Kerala High Court
Prathinraj vs State Of Kerala on 8 August, 2025
WP (C) No. 22547 of 2025 1 2025:KER:59514
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TH
FRIDAY, THE 8
DAY OF AUGUST 2025 / 17TH SRAVANA,
1947
WP(C) NO. 22547 OF 2025
PETITIONER:
RATHINRAJ
P
AGED 28 YEARS
S/O PRASANNAN, RESIDING AT PRAVEENRAJ BHAVAN,
KANIYARUKONAM, KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA,
PIN - 691306
BY ADV SHRI.DEVARAJ SUBRAMANIAN
RESPONDENTS:
1
TATE OF KERALA
S
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2
HE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE ADVISORY
T
COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA
BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM,
KERALA, PIN - 691306
3
HE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE FESTIVAL
T
COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA
BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM,
KERALA, PIN - 691306
4
RAVANCORE DEVASWOM BOARD
T
REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,
NANDANCODE, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN - 695003
WP (C) No. 22547 of 2025 2 2025:KER:59514
5
HE COMMISSIONER
T
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695016
6
HE STATION HOUSE OFFICER
T
KADAKKAL POLICE STATION, KADAKKAL PO, KOLLAM,
PIN - 691306
7
HE SECRETARY
T
THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE FESTIVAL
COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA
BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL P.O.,
KOLLAM, KERALA, PIN - 691306
8
HE PRESIDENT
T
THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE FESTIVAL
COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA
BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL P.O., KOLLAM,
KERALA, PIN - 691306
9
HE SECRETARY
T
THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE ADVISORY
COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA
BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM,
KERALA, PIN - 691306
10
HE PRESIDENT
T
THE MANJIPPUZHA BHAGAVATHI BHADRAKKAL TEMPLE ADVISORY
COMMITTEE, REPRESENTED BY ITS SECRETARY, MANJIPPUZHA
BHAGAVATHI BHADRAKKAL TEMPLE, KOTTUKKAL PO, KOLLAM,
KERALA, PIN - 691306
11
AJESH
R
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RSS MANDALAM KARYAVAHAK,
RESIDING AT KODIVILA VEEDU, MELAKKADU, KOTTUKKAL PO,
KOTTUKKAL KOLLAM, KERALA, PIN - 691306
12
IVANATH
S
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RSS SHAKHA SHIKSHAK, RESIDING
AT SURESH BHAVAN, KOTTUKKAL PO, KOTTUKKAL, KOLLAM,
KERALA, PIN - 691306
WP (C) No. 22547 of 2025 3 2025:KER:59514
13
NNIKRISHNAN
U
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RSS MANDALAM BHOUDIK PRAMUKH,
RESIDING AT PAZHAVILA VEEDU, KOTTUKKAL PO, KOTTUKKAL,
KOLLAM, KERALA, PIN - 691306
14
UBASH CHANDRABOSS
S
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RESIDING AT KANAVU HOUSE,
KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306
15
REEKUMAR
S
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RESIDING AT NEDUVILA VEEDU,
KOTTUKKAL PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306
16
HIVAJI
S
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RESIDING AT CHARUVILA VEEDU,
MELE MELAKKADU, KOTTUKKAL PO, KOTTUKKAL, KOLLAM,
KERALA,
PIN - 691306
17
HYAM KUMAR
S
S/O KUSHALAN PILLA, AGE NOT KNOWN TO THE PETITIONER,
RESIDING AT SARITHA VILASAM, CHERUKULAM PO, KOLLAM,
KERALA, PIN - 691306
18
ANEESH
S
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RESIDING AT KUTTIYIL VEEDU,
EZHIYAM PO, KOTTUKKAL, KOLLAM, KERALA, PIN - 691306
19
HYAM
S
FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE NOT
KNOWN TO THE PETITIONER, RESIDING AT MANGALATH VEEDU,
VALAYAR PO, KOLLAM, KERALA, PIN - 696587
20
ASHTRIYA SWAYAM SEVAK SANGAM
R
RSS KARYALAYAM, MADHAVA NIVAS, PERANDOOR ROAD,
ELAMAKKARA, ERNAKULAM, KERALA REPRESENTED BY ITS
KARYAVAHAK.
21
HAJRANG DAL
B
VHP SAMSKAREEKA KENDRAM, KALOOR, KOCHI, ERNAKULAM,
KERALA, REPRESENTED BY ITS PRESIDENT
WP (C) No. 22547 of 2025 4 2025:KER:59514
22
ISHWA HINDU PARISHAD
V
VHP SAMSKAREEKA KENDRAM, KALOOR, KOCHI, ERNAKULAM,
KERALA, REPRESENTED BY ITS PRESIDENT
ADDITIONAL R20 TO R22 ARE IMPLEADED AS PER THE ORDER
[
DATED 26/06/2025 IN I.A.NO.1/2025 IN WP(C)22547/2025]
BY ADV SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
OTHER PRESENT:
ADV. S.RAJMOHAN, SENIOR GOVERNMENT PLEADER
THIS
WRIT
PETITION
(CIVIL)
HAVING
COME
UP
FOR
FINAL
EARING
H ON08.08.2025,
THECOURT
ON
THE
SAME
DAYDELIVERED
THE
FOLLOWING:
WP (C) No. 22547 of 2025 5 2025:KER:59514
J U D G M E N T
Raja Vijayaraghavan V, J.
