[email protected] ... vs Travancore Devaswom Board
2022 Latest Caselaw 11024 Ker

        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 3RD DAY OF NOVEMBER 2022 / 12TH
                     KARTHIKA, 1944
                 W.P.(C)NO.40690 OF 2018
PETITIONER:

          M.J.SIVAKUMAR @ SIVAKUMAR AMRUTHAKALA,
          S/O. SASHIDHARAN, MELETHIL HOUSE,
          VALLAMKULAM, THIRUVALLA, PATHANAMTHITTA-
          689541.

          BY ADV S.SUBHASH CHAND



RESPONDENTS:

   1      TRAVANCORE DEVASWOM BOARD,
          OFFICE OF THE TRAVANCORE DEVASWOM BOARD,
          DEVASWOM BUILDING, NANDHANCODE,
          THIRUVANANTHAPURAM-695001,
          REPRESENTED BY ITS SECRETARY.

   2      THE DEVASWOM COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, OFFICE OF THE
          DEVASWOM COMMISSIONER, DEVASWOM BUILDINGS,
          NANTHANCODE, THIRUVANANTHAPURAM-695003.

   3      THE EXECUTIVE OFFICER,
          SABARIMALA DEVASWOM/SABARIMALA SREE
          DHARMASATHA TEMPLE, SABARIMALA,
          PATHANAMTHITTA-689645.

   4      THE STATE OF KERALA,
          REPRESENTED BY THE CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
          695001.

   5      THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF DEVASWOM, GOVERNMENT
                                2

W.P.(C)No.40690 of 2018



              SECRETARIAT, THIRUVANANTHAPURAM-695001.

      6       THE SECRETARY TO GOVERNMENT,
              DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM- 695001.

      7       THE STATE POLICE CHIEF,
              OFFICE OF THE STATE POLICE CHIEF,
              THIRUVANANTHAPURAM- 695001.

      8       THE DISTRICT COLLECTOR,
              THE DISTRICT MAGISTRATE, COLLECTORATE,
              PATHANAMTHITTA- 689645.

              BY ADV SRI. S. RAJMOHAN, SC, TDB



OTHER PRESENT:

              SRI S. RAJMOHAN - SR. GOVERNMENT PLEADER;
              SRI G. BIJU - STANDING COUNSEL - TRAVANCORE
              DEVASWOM BOARD




          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                      3

W.P.(C)No.40690 of 2018



                                 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 to permit him to perform

Ayyappa Sopaana Sangeetham (Chandana Charchitham)

along with musical accompaniments (Pakka Melam) at the

Kalamandapam, in front of Veliya Nadapanthal at Sabarimala

shrine, during the Mandalam-Makaravilakku season of

2018-19; a writ of mandamus commanding the respondents

to lift the absolute ban/prohibition of all artistic

performances including Ayyappa Sopaana Sangeetham

performance by the petitioner at the Kalamandapam of

Sabarimala shrine, on such terms and conditions; and a

declaration that the absolute ban/prohibition of all artistic

performances including Ayyappa Sopaana Sangeetham by

the petitioner at the Kalamandapam of Sabarimala shrine by

the respondents is violative of the fundamental rights

guaranteed under Article 14, 19(1), 21 and 25 of the

Constitution of India and the same is thus liable to be struck

down.

2. On 20.12.2018, when this writ petition came up

W.P.(C)No.40690 of 2018

for consideration, this Court passed the following order;

"The learned Senior Government Pleader submits, on instructions, that the Special Officer at Sannidhanam is ready to consider the request made by the petitioner to enable him to perform his vow in 'Ayyappa Sopana Sangeetham' at the Kalamandapam at Sabarimala Sannidhanam, also taking note of the arrangements made with regard to the crowd management. It is also stated that the place in front of the stage- Kalamandapam has to be left as a sterile zone for security reasons and also as part of the crowd management, however adding that appropriate time to perform the event to the optimum extent will be let known to the petitioner, if the said officer is contacted.

2. The learned counsel for the petitioner submits that the petitioner is ready to contact the said officer. It is for the Special Officer and authorities of the Travancore Devaswom Board to make appropriate arrangements in this regard."

3. Today, when this matter is taken up for

consideration, the learned counsel for the petitioner and also

the learned Standing Counsel for Travancore Devaswom

Board would submit that after the order of this Court dated

20.12.2018, the petitioner was permitted to perform

Ayyappa Sopaana Sangeetham at a place other than

Kalamandapam at Sabarimala Sannidhanam, for security

reasons. The learned counsel for the petitioner would submit

W.P.(C)No.40690 of 2018

that the reliefs sought for in this writ petition have become

infructuous.

4. In such circumstances, based on the aforesaid

submission made by the learned counsel for the petitioner,

this writ petition is dismissed as infructuous.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

MIN

W.P.(C)No.40690 of 2018

APPENDIX OF W.P.(C)No.40690/2018

PETITIONER EXHIBITS:

EXHIBIT P1 PHOTOGRAPH SHOWING PROGRAM OF THE PETITIONER PERFORMED LAST YEAR AT KALAMANDAPAM AT SABARIMALA.

EXHIBIT P2 PHOTOGRAPH SHOWING PROGRAM OF THE PETITIONER PERFORMED LAST YEAR AT KALAMANDAPAM AT SABARIMALA

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 07/12/2018 SUBMITTED BY THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27/11/2018 PASSED BY THIS HON'BLE COURT IN WP(C)NO.38128 OF 2018.