Kerala High Court
Suo Motu vs The State Of Kerala on 14 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 14th day of February 2023 / 25th Magha, 1944
DBP NO. 6 OF 2023
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - VAIKOM SREE MAHADEVA TEMPLE -
MATTER PERTAINING TO CONDUCT OF PRATHAL AND ATHAZA OOTTU - SUO MOTU PROCEEDINGS
INITIATED BASED ON A VIDEO CLIPPING THAT APPEARED IN SOCIAL MEDIA - REG:
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PETITIONER:
SUO MOTU
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2. THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,
NANTHANCODE, THIRUVANANTHAPURAM-695003
3. THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
NANTHANCODE, THIRUVANANTHAPURAM-695003
4. THE JOINT DIRECTOR
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT,
NANTHANCODE P.O., THIRUVANANTHAPURAM-695003
5. ADMINISTRATIVE OFFICER
VAIKOM SREE MAHADEVA TEMPLE, VAZHAMANA ROAD, VAIKOM,
KERALA - 686141.
6. TEMPLE ADVISORY COMMITTEE OF VAIKOM SREE MAHADEVA TEMPLE
REPRESENTED BY ITS SECRETARY, VAZHAMANA ROAD,
VAIKOM, KERALA - 686141
*ADDL.R7 IMPLEADED
7. THE ASSISTANT COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, VAIKOM, KOTTAYAM DISTRICT-686 141
*IS SUO MOTU IMPLEADED AS ADDITIONAL 7TH RESPONDENT VIDE ORDER
DATED 27/01/2023 IN DBP.NO.6/2023
BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD
BY SRI.P.RAJEEVE, ADVOCATE COMMISSIONER
BY SRI.SHABU SREEDHARAN, FOR R6
THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON
14/02/2023, UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED
31/01/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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DBP No.57 of 2022 and DBP Nos.6 and 7 of 2023
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Dated this the 14th day of February, 2023
ORDER
Anil K. Narendran, J.
DBP No.6 of 2023 is registered suo motu based on a video
clipping, which was circulating in the social media, regarding the
conduct of 'Prathal' at Vaikom Sree Mahadeva Temple, which was
brought to the notice of this Court by a devotee of Lord
Vaikathappan. In this DBP, we have passed a detailed order dated
27.01.2023, which was followed by the order dated 31.01.2023.
2. Today, when the matter is taken up for consideration, a
photograph of the temporary arrangements made in front of the
Oottupura of Vaikom Sree Mahadeva Temple in order to regulate the
entry of devotees for Prathal Vazhipadu is made available for the
perusal of this Court. The said photograph is reproduced hereunder;
DBP No.57 of 2022 &
DBP Nos.6 and 7 of 2023
3. In the judgment dated 23.08.2022 in W.P.(C)No.23768 of
2022 and connected matters, we have directed the Temple Advisory
Committee of Vaikom Sree Mahadeva Temple to have constant vigil
on the activities undertaken in Vaikom Sree Mahadeva Temple in
connection with 'Prathal' and 'Athazha Oottu', in order to ensure that
there is no shortage/wastage in 'Prathal' and 'Athazha Oottu' on any
day.
4. Today, during the course of arguments, on a query made
by this Court with reference to the photograph reproduced
hereinbefore and also the state of affairs as seen in the photograph
reproduced in paragraph 3 of our order dated 27.01.2023, the
learned counsel for the Temple Advisory Committee seeks time to
get instructions. From the submissions made by Adv.Deerendra
Kumar, the learned counsel, we notice that the Temple Advisory
Committee is not actively participating in the activities in connection
with 'Prathal' and 'Prasada Oottu' in Vaikom Sree Mahadeva Temple.
5. The state of affairs seen from the photographs
reproduced hereinbefore would make it explicitly clear that the
Travancore Devaswom Board and its officials are not providing even
basic facilities for the devotees in Vaikom Sree Mahadeva Temple. A
DBP No.57 of 2022 &
DBP Nos.6 and 7 of 2023
temporary structure like the one seen in the aforesaid photograph
should not have been erected in front of the Oottupura of a major
temple under the management of the Board, for regulating entry of
devotees in connection with Prathal. In the judgment dated
23.08.2022 in W.P.(C)No.23768 of 2022, we have directed the
Assistant Devaswom Commissioner to conduct periodical verification
of the permanent register maintained by the Administrative Officer,
in order to ensure that there is no shortfall in Prathal and Athazha
Oottu in Vaikom Sree Mahadeva Temple.
6. Having considered the submissions made at the Bar, we
deem it appropriate to direct the 5th respondent Administrative
Officer to forthwith remove the temporary structures made in front
of the Oottupura of Vaikom Sree Mahadeva Temple. The additional
7th respondent Assistant Commissioner, the 5th respondent
Administrative Officer and also the President and Secretary of the
6th respondent Temple Advisory Committee shall be personally
present in Court on 15.02.2023 at 2.00 p.m. in order to explain
the state of affairs in connection with Prathal and Prasada Oottu in
Vaikom Sree Mahadeva Temple and also on the compliance of the
directions contained in the order of this Court dated 22.04.2022 in
DBP No.57 of 2022 &
DBP Nos.6 and 7 of 2023
DBP No.10 of 2022, which is the subject matter in DBP No.7 of 2023.
List on 15.02.2023 at 2.00 p.m.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
yd
14-02-2023 /True Copy/ Assistant Registrar