The petitioner states that he is a devotee of the Manjippuzha Bhagavathi
BhadrakaliTemple,Kollam.Hisgrievanceisthatthepartyrespondentsareusingthe
temple and its premises for activities that are unconnected with the temple. It is
furtherallegedthatthepremisesarebeingusedforconductingmassdrills,weaponry
training,andSakhasessionsbyrespondentNos.11to19andadditionalrespondent
Nos. 20 to 22.
2. When the matter was taken up for consideration, it was submitted
before this Court by the learned Standing Counsel appearing for the Devaswom
BoardthattheTempleAdvisoryCommitteeoftheManjippuzhaBhagavathiBhadrakali
Templehadalreadybeendissolvedbyorderdated14.05.2025.Itisfurthersubmitted
that the temple is now under thedirectmanagementoftheDevaswomBoard.Itis
also submitted that the Temple Advisory Committee shall be constituted in
accordancewiththeprovisionsoftheActandtheRules. Thelearnedcounselfurther
submits that since the DevaswomBoardisnowdirectlyadministeringthetemple,it
shallensurestrictcompliancewiththestipulationsanddirectionsissuedbythisCourt
inG. Vyasan. v. State of Kerala and Others1, as wellas with the Ext. P4 Circular.
1
[2023 KHC OnLine 9216]
WP (C) No. 22547 of 2025 6 2025:KER:59514
3. Inresponse,thelearnedcounselappearingforthepetitionersubmitted
that the petitioner would be satisfied if the directions in Ext.P4 Circular and the
observations of this Court intheabovejudgmentarecompliedwithinitsletterand
spirit.
4. Wehaveconsideredthesubmissionsadvancedandhavegonethrough
the records.
5. In Vyasan G. and another (supra) a Division Bench of this Court,
after taking note of the observations in Santharam Roy T.S. v. Travancore
Devaswom Board and others2, and in Chandu K. v. Travancore Devaswom
Board3, have held in unequivocal terms that temple premises cannot be used for
conducting mass drill or weaponry training by the devotees or a group of persons.
6. Ext.P4 Circular was issued by the Devaswom Board as early as
20.10.2023, reiterating the earlier Circulars that temple premises are utilised solely
for activitiesintrinsicallyconnectedtothetemple,andnotformassdrills,weaponry
training,oranyothersuchunrelatedactivities. Inlightoftheabove,itisimperative
that no activity other thanregular,traditionalrites,ceremonies,andpurelyreligious
functions associated with the temple shall be permitted in the temple premises.
Undernocircumstancesshallthetemplepremisesbeusedforconductingmassdrills
or weaponry training by any individual or group.
2
( 2022 (2) KHC 595)
3
[(2021 (3) KHC 379)
WP (C) No. 22547 of 2025 7 2025:KER:59514
7. Inthatviewofthematter,thisWritPetitionisdisposedofbydirecting
respondentNos.2,4and5toensurethatthereisnoviolationofExts.P4Circularin
the precincts of the Manjippuzha Bhagavathi Bhadrakali Temple. If any violation is
reported, the 6th respondent, who is the Station House Officer, Kadakkal Police
Station,shallinterveneandensurethatthedirectionsissuedbythisCourtarestrictly
complied with.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
d/-
S
K.V. JAYAKUMAR,
JUDGE
APM
WP (C) No. 22547 of 2025 8 2025:KER:59514
APPENDIX OF WP(C) 22547/2025
PETITIONER EXHIBITS
Exhibit P1
A TRUE
COPY
OF
THE
NOTICE
OF
THE
TEMPLE
FESTIVAL
Exhibit P2
A TRUE
COPYOF
THERELEVANT
IMAGES SHOWCASING
THE
FLAGS AND BANNERS PUT UP BY THE
RESPONDENTS
11
TO
19,
IN THE MANJIPPUZHA
BHAGAVATHI
BHADRAKKAL TEMPLE
AS
PART
OF
THE
TEMPLE FESTIVAL
Exhibit P3
A TRUE
COPY
OF
THE
NOTICE
DATED
05.04.2025,
ISSUED
BY
THE 6TH RESPONDENT
TO THE
9TH
RESPONDENT
Exhibit P4
A TRUE
COPY
OF
THE
CIRCULAR
DATED
20.10.2023
ISSUED BY THE 4TH RESPONDENT
Exhibit P5
A TRUE
COPYOFTHE
VIDEOFOOTAGEOF
THEMUSIC
PERFORMANCE
ALONGWITHPHOTOGRAPHSEVIDENCING
THE
SHAKHAS
CONDUCTED BY
THE
RSS
ON
TEMPLE
GROUNDS
ALONGWITH
PHOTOGRAPHS SHOWCASINGTHE
FLAGS
AND BANNERS PUT
UP
BY THE
RSS
AND
BHAJRANG DAL
Exhibit P6
A TRUE COPY OF THE COMPLAINT DATED
06.04.2025,
SUBMITTED BY
THE PETITIONER
BEFORE THE 6TH RESPONDENT
Exhibit P7
A TRUE
COPY
OF
THE
FIR
REGISTERED
BY
THE
6TH
RESPONDENT DATED 07.04.2025
