IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24263 OF 2022
PETITIONER:
BHARATHEEYA JYOTHISHA VICHARA SANGAM, MAZDOOR
BHAVAN, ASHRAMAM ROAD, CHINNAKKADA, KOLLAM - 691
001.
BY ADVS.R.KRISHNA RAJ
R.PRATHEESH (ARANMULA)
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, DEPARTMENT OF REVENUE (DEVASWOM),
KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPU-
RAM - 695 001
2. DISTRICT COLLECTOR, DISTRICT COLLECTORATE, 2ND
FLOOR, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVAN-
ANTHAPURAM - 695 043.
3. TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUAR-
TERS, NANDANCODU, THIRUVANANTHAPURAM - 695 003,
REPRESENTED BY ITS SECERTARY.
R1 & 2 BY SRI S.RAJMOHAN - SR.GOVT.PLEADER
R3 BY SRI G.BIJU- SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No.24263 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents, namely, the 1st respondent State of Kerala; the 2nd respondent District Collector, Thiruvananthapuram; and also the 3rd respondent Travancore Devaswom Board, to permit 'Pithrutharpanam' at Shanghumugham Beach, Thiruvananthapuram on Karkkidaka Vavu. In the writ petition, it is averred that Shanghumugham Beach in Thiruvananthapuram is considered to be an auspicious place for performing 'Pithrutharpanam', since the deities of more than five prominent temples come there to perform 'Arattu'. The 'Arattu' festival of Sree Padmanabha Swamy Temple, Shanghumugham Devi Temple, Chaakka Chamundi Devi Temple, Vaduvathu Maha Vishnu Temple and rituals of several other temples are performed at Shanghumugham Beach. Lakhs of people utilize the facility provided by the 3rd respondent Travancore Devaswom Board at Shanghumugham Beach for performing 'Pithrutharpanam' on Karkkidaka Vavu and auspicious days, with the co-operation of -3- W.P.(C). No.24263 of 2022 Government Departments. All these rituals are taking place at Shanghumugham Beach for the last several decades. While the Travancore Devaswom Board has taken all steps to conduct 'Pithrutharpanam' at Shanghumugham Beach on Karkkidaka Vavu (28.07.2022), based on the decision taken in the meeting held on 11.07.2022, as evidenced by Ext.P1 minutes, the 2nd respondent District Collector has issued a prohibitory order, as evidenced by Ext.P2 news report that appeared on 19.07.2022, prohibiting 'Pithrutharpanam' at Shanghumugham Beach on Karkkidaka Vavu. On coming to know about such a decision taken by the 2nd respondent, the petitioner submitted Ext.P3 representation dated 18.07.2022, seeking permission for conducting 'Pithrutharpanam' at Shanghumugham Beach on 28.07.2022.
2. Today, when this matter came up for consideration in the forenoon session, the learned counsel for the petitioner has made available for the perusal of this Court an order dated 17.07.2022 of the 2nd respondent District Collector as the Chairperson of the District Disaster Management Authority, Thiruvananthapuram, which is one issued pursuant to the decision taken in the meeting convened on 11.07.2022, as -4- W.P.(C). No.24263 of 2022 evidenced by Ext.P1. The learned Senior Government Pleader has made available for the perusal of this Court a copy of the report dated 03.07.2022 of the Station House Officer, Valiyathura Police Station, which is one addressed to the 2nd respondent District Collector. Considering the urgency of the matter, we directed the learned Senior Government Pleader to get instructions and the matter was ordered to be listed at 1.00 p.m for further consideration. The learned Senior Government Pleader was directed to get few photographs of Shanghumugham Beach and to send copy of those photographs to the learned counsel for the petitioner through WhatsApp.
3. When this matter is taken up for consideration in the afternoon session, the learned Senior Government Pleader, on instructions, would submit that the 2nd respondent District Collector, who is the Chairperson of the District Disaster Management Authority, Thiruvananthapuram has issued the order dated 17.07.2022 based on the decision taken in the meeting convened on 11.07.2022, as evidenced by Ext.P1 minutes. The report of the Station House Officer, Valiyathura Police Station was also considered, before taking such a -5- W.P.(C). No.24263 of 2022 decision. The learned Senior Government Pleader has made available for the perusal of this Court the photographs of Shanghumugham Beach, which form part of the report of the Station House Officer, Valiyathura Police Station.
4. The learned counsel for the petitioner, placing reliance on Ext.P4 photograph produced along with the writ petition, would contend that the state of affairs in Shanghumugham Beach is not as seen in the photographs, which form part of the report of the Station House Officer, Valiyathura Police Station. The prohibition imposed in the order dated 17.07.2022 of the 2nd respondent is absolutely without any valid reasons. Therefore, interference of this Court is highly essential, since Shanghumugham Beach is considered to be most auspicious place for performing 'Pithrutharpanam', for the reasons stated in the writ petition.
