeking a writ of mandamus commanding the District Police Chief, Alappuzha and the Station House Officer, Alappuzha North Police Station to give adequate police protection for the smooth conduct of the Thaipooyam festival, which was scheduled to be conducted from 27.01.2023 to 05.02.2023, especially for the Kavady Ghosha Yathra on the Arattu day (05.02.2023), by ensuring that 'Velukuth' is not performed by Velukuthu Bhakthajana Samrakshana Sangam 5 ## W.P.(C)No.1600 of 2023 (petitioner herein) and others, who were arrayed as respondents 6 to 10 in that writ petition. By judgment dated 23.01.2023, the learned Single Judge disposed of W.P.(C)No.477 of 2023, whereby the District Police Chief, the Deputy Superintendent of Police and the Station House Officer, who were arrayed as respondents 2 to 4 in that writ petition were directed to afford adequate protection to Thekkan Pazhani Sree Subrahmanya Swami Temple to conduct the temple festival in accordance with its decision and to enforce the decision taken by it not to conduct Velukuthu and to afford necessary protection from any illegal obstructions or breach of peace by Velukuthu Bhakthajana Samrakshana Sangam (the petitioner herein) and others. Paragraphs 12 and 13 of the judgment dated 23.01.2023 in W.P.(C)No.477 of 2023 read thus; “12. In the above factual situation, I fail to see how respondents 6 to 10 can claim that they have the right to conduct the ritual in connection with the festival even in the light of the letter of the Thantri saying that such ritual does not form the part of the rituals connected with the temple. There are several allegations and counter allegations raised by the petitioner in the writ petition and the respondents against each other. However, in view of the fact that the 5[th] respondent, who has admittedly been conducting the festival of the temple, supports the contentions raised by the petitioner and in view of the fact that the learned Government Pleader submits on 6 W.P.(C)No.1600 of 2023 instructions from the S.H.O that on a complaint submitted by the petitioner, an enquiry was conducted and it was revealed that the majority of the persons in the locality and the devotees of the temple are in support of conduct of the festival without the ritual of velukuth, I am of the opinion that the prayer sought for is liable to be granted. 13. There will, accordingly, be a direction to respondents 2 to 4 to afford adequate protection to the 5[th] respondent to conduct the temple festival in accordance with its decision and to enforce the decision taken by it not to conduct velukuth and to afford necessary protection from any illegal obstructions of breach of peace by respondents 6 to 10 or anybody claiming through them.” 5. In view of the judgment of the learned Single Judge dated 23.01.2023 in W.P.(C)No.477 of 2023, the petitioner is not entitled for relief Nos. (a) and (c) sought for in this writ petition, i.e., a writ of mandamus commanding respondents 4 and 5 to grant adequate police protection to the petitioner to perform Velukuthu ritual during Thaipooyam festival in Thalavadi Subrahmanya Swami Temple; and a writ of mandamus commanding Thalavadi Subrahmanya Swami Temple to allow the petitioner to perform Velukuthu ritual during Thaipooyam festival scheduled to be held from 27.01.2023 to 05.02.2023, as done during the past years. 6. The further relief sought for in this writ petition is an order directing the 2[nd] respondent District Judge to consider and 7 ## W.P.(C)No.1600 of 2023 take action in Ext.P13 petition dated 11.01.2023 filed by the petitioner, in terms of the directions contained in the order of the Apex Court in **Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667]** . 7. In **Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667]** - order dated 05.07.2018 in W.P.