Kerala High Court
K.P.Sooraj vs The Assistant Commissioner on 24 March, 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 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
W.P.(C) NO. 10357 OF 2023
PETITIONER:
K.P.SOORAJ,
AGED 39 YEARS, S/O. SATHYAVAN P.N.,
KANIYANPARAMBIL, PEROLE VILLAGE, PUTHUKAI P.O.,
NILESHWARAM, KASARGOD DISTRICT, PIN - 671314.
BY ADVS.
K.T.SHYAMKUMAR
HARISH R. MENON
K.N.ABHA
A.G.PRASANTH
ALEENA SEBASTIAN
RESPONDENTS:
1 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, NILESHWARAM P.O.,
KASARGOD DISTRICT, PIN - 671314.
2 THE EXECUTIVE OFFICER,
SREE MANNANPURATH KAVU BHAGAVATHI TEMPLE,
NILESHWARAM, KASARGOD DISTRICT, PIN - 671314.
3 BOARD OF TRUSTEES,
SREE MANNANPURATH KAVU BHAGAVATHI TEMPLE,
NILESHWARAM, KASARGOD DISTRICT, PIN - 671314,
REPRESENTED BY ITS CHAIRMAN SRI. RATHNAKARAN.
4 SAJITH T.V.,
S/O. K.BHARATHAN, NEELESHWARAM PALAKKAT, PEROLE
VILLAGE, NILESHWARAM, KASARGOD DISTRICT,
PIN - 671314.
2
W.P.(C) No.10357 of 2023
5 MALABAR DEVASWOM BOARD,
HOUSEFED COMPLEX, ERANHIPPALAM P.O., KOZHIKODE,
REPRESENTED BY ITS SECRETARY, PIN - 673006.
R1 AND R5 BY ADV SRI.R.LAKSHMI NARAYAN, SC,
MALABAR DEVASWOM BOARD
R2 AND R3 BY ADVOCATE MAHESH V. RAMAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C) No.10357 of 2023
JUDGMENT
P.G. Ajithkumar, J.
The petitioner claims to be a qualified Astrologer, and
has been practising astrology for more than 15 years. Sree
Mannampurath Kavu Bhagavathy Temple is a controlled
institution under the Malabar Devaswom Board. Services of a
Jenmakanishan (hereditary Astrologer) is being availed during
the festivals, 'pooram' and 'kalasam' in the said Temple. Sri.K.
Raghunath was the Astrologer in the Temple. In 2021 he fell ill
and therefore the petitioner, who is the son of his brother, was
entrusted with the duties of Jenmakanishan during the
festivals in the Temple in the year 2022.
2. The petitioner has come to know that the 4th
respondent has been engaged to render services as
Jenmakanishan during the festivals this year. The 4 th
respondent is not a practising Astrologer. He is a headload
worker, affiliated to a Head Workers Union. Sri.K.Raghunath
expired. The petitioner being a practising Astrologer and the
lineal descendant of Sri.K.Raghunath is entitled to be engaged
W.P.(C) No.10357 of 2023
as Jenmakanishan in Sree Mannampurath Kavu Bhagavathy
Temple. On the basis of the said contentions, the petitioner
has filed this Writ Petition invoking the extraordinary
jurisdiction of this Court under Article 226 of the Constitution
of India, seeking the following reliefs,-
i) Declare that the petitioner who is a qualified astrologer is
entitled to be engaged as Pookanishan for conducting the
festivals at the Sri Mannanpurath Kavu Bhagavathi Temple,
Nileshwaram, Kasargod District as his ancestors were
engaged as Janmakanishans by the temple for conducting
the festivals for the past several years;
ii) Issue a writ of mandamus or any other appropriate writ,
order or direction, directing the Respondents 1 to 3 to
engage the Petitioner as Pookanishan for conducting rituals in
connection with the temple festivals of Sri Mannanpurath
Kavu Bhagavathi Temple."
3. On 23.03.2023, notice on admission was directed
to be served through Special Messenger on respondents No.2
to 4. The learned Standing Counsel for the Malabar Devaswom
Board took notice for respondent Nos.1 and 5.
4. Today (24.04.2023), respondents No.2 and 3 entered
appearance through the learned counsel. Despite receipt of notice,
the 4th respondent did not choose to appear before this Court.
W.P.(C) No.10357 of 2023
5. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel for Malabar
Devaswom Board and the learned counsel appearing for
respondents No.2 and 3.
