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Kerala High Court
Hariprasad K vs Sree Kollakal Poroor Madom Devi (Idol) on 8 December, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:94705
WP(C) Nos. 41831/2025 and 44400/2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 41831 OF 2025
PETITIONER:
HARIPRASAD K, AGED 62 YEARS, S/O UNNIKRISHNAN
NAIR, KOYIPURATH THEKKETHIL, CHOOLA THERUVU PO,
KARTHIKAPPALLY TALUK, ALAPPUZHA, PIN - 690506
BY ADVS.
SRI.B.HARISH KUMAR
SMT.KRISHNAPRIYA C.R.
RESPONDENTS:
1 SREE KOLLAKAL POROOR MADOM DEVI (IDOL)
MUTHUKULAM NORTH, CHOOLATHERUVU P. O, HARIPAD
GROUP, ALAPPUZHA, REPRESENTED BY ITS NEXT FRIEND
THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD,
PANDAVARKAVU DEVASWOM, MUTHUKULAM P. O,
ALAPPUZHA - 690506
2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE,
KOWDIAR, THIRUVANANTHAPURAM - 695003
3 THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, HARIPAD GROUP,
HARIPAD, ALAPPUZHA - 690514
2025:KER:94705
WP(C) Nos. 41831/2025 and 44400/2025 2
4 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
TRAVANCORE DEVASWOM BOARD,
DEVASOM HEADQUARTERS, NANTHANCODE, KOWDIAR,
THIRUVANANTHAPURAM - 695003
5 K.G. RADHAKRISHNA PILLAI
'SREESAILAM', MUTHUKULAM NORTH CHOOLATHERUVU P.O,
ALAPPUZHA - 690506
6 THE STATION HOUSE OFFICER,(CORRECTED)
KAREELAKULANGARA POLICE STATION, KANADALLOOR PO,
ALAPPUZHA; KANAKAKUNNU POLICE STATION,
VELANCHIRA, PATTOLI MARKET P.O., ALAPPUZHA,
KERALA, PIN - 690531; ADDRESS OF RESPONDENT 6 IS
CORRECTED AS PER ORDER DATED 19.11.2025 IN
I.A.1/25 IN WP(C) 41831/2025 - 690535
BY ADVS.
SRI.G.SANTHOSH KUMAR (P). SC TDB
SRI.T.S.HARIKUMAR FOR R5
SRI.S RAJMOHAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.12.2025, ALONG WITH WP(C).44400/2025, THE COURT ON
08.12.2025 DELIVERED THE FOLLOWING:
2025:KER:94705
WP(C) Nos. 41831/2025 and 44400/2025 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 44400 OF 2025
PETITIONER:
KADASSERI MUNNILA NSS KARAYOGAM NO. 1062,
AGED 57 YEARS, MUTHUKULAM NORTH,
CHOOLATHERUVU P. O., REPRESENTED BY IS PRESIDENT,
R. JAYAPRAKASH S/O RAGHAVAN PILLAI,
AMBADIYIL, MUTHUKULAM NORTH, CHEPPAD P. O,
ALAPPUZHA,, PIN - 690507
BY ADVS.
SRI.B.HARISH KUMAR
SMT.KRISHNAPRIYA C.R.
RESPONDENTS:
1 SREE KOLLAKAL POROOR MADOM DEVI (IDOL)
REPRESENTED BY ITS NEXT FRIEND THE SUB GROUP
OFFICER, TRAVANCORE DEVASWOM BOARD, PANDAVARKAVU
DEVASWOM, MUTHUKULAM P. O, ALAPPUZHA- 690506
2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY , DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003
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WP(C) Nos. 41831/2025 and 44400/2025 4
3 THE DEVASOM COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, DEVASOM HEADQUARTERS, NANTHANCODE,
KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003
4 THE ASSISTANT DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, HARIPAD GROUP,
HARIPAD, ALAPPUZHA, PIN - 690514
5 SREE KOLLAKAL POROOR MADOM DEVI KSHETHRAM
ADVISORY COMMITTEE
REPRESENTED BY ITS PRESIDENT, MURALEEDHARAN.G,
AGED 62 YEARS, SOPANAM, MUTHUKULAM NORTH,
CHOOLATHERUVU P. O, ALAPPUZHA, PIN - 690506
6 ANIL. C, AGED 60 YEARS
S/O CHELLAPPAN, SECRETARY, SREE KOLLAKAL POROOR
MADOM DEVI KSHETHRAM ADVISORY COMMITTEE, RESIDING
AT PADANAPARAMBI MUTHUKULAM NORTH, CHOOLATHERUVU
P. O, ALAPPUZHA, PIN - 690506
7 K.G. RADHAKRISHNA PILLAI, 'SREESAILAM',
MUTHUKULAM NORTH CHOOLATHERUVU P.O, ALAPPUZHA,
PIN - 690506
8 SUPERINTENDENT OF POLICE, OFFICE OF
SUPERINTENDENT OF POLICE, CIVIL STATION WARD,
ALAPPUZHA- 688001
9 THE STATION HOUSE OFFICER
KANAKAKUNNU POLICE STATION, VELANCHIRA, PATTOLI
MARKET PO, ALAPPUZHA, KERALA, PIN - 690531
BY ADVS.
SRI.T.S.HARIKUMAR FOR R5
SRI. S. RAJMOHAN, SR GP
SRI. G SANTHOSHKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.12.2025, ALONG WITH WP(C).41831/2025, THE COURT ON
08.12.2025 DELIVERED THE FOLLOWING:
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WP(C) Nos. 41831/2025 and 44400/2025 5
COMMON JUDGMENT
K. V. Jayakumar, J.
These Writ Petitions are preferred with respect to various customary
rites in Sree Kollakal Poroor Madom Bhagavathi Temple. The writ petitioner
in W.P(C). No.41831/2025 is one Hariprasad K representing nine families.
WP(C) No.44400/2025 is filed by Kadassery Munnilla NSS Karayogam
No.1062.
2. These matters pertain to certain rituals concerning the annual
festival of Kollakal Poroor Madom Devi Temple, Muthukulam. There are
rival claims about the conduct of Ethirelppu Ulsavam, Koottom Kottu and
Para Ezhunellippu of the said temple.
3. As common issues are involved, with the consent of both sides,
both these writ petitioners are taken up and disposed of by a common
judgment. W.P(C). No.41831/2025 is taken as the lead case, and parties and
exhibits shall be referred to as stated in the said Writ Petition unless
otherwise specifically stated.
4. The petitioner in WP(C)No.41831/2025, Hariprasad, stated that
Kollakal Poroor Madom Devi Temple was consecrated by 8 Nair families
and one Namboodiri family of Muthukulam about 400 years ago. Those
families are Koyipurath, Kapakassery, Moolakkal, Kadasseril, Edasseril,
Njavarakkal, Kaloor Nair Kudumbom, Kappolil Kudumbom and Purakkattu
Illam.
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5. It is stated that there exist two shrines in the compound; one is
Kollakal Bhagavathi and the other is Poroor Madom Bhagavathi. The said
temple is located in more than one acre of property.
6. It is further stated that the first seven Nair families have special
customary rites over the Kollakal Bhagavathi shrine and the eighth Nair
family and one Namboodