Kerala High Court
R.Jayarajan vs State Of Kerala on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 6TH DAY OF JANUARY 2023/16TH POUSHA, 1944
WP(C) NO. 35399 OF 2022
PETITIONER:
R.JAYARAJAN, AGED 56 YEARS, S/O. RAMACHANDRAN
CHETTIYAR, GEETHA BHAVAN, ERUMELY P.O., KOTTAYAM
DISTRICT.,PIN 686509.
BY ADVS.P.HARIDAS
SHIJIMOL M.MATHEW
BIJU HARIHARAN
RISHIKESH HARIDAS
P.C.SHIJIN(K/397/2012)
GREESHMA T.G.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM. PIN - 695001.
2 DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
OFFICE OF DISTRICT COLLECTOR & DISTRICT
MAGISTRATE, COLLECTORATE, KOTTAYAM. PIN -
686002.
3 DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT
POLICE CHIEF, KOTTAYAM. NEAR KOTTAYAM EAST
POLICE STATION, DISTRICT POLICE OFFICE, KOTTAYAM
- KUMILY RD, COLLECTORATE, KOTTAYAM, PIN -
686002.
4 TAHSILDAR & EXECUTIVE MAGISTRATE,
OFFICE OF THE TAHSILDAR & EXECUTIVE MAGISTRATE,
TALUK OFFICE, KANJIRAPPALLY. PIN - 686 506.
5 STATION HOUSE OFFICER,
ERUMELY POLICE STATION. PIN - 686 509.
-2-
W.P.(C).No.35399 of 2022
6 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM
BOARD, NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM. PIN 695 003.
7
DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM
NANTHANCODE, BOARD, DEVASWOM COMMISSIONERATE,
KOWDIAR P.O., THIRUVANANTHAPURAM. PIN 695 003 .
8
DEPUTY DEVASWOM COMMISSIONER,
OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, THIRUVALLA,
PATHANAMTHITTA. PIN - 689101.
9
ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM GROUP,
OFFICE OF THE ASSISTANT COMMISSIONER,
MUNDAKAYAM, KOTTAYAM DISTRICT. PIN - 686513.
10
SABU, S/O. CHELLAPPAN, HOUSE NO. 500, WARD NO.
V., KAVUNKAL, KANAKAPPALAM P.O., ERUMELY. PIN
- 686509.
11
GOPI, S/O. RAGHAVAN, PATHIKKAKAVU, HOUSE NO.
672, WARD NO. V., KAVUNKAL, KANAKAPPALAM P.O.,
ERUMELY. PIN - 686509.
R BY ADVS.SRI.R.KRISHNA RAJ
SRI.HARIDAS
SRI.S.SONI
KUMARI SANGEETHA S.NAIR
SMT.RESMI A.
R BY SR.GOVT.PLEADER SRI. S RAJMOHAN,
R BY SRI. G BIJU, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C).No.35399 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the kuthaka holder of the right to
collect fee from the artists for Chendamelam accompanying
Pettathullal at Erumeli in terms of Ext.P1 e-tender notification
dated 15.09.2022 issued by the 7th respondent Devaswom
Commissioner and on the strength of Ext.P2 contract dated
19.10.2022, has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus
commanding respondents 3 and 5 to render adequate,
effective and meaningful protection for the life and properties
of the petitioner and his employees, in exercising their right to
collect fee for Chendamelam, by virtue of Exts.P1 and P2, and
for the peaceful conduct of Chendamelam accompanying the
customary practice of Pettathullal.
2. On 04.11.2022, when this writ petition came up for
admission, this Court admitted the matter on file. The learned
Government Pleader took notice for respondents 1 to 5. The
learned Standing Counsel took notice for respondents 6 to 9.
This Court issued notice to respondents 10 and 11 by special
W.P.(C).No.35399 of 2022
messenger.
3. On 09.11.2022, when this writ petition came up for
consideration, after hearing the learned counsel for the
petitioner, the learned Senior Government Pleader, the learned
Standing Counsel for Travancore Devaswom Board and also
the learned counsel for respondents 10 and 11, the learned
Single Judge of this Court passed an interim order, which
reads thus;
"Heard the learned counsel for the petitioner, the
learned Government Pleader as well as the learned
Standing Counsel appearing for respondents 6 to 9.
Learned counsel for respondents 10 to 11 seeks time
to place counter affidavit on record.
In the meanwhile, appropriate protection shall be
granted to the petitioner to carry out the activities that
they are permitted to do by the Devaswom officials."
4. The said order was followed by the order dated
07.12.2022, which reads thus;
"Heard the learned counsel for the petitioner, the
learned counsel appearing for the Travancore
Devaswom Board and the learned counsel appearing for
respondents 10 and 11 as well as the learned
Government Pleader.
