Kerala High Court
Prathinraj vs State Of Kerala on 8 August, 2025
WP (C) No. 22547 of 2025 1 2025:KER:59514
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TH
FRIDAY, THE 8
DAY OF AUGUST 2025 / 17TH SRAVANA,
1947
WP(C) NO. 22547 OF 2025
PETITIONER:
RATHINRAJ
P
AGED 28 YEARS
S/O PRASANNAN, RESIDING AT PRAVEENRAJ BHAVAN,
KANIYARUKONAM, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA,
PIN - 691306
BY ADV SHRI.DEVARAJ SUBRAMANIAN
RESPONDENTS:
1 TATE OF KERALA S REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 HE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE ADVISORY T COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM, KERALA, PIN - 691306 3 HE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE FESTIVAL T COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM, KERALA, PIN - 691306 4 RAVANCORE DEVASWOM BOARD T REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003 WP (C) No. 22547 of 2025 2 2025:KER:59514 5 HE COMMISSIONER T TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695016 6 HE STATION HOUSE OFFICER T KADAKKAL POLICE STATION, KADAKKAL PO, KOLLAM, PIN - 691306 7 HE SECRETARY T THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE FESTIVAL COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL P.O., KOLLAM, KERALA, PIN - 691306 8 HE PRESIDENT T THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE FESTIVAL COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL P.O., KOLLAM, KERALA, PIN - 691306 9 HE SECRETARY T THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE ADVISORY COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM, KERALA, PIN - 691306 10 HE PRESIDENT T THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE ADVISORY COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM, KERALA, PIN - 691306 11 AJESH R FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RSS MANDALAM KARYAVAHAK, RESIDING AT KODIVILA VEEDU, MELAKKADU, KOTTUKKAL PO, KOTTUKKAL KOLLAM, KERALA, PIN - 691306 12 IVANATH S FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RSS SHAKHA SHIKSHAK, RESIDING AT SURESH BHAVAN, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306 WP (C) No. 22547 of 2025 3 2025:KER:59514 13 NNIKRISHNAN U FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RSS MANDALAM BHOUDIK PRAMUKH, RESIDING AT PAZHAVILA VEEDU, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306 14 UBASH CHANDRABOSS S FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RESIDING AT KANAVU HOUSE, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306 15 REEKUMAR S FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RESIDING AT NEDUVILA VEEDU, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306 16 HIVAJI S FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RESIDING AT CHARUVILA VEEDU, MELE MELAKKADU, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306 17 HYAM KUMAR S S/O KUSHALAN PILLA, AGE NOT KNOWN TO THE PETITIONER, RESIDING AT SARITHA VILASAM, CHERUKULAM PO, KOLLAM, KERALA, PIN - 691306 18 ANEESH S FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RESIDING AT KUTTIYIL VEEDU, EZHIYAM PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306 19 HYAM S FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT KNOWN TO THE PETITIONER, RESIDING AT MANGALATH VEEDU, VALAYAR PO, KOLLAM, KERALA, PIN - 696587 20 ASHTRIYA SWAYAM SEVAK SANGAM R RSS KARYALAYAM, MADHAVA NIVAS, PERANDOOR ROAD, ELAMAKKARA, ERNAKULAM, KERALA REPRESENTED BY ITS KARYAVAHAK. 21 HAJRANG DAL B VHP SAMSKAREEKA KENDRAM, KALOOR, KOCHI, ERNAKULAM, KERALA, REPRESENTED BY ITS PRESIDENT WP (C) No. 22547 of 2025 4 2025:KER:59514 22 ISHWA HINDU PARISHAD V VHP SAMSKAREEKA KENDRAM, KALOOR, KOCHI, ERNAKULAM, KERALA, REPRESENTED BY ITS PRESIDENT ADDITIONAL R20 TO R22 ARE IMPLEADED AS PER THE ORDER [ DATED 26/06/2025 IN I.A.NO.1/2025 IN WP(C)22547/2025] BY ADV SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD OTHER PRESENT: ADV. S.RAJMOHAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL EARING H ON08.08.2025, THECOURT ON THE SAME DAYDELIVERED THE FOLLOWING: WP (C) No. 22547 of 2025 5 2025:KER:59514 J U D G M E N T Raja Vijayaraghavan V, J. The petitioner states that he is a devotee of the Manjippuzha Bhagavathi BhadrakaliTemple,Kollam.Hisgrievanceisthatthepartyrespondentsareusingthe temple and its premises for activities that are unconnected with the temple. It is furtherallegedthatthepremisesarebeingusedforconductingmassdrills,weaponry training,andSakhasessionsbyrespondentNos.11to19andadditionalrespondent Nos. 20 to 22. 