Kerala High Court
Hindu Aikya Vedi vs State Of Kerala on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.3174 OF 2021(V)
PETITIONER:
HINDU AIKYA VEDI,
DISTRICT COMMITTEE OFFICE,
RASHTRA MANDIR, KANNUR - 670002,
REPRESENTED BY DISTRICT GENERAL SECRETARY,
P.V. SHYAM MOHAN,
S/O. CHANDRAMOHAN P.,
AGED 39 YEARS,
VELLICHIRAMMAL HOUSE,
DHARAMADAM P.O, KANNUR - 670 106.
BY ADVS.
SRI.T.D.SUSMITH KUMAR
SRI.C.SIVADAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DISTRICT COLLECTOR,
DISTRICT COLLECTOR OFFICE,
KANNUR - 670002.
3 MALABAR DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
HOUSEFED COMPLEX, MINI BYPASS ROAD,
ERANHIPPALAM, KOZHIKODE - 673 006.
4 THE COMMISSIONER,
MALABAR DEVASWOM BOARD,
HOUSEFED COMPLEX, MINI BYPASS ROAD,
ERANHIPPALAM, KOZHIKODE - 673 006.
5 THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD,
W.P.(C) No.3174 of 2021
2
THIRUVANGAD P.O, THALASSERY,
KANNUR - 6701 03.
6 THE EXECUTIVE OFFICER,
ANDALUR KAVU, PALAYAD P.O,
THALASSERY, KANNUR - 670 661,
7 THE STATION HOUSE OFFICER,
DHARMADAM POLICE STATION,
DHARMADAM P.O, THALASSERY,
KANNUR - 670 106.
8 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
KANNUR - 670001,
9 DHARMADAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
DHARMADAM GRAMA PANCHAYATH, DHARMADAM P.O,
THALASSERY, KANNUR - 670 106.
R1,2,7 AND 8 BY SRI. T.K. ANANDAKRISHNAN,
SENIOR GOVERNMENT PLEADER.
R3-5 BY SRI. LAKSHMI NARAYAN,
STANDING COUNSEL, MALABAR DEVASWOM BOARD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3174 of 2021
3
JUDGMENT
Ravikumar, J.
The petitioner, which is a registered organization,
bearing Registration No. TVM/TC/1332/2017 incorporated under
the Travancore-Cochin Literary, Scientific and Charitable Societies
Registration Act, 1955, filed this writ petition seeking the following
reliefs:-
"i. to call for the entire records leading to Exhibit P1
to Exhibit P4, and all further actions taken by the
respondents thereof.
ii. to issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to conduct 'Kettiyattam' and
'Thirumudiveppu' along with other essential religious
practices to be held on 1st to 7th Kumbham, ie., 13th to
20th February during the Andalur Kavu annual festival,
with strict adherence of the Covid-19 policies and
protocol."
2. According to the petitioner, the high days in Andalur
Kavu would commence from 1st Kumbham to 7th Kumbham (13-02-
W.P.(C) No.3174 of 2021
2021 to 20-02-2021). It is also the case of the petitioner that the
ritualistic practices like 'Thirumudiveppu' and 'Kettiyattam' are
essential offerings to the deity to be performed during the festival.
Conduct of festival sans such performance would not bring any
prosperity to the region in question, it is believed. Thus, obviously,
according to the petitioner, the very purpose of performance of such
rituals during festival is to bring prosperity to the region in question.
The apprehension is that owing to Covid-19 protocol, performance
of the aforesaid ritualistic practices would not be permitted. It is in
the said circumstances that this writ petition has been filed seeking
the afore mentioned prayers.
3. Heard the learned counsel for the petitioner, the learned
Standing Counsel appearing for respondents 3 to 5 and also the
learned Senior Government Pleader.
4. The learned Sanding Counsel for the Devaswom Board
brought our attention to a judgment of this Court in W.P.(C) No.