In view of the contentions advanced, I am of the opinion
W.P.(C).No.35399 of 2022
that the interim order granted is liable to continue. In
case of any overt acts by respondents 10 and 11 or
anybody claiming through them, obstructing the
collection of fees by the petitioner, the petitioner may
inform the Station House Officer, who shall take
appropriate steps in accordance with law. The police
shall also take appropriate steps to see that law and
order is maintained in the locality. All other issues are
left open to be decided in appropriate proceedings."
5. By the order dated 13.12.2022, the matter was
referred before the Devaswom Bench. The said order reads
thus:
"This writ petition is with regard to the right of the
petitioner to collect fee from the persons providing
Chendamelam accompanying the Pettathullal at
Erumely. Since the observance of the Pettathullal at
Erumely is a ceremonial exercise in connection with the
Sabarimala pilgrimage and since there appears to be a
dispute with regard to the same, I am of the opinion
that the matter requires to be considered by the
Division Bench hearing Devaswom matters."
6. On 20.12.2022, after considering the materials on
record and also the rival contentions, this Court directed the
3rd respondent District Police Chief and also the 5th respondent
Station House Officer to ensure that there is no law and order
issues in connection with Pettathullal at Erumeli, during
W.P.(C).No.35399 of 2022
Mandala-Makaravilakku festival season of 1198 ME (2022-23),
either at the instance of respondents 10 and 11 and their
supporters or even at the instance of the petitioner and his
employees.
7. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader for respondents 1 to 5,
the learned Standing Counsel for Travancore Devaswom Board
representing respondents 6 to 9 and also the learned counsel
for respondents 10 and 11.
8. On 20.12.2022, during the course of arguments,
the learned Standing Counsel for Travancore Devaswom Board
submitted that, Pettathullal starts from Petta Temple and ends
at Valiyambalam in front of kodimaram, after rounding
Shastha Temple. The Kuthaka right to collect fee for
Chendamelam is being auctioned for the last several decades,
during Mandala-Makaravilakku festival season, except the last
two years due to Covid-19 pandemic.
9. The fact that Pettathullal is part of the rituals in the
Temples in question, in connection with Sabarimala
pilgrimage, is not disputed by respondents 10 and 11. In view
W.P.(C).No.35399 of 2022
of the provisions under Sections 15A and 31 of the
Travancore-Cochin Hindu Religious Institutions Act, the
Travancore Devaswom Board has a statutory duty to see that
the regular traditional rites and ceremonies according to the
practice prevalent in the temples in question are performed
promptly and to arrange for the conduct of the daily worship
and ceremonies and of the festivals in those temples,
according to its usage.
10. In the order dated 20.12.2022, this Court noticed
that large number of Sabarimala pilgrims used to participate
in Erumeli Pettathullal. They avail the service of artists for
Chendamelam. The right to collect fee from the artists for
Chendamelam is being auctioned by the Travancore
Devaswom Board during every pilgrimage season. When large
number of pilgrims, including aged persons, persons with
disability and also children of tender age gather at Erumeli in
connection with their pilgrimage and participate in Pettathullal
accompanied by the artists for Chendmelam, neither the
petitioner and his employees nor respondents 10 and 11 and
their supporters can create any law and order issues at
W.P.(C).No.35399 of 2022
Erumeli, during the pilgrimage season. Therefore, by the
order dated 20.12.2022 the 3rd respondent District Police
Chief and also the 5th respondent Station House Officer were
directed to ensure that there is no law and order issues in
connection with Pettathullal at Erumeli, during Mandala-
Makaravilakku festival season of 1198 M.E. (2022-23), either
at the instance of respondents 10 and 11 and their supporters
or even at the instance of the petitioner and his employees.
11. Today, when the matter is taken up for
consideration, the learned Senior Government Pleader, on
instructions, would submit that there is now law and order
issues, after the order of this Court dated 20.12.2022.
In such circumstances, this writ petition is disposed of in
terms of the interim order of this Court dated 20.12.2022,
which is made absolute.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/9/1
W.P.(C).No.35399 of 2022
APPENDIX OF WP(C) 35399/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE E-TENDER NO. ROC NO.
54/22/SAB DATED 15.09.2022.
Exhibit P2 TRUE COPY OF THE AGREEMENT BETWEEN
PETITIONER AND 9TH RESPONDENT DATED
19.10.2022.
Exhibit P3 TRUE COPY OF THE RECEIPT OF PAYMENT TO
6TH RESPONDENT DATED 19.10.2022.
Exhibit P4 TRUE COPY OF THE REPRESENTATIONS
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 25.10.2022.
Exhibit P5 TRUE COPY OF THE SCREEN SHOTS OF
SOCIAL MEDIA POST OF RESPONDENTS 10
AND 11 AND THEIR HENCHMEN DATED NIL
Exhibit P6 TRUE COPY OF THE REPRESENTATIONS
BEFORE THE 3RD RESPONDENT DATED
02.11.2022.
RESPONDENT EXHIBITS
Exhibit R10 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE ALANGAD YOGAM DATED
25/2/2022