2. When the matter was taken up for consideration, it was submitted before this Court by the learned Standing Counsel appearing for the Devaswom BoardthattheTempleAdvisoryCommitteeoftheManjippuzhaBhagavathiBhadrakali Templehadalreadybeendissolvedbyorderdated14.05.2025.Itisfurthersubmitted that the temple is now under thedirectmanagementoftheDevaswomBoard.Itis also submitted that the Temple Advisory Committee shall be constituted in accordancewiththeprovisionsoftheActandtheRules. Thelearnedcounselfurther submits that since the DevaswomBoardisnowdirectlyadministeringthetemple,it shallensurestrictcompliancewiththestipulationsanddirectionsissuedbythisCourt inG. Vyasan. v. State of Kerala and Others1, as wellas with the Ext. P4 Circular. 1 [2023 KHC OnLine 9216] WP (C) No. 22547 of 2025 6 2025:KER:59514 3. Inresponse,thelearnedcounselappearingforthepetitionersubmitted that the petitioner would be satisfied if the directions in Ext.P4 Circular and the observations of this Court intheabovejudgmentarecompliedwithinitsletterand spirit. 4. Wehaveconsideredthesubmissionsadvancedandhavegonethrough the records. 5. In Vyasan G. and another (supra) a Division Bench of this Court, after taking note of the observations in Santharam Roy T.S. v. Travancore Devaswom Board and others2, and in Chandu K. v. Travancore Devaswom Board3, have held in unequivocal terms that temple premises cannot be used for conducting mass drill or weaponry training by the devotees or a group of persons. 6. Ext.P4 Circular was issued by the Devaswom Board as early as 20.10.2023, reiterating the earlier Circulars that temple premises are utilised solely for activitiesintrinsicallyconnectedtothetemple,andnotformassdrills,weaponry training,oranyothersuchunrelatedactivities. Inlightoftheabove,itisimperative that no activity other thanregular,traditionalrites,ceremonies,andpurelyreligious functions associated with the temple shall be permitted in the temple premises. Undernocircumstancesshallthetemplepremisesbeusedforconductingmassdrills or weaponry training by any individual or group. 2 ( 2022 (2) KHC 595) 3 [(2021 (3) KHC 379) WP (C) No. 22547 of 2025 7 2025:KER:59514 7. Inthatviewofthematter,thisWritPetitionisdisposedofbydirecting respondentNos.2,4and5toensurethatthereisnoviolationofExts.P4Circularin the precincts of the Manjippuzha Bhagavathi Bhadrakali Temple. If any violation is reported, the 6th respondent, who is the Station House Officer, Kadakkal Police Station,shallinterveneandensurethatthedirectionsissuedbythisCourtarestrictly complied with. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE d/- S K.V. JAYAKUMAR, JUDGE APM WP (C) No. 22547 of 2025 8 2025:KER:59514 APPENDIX OF WP(C) 22547/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE OF THE TEMPLE FESTIVAL Exhibit P2 A TRUE COPYOF THERELEVANT IMAGES SHOWCASING THE FLAGS AND BANNERS PUT UP BY THE RESPONDENTS 11 TO 19, IN THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE AS PART OF THE TEMPLE FESTIVAL Exhibit P3 A TRUE COPY OF THE NOTICE DATED 05.04.2025, ISSUED BY THE 6TH RESPONDENT TO THE 9TH RESPONDENT Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 20.10.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P5 A TRUE COPYOFTHE VIDEOFOOTAGEOF THEMUSIC PERFORMANCE ALONGWITHPHOTOGRAPHSEVIDENCING THE SHAKHAS CONDUCTED BY THE RSS ON TEMPLE GROUNDS ALONGWITH PHOTOGRAPHS SHOWCASINGTHE FLAGS AND BANNERS PUT UP BY THE RSS AND BHAJRANG DAL Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 06.04.2025, SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT Exhibit P7 A TRUE COPY OF THE FIR REGISTERED BY THE 6TH RESPONDENT DATED 07.04.2025