2908 of 2021 dated 04-02-2021. It is submitted that the said writ
petition was filed by the nephew of the hereditary trustee of
Andalur Kavu in Thalasserry Taluk in Kannur District viz., the very
same 'Kavu' in respect of which this writ petition has been filed.
W.P.(C) No.3174 of 2021
W.P.(C) No.2908 of 2021 was filed seeking the following relief:-
"to issue a writ of mandamus or any other appropriate
writ or direction directing he 2nd respondent to consider
Ext.P2 and pass appropriate orders in the matter of
conduct of thira maholsavam in Andalurkavu and to
ensure that all the customs and practices are performed
within a time frame to be fixed by this Hon'ble Court."
5. A bare perusal of the judgment in the said writ petition
would reveal that the petitioner therein also shared an apprehension
akin to that of the petitioner herein. According to the said
petitioner, several customary practices, rituals and ceremonies are
being followed in the temple including 'Thira' (procession) and his
apprehension was that due to Covid-19 pandemic protocol,
restrictions would be imposed on performance of such customary
practices, rituals and poojas. Taking note of the pendency of
Exhibit P2 representation, referred as such in the said writ petition,
preferred by the petitioner before the Commissioner of the Malabar
Devaswom Board, seeking permission to conduct such ritualistic
practices as part of the 'Mahotsavam' of Andalur Kavu, a Division
Bench of this Court disposed of the writ petition with a direction to
the Commissioner of Malabar Devaswom Board or any officer who
W.P.(C) No.3174 of 2021
is delegated with the power of the Commissioner, to consider the
said representation carrying such plea. Considering the fact that the
festival would commence from 13-02-2021, direction was issued to
take a decision before 13-02-2021, the date on which the
'Mahotsavam' in the said temple would commence. Obviously,
taking into account paucity of time, no opportunity of being heard
was ordered to be afforded.
6. We have gone through Ext.P1 produced therein, which
would reveal that various ritualistic practices are being performed
normally as part of festival in the 'Kavu' and Ext.P2, the
representation was submitted by the petitioner therein, seeking
permission for conduct of such ritualistic practices as part of the
'Mahotsavam'. Thus it is obvious that already this Court had
disposed of W.P.(C) No.2908/2021, taking note of an apprehension
of another devotee, who is none other than the nephew of the
hereditary trustee, regarding the restrictions likely to be imposed in
the matter of conduct of ritualistic practices as part of the 'Thira
Mahotsavam' in Andalur Kavu.
7. In the said circumstances, and in view of the nature of
the judgment passed in W.P.(C) No.2908/2021, we are of the view
W.P.(C) No.3174 of 2021
that no separate order or direction is called for in this writ petition
except to the effect that while taking a decision regarding the
question as to whether permission could be granted to conduct all
ritualistic practices as part of the festival that would commence
from 13-02-2021, the Commissioner of Malabar Devaswom Board
or the person who is deputed to exercise his power, shall obtain the
view of the District Collector concerned and if any permission is
required from the District Collector in any matter, shall also be
sought for.
The writ petition is disposed of as above.
Sd/-
C.T. RAVIKUMAR
JUDGE
Sd/-
K. HARIPAL
JUDGE
SSK/09/02 //TRUE COPY// P.A. TO JUDGE
W.P.(C) No.3174 of 2021
APPENDIX
PETITIONER'S ANNEXURES:
EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED
03.02.2021 ISSUED BY THE PETITIONER TO THE
2ND RESPONDENT, THE DISTRICT COLLECTOR.
EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED
03.02.2021 ISSUED BY THE PETITIONER TO THE
3RD RESPONDENT, MALABAR DEVASWOM BOARD.
EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED
03.02.2021 ISSUED BY THE PETITIONER TO THE
6TH RESPONDENT, THE EXECUTIVE OFFICER OF
THE ANDALUR KAVU.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED
03.02.2021 ISSUED BY THE PETITIONER TO THE
9TH RESPONDENT,DHARMADAM GRAMA PANCHAYATH.
SSK/09/02 //TRUE COPY// P.A. TO JUDGE