6. The petitioner on the basis of Ext.P1, which is a
certificate issued by Kerala Ganaka Kanisha Sabha,
Thiruvananthapuram for the period from 09.08.2014 to
08.08.2016, claiming that he is a traditional Astrologer and
has been practising Astrology. He also claims that his services
were utilised in Sree Mannampurath Kavu Bhagavathy Temple
during the festival in the year 2022 and in order to prove the
same he has produced Ext.P2, which is a copy of voucher for
payment of Rs.8,000/- to the petitioner as remuneration for
attending the rituals in the aforesaid Temple. His further claim
is that he is the son of brother of Sri.K.Ragunath, who was
the hereditary Astrology in the said Temple and since he
expired, it is the right of the petitioner to be engaged for
attending the duties of Jenmakanishan in the said Temple. It
is alleged that respondents No.2 and 3 without honouring the
W.P.(C) No.10357 of 2023
said right of the petitioner, engaged the 4th respondent to
function as Jenmakanishan in the Temple during the festival in
the year 2023. The petitioner therefore seeks the relief of
engaging him by avoiding the 4th respondent as
Jenmakanishan.
7. The learned Standing Counsel for the Malabar
Devaswom Board, on instructions, would submit that the post
of Jenmakanishan (Hereditary Astrologer) is not included in
the Schedule of Establishment of Sree Mannampurath Kavu
Bhagavathy Temple. But it is a fact that an Astrologer is being
engaged for rendering services during the festivals in the
Temple. It is further submitted that Sri.K.Raghunath, who was
attending the duties of the Jenmakanishan in the Temple
could not discharge his duties last year, and therefore the
petitioner was engaged to perform as Jenmakanishan. It is
submitted that it was only a temporary arrangement and
therefore the petitioner has no right to be engaged during the
festivals this year or permanently. The further submission of
the learned Standing Counsel is that two persons submitted
W.P.(C) No.10357 of 2023
applications for being engaged as Jenmakanishan in the
Temple, but both the applications were not supported by
necessary materials to substantiate their claim. In such
circumstances, the 3rd respondent-Board has engaged the 4th
respondent, one among the applicants, on temporary basis to
attend the duties of Jenmakanishan during the festival this
year.
8. The learned counsel appearing for respondents 2
and 3 would submit that those respondents have no objection
in engaging either the petitioner or the 4th respondent.
9. The submissions of the learned counsel appearing
for the petitioner that having functioned as Jenmakanishan in
the Temple last year, he has every right to be engaged this
year also, cannot be accepted for the reason that such a post
is not included in the Schedule of Establishment of the Temple
or the post is shown as a hereditary one and the petitioner is
the person entitled to get the engagement as the person
eligible in the hierarchical line.
W.P.(C) No.10357 of 2023
10. In the light of the submission of the Standing
Counsel of the Malabar Devaswom, there need not be doubt
about the fact that there is no such permanent or temporary
post of Jenmakanishan in Sree Mannampurath Kavu
Bhagavathy Temple, and therefore, the petitioner cannot
claim any right to be appointed or engaged in such a post
either permanently or temporarily. However, if as a matter of
that, he is a traditional Astrologer and has been practising
Astrology he may stake a preferential claim. The 4 th
respondent did not choose to appear and claim that he is a
practising Astrologer. When a person is engaged to discharge
duties as Jenmakanishan in Sree Mannampurath Kavu
Bhagavathy Temple, or for that matter, in any temple, it is the
necessary requirement that the person engaged has sufficient
experience and expertise to discharge the functions of
Jenmakanishan. It is for the 3rd respondent to consider that
aspect and take an appropriate decision, of course, with the
concurrence of the Malabar Devaswom Board.
W.P.(C) No.10357 of 2023
11. In such circumstances, we are of the view that the
petitioner is not entitled to get a writ of mandamus or
direction as he claimed. However, we observe that the 3 rd
respondent shall take appropriate decisions in the matter of
engaging Jenmakanishan in Sree Mannampurath Kavu
Bhagavathy Temple after objectively considering the
comparative qualification of the petitioner and the 4 th
respondent.
With the above observation, this Writ Petition is disposed
of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
W.P.(C) No.10357 of 2023
APPENDIX OF WP(C) 10357/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE STATE COMMITTEE OF THE KERALA
GANAKA KANISHA SABHA,
THIRUVANANTHAPURAM DURING THE YEAR
9.8.2014 TO 8.8.2016
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED
10.6.2022 EVIDENCING RECEIPT OF
HONORARIUM BY THE PETITIONER FROM THE
TEMPLE
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
18-3-2023 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
18-3-2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
