Kerala High Court
Bharatheeya Jyothisha Vichara ... vs State Of Kerala on 27 July, 2022
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
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
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
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
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
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',
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
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,
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
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.