5. The learned Standing Counsel for Travancore Devaswom Board would submit that though the Board has taken a decision on 29.06.2022 to make arrangements for performing 'Pithrutharpanam' at Shanghumugham Beach and other places on Karkkidaka Vavu (28.07.2022), the Board could not proceed further in view of the prohibitory order -6- W.P.(C). No.24263 of 2022 issued by the 2nd respondent based on the decision taken in the meeting convened on 11.07.2022. Though the said meeting was convened without notice to the Travancore Devaswom Board, a copy of the order dated 17.07.2022 was communicated to the concerned Deputy Devaswom Commissioner for information.
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. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District.
7. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in -7- W.P.(C). No.24263 of 2022 respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction.
8. 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.
9. The fact that Shanghumugham Beach is considered to be an auspicious place for performing 'Pithrutharpanam', -8- W.P.(C). No.24263 of 2022 since the deities of more than five prominent temples come there to perform 'Arattu' is not in serious dispute. It is also not in serious dispute that 'Arattu' festival of Sree Padmanabha Swamy Temple, Shanghumugham Devi Temple, Chaakka Chamundi Devi Temple, Vaduvathu Maha Vishnu Temple and rituals of several other temples are performed at Shanghumugham Beach. For the last several decades, lakhs of people utilized the facility provided by the 3rd respondent Travancore Devaswom Board at Shanghumugham Beach for performing 'Pithrutharpanam' on Karkkidaka Vavu and other auspicious days. Before imposing any prohibition on the performance of 'Pithrutharpanam' at Shanghumugham Beach on Karkkidaka Vavu (28.07.2022), the District Disaster Management Authority ought to have convened a meeting with notice to the Travancore Devaswom Board. The procedure adopted by the 1st respondent State and the 2nd respondent District Collector, who is the Chairperson of the District Disaster Management Authority, in convening a meeting on 11.07.2022 without notice to the Travancore Devaswom Board is per se arbitrary and illegal. The conduct of respondents 1 and 2 in that regard has to be deprecated in the strongest -9- W.P.(C). No.24263 of 2022 words. From the submissions made by the learned Standing Counsel for Travancore Devaswom Board, we notice that the Board has not taken any action to protect the interest of people who used to perform 'Pithrutharpanam' at Shanghumugham Beach on Karkkidaka Vavu, utilizing the facility provided by the Board, despite the fact that the decision taken on 11.07.2022 is without notice to the Board. The inaction on the part of the Board in this regard has also to be deprecated in the strongest words.
10. As already noticed hereinbefore, placing reliance on Ext.P4 photograph produced along with the writ petition, the learned counsel for the petitioner would contend that the state of affairs in Shanghumugham Beach is not as seen in the photographs, which forms part of the report of the Station House Officer, Valiyathura Police Station, and as such the prohibition imposed in the order dated 17.07.2022 of the 2nd respondent is absolutely without any valid reasons.
11. Since 'Pithrutharpanam' on Karkkidaka Vavu is scheduled to be held on 28.07.2022 (tomorrow) and since the Travancore Devaswom Board has not made any arrangements for performing 'Pithrutharpanam' at Shanghumugham Beach, -10- W.P.(C). No.24263 of 2022 in view of the prohibitory order issued by the 2nd respondent, we do not propose to go into the legality or otherwise of the order dated 17.07.2022 of the said respondent. However, it is ordered that, any decision taken in future by the District Disaster Management Authority imposing prohibition on 'Pithrutharpanam' at Shanghumugham Beach shall be with due notice to the Travancore Devaswom Board, except in cases in which exigencies demand immediate decision by the said Authority in exercise of its powers under the Disaster Management Act, 2005 and the Rules made thereunder.
The writ petition is disposed of with the above directions.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE AV/27/7 -11- W.P.(C). No.24263 of 2022 APPENDIX PETITIONER'S EXHIBITS :
EXT.P1: TRUE COPY OF THE MINUTES OF THE MEETING IN WHICH DECISION WAS TAKEN TO PROHIBIT VAVUBALI AT SHANGHUMUGHAM BEACH DATED 11.07.2022 EXT.P2: TRUE COPY OF THE NEWS PUBLISHED IN THE JANMABHUMI DATED 19.07.2022 EXT.P3: TRUE COPY OF THE REPRESENTATION FILED BY HINDU AIKYAVEDI DATED 18.07.2022.
EXT.P4: PHOTOGRAPH SHOWING THE PRESENT SITUATION OF THE BEACH DATED NI.