(C)No.649 of 2018 - the Apex Court noticed that the issue of difficulties faced by the visitors, exploitative practices, deficiencies in the management, maintenance of hygiene, proper utilisation of offerings and protection of assets may require consideration with regard to all Shrines throughout the India, irrespective of religion practiced in such shrines. It cannot be disputed that this aspect is covered by List III Item 28 of the Seventh Schedule to the Constitution of India and there is need to look into this aspect by the Central Government, apart from State Governments. Section 92 of the Code of Civil Procedure, 1908 permits a court also to issue direction for making a scheme or making an arrangement for any charitable or religious institution. Accordingly, the Apex Court directed that, if any devotee moves the jurisdictional District Judge throughout the India with any grievance on the above aspect, the District Judge may either himself/herself or by assigning the issue/ 8 ## W.P.(C)No.1600 of 2023 matter to any other court under his/her jurisdiction examine above aspects and if necessary send a report to the High Court. The High Court will consider these aspects in public interest, in accordance with law, and issue such judicial directions as becomes necessary having regard to individual fact situation. 8. The learned Standing Counsel for Travancore Devaswom Board would point out that Thalavadi Subrahmanya Swami Temple is not a temple under the management of the Travancore Devaswom Board. 9. The relief sought for in Ext.P13 petition dated 11.01.2023 filed before the 2[nd] respondent District Judge, reads thus; “So it is most humbly prayed that this Hon'ble Authority may be pleased to conduct an enquiry and file a report as directed by the Apex Court in W.P.(C)No.649 of 2018 dated 05.07.2018 and take appropriate steps to see that the administration of Thalavadi Subrahmanya Swami Temple is streamlined as per the provisions of Ext.P1 bye laws and that the religious rites including Valukuth are permitted to be performed by the devotees.” 10. A reading of Ext.P13 petition would show that the grievance of the petitioner is against the decision taken in the meeting of the committee, which is in management of Thalavadi 9 ## W.P.(C)No.1600 of 2023 Subrahmanya Swami Temple, on 11.12.2022, wherein it was decided to stop the rituals of Velukuthu during Thaipooyam festival, which was scheduled to commence from 27.01.2023. The legality or otherwise of the said decision taken by the committee, which is in management of Thalavadi Subrahmanya Swami Temple cannot be decided by the 2[nd] respondent District Judge, in a petition filed in terms of the directions contained in the order of the Apex Court in **Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667]** . It is beyond the scope of enquiry contemplated by the said order of the Apex Court. 11. In such circumstances, the petitioner is not entitled for an order directing the 2[nd] respondent District Judge, Alappuzha to consider and take action on Ext.P13 petition dated 11.01.2023. In the result, this writ petition fails and the same is accordingly dismissed. No order as to costs. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** **yd** 10 W.P.(C)No.1600 of 2023 ## APPENDIX ## **`PETITIONER EXHIBITS`** |**`Exhibit P-1`**|**`TRUE COPY OF THE BYE LAW DATED NIL`**| |---|---| |**`ExhibitP-2`**|**`TRUE COPY OF THE MINUTES OF THE DEVASWOM`**| ||**`COMMITTEE CONVENED ON 14.12.2022`**| |**`Exhibit P-3`**|**`TRUE COPY OF THE APPLICATION SUBMITTED`**| ||**`UNDER THE RTI ACT DATED 28.10.2022`**| |**`Exhibit P-4`**|**`TRUE COPY OF THE REPLY GIVEN BY THE`**| ||**`TRAVANCORE DEVASWOM BOARD DATED`**| ||**`17.12.2022`**| |**`Exhibit P-5`**|**`TRUE COPY OF THE LETTER ISSUED BY`**| ||**`JAYATHULASEEDHARAN THANTHRI, THE`**| ||**`THANTHRI OF THE SAID TEMPLE DATED`**| ||**`13.12.2022`**| |**`Exhibit P-6`**|**`TRUE COPY OF THE LETTER ISSUED BY THE`**| ||**`1ST RESPONDENT TO THE SECRETARY OF THE`**| ||**`5TH RESPONDENT DATED 24.11.2021`**| |**`Exhibit P-7`**|**`TRUE COPY OF THE NOTICE OF THE FESTIVAL`**| ||**`OF THE YEAR 2004 DATED NIL`**| |**`Exhibit P-8`**|**`TRUE COPY OF THE NOTICE OF THE FESTIVAL`**| ||**`OF THE YEAR 2017 DATED NIL`**| |**`Exhibit P-9`**|**`TRUE COPY OF THE NOTICE OF THE YEAR 2018`**| ||**`DATED NIL`**| |**`Exhibit P-10`**|**`TRUE COPY OF THE NOTICE OF THE FESTIVAL`**| ||**`OF THE YEAR 2019 DATED NIL`**| |**`Exhibit P-11`**|**`TRUE COPY OF THE NOTICE OF THE FESTIVAL`**| ||**`OF THE YEAR 2020 DATED NIL`**| |**`Exhibit P-12`**|**`TRUE COPY OF THE ORDER OF THE APEX COURT`**| ||**`DATED 05.07.2018 IN W.P.(C) NO.649/2018`**| |**`Exhibit P-13`**|**`TRUE COPY OF THE PETITION FILED BY THE`**| ||**`PETITIONER BEFORE THE DISTRICT JUDGE,`**| ||**`ALAPPUZHA DATED 11.01.2023`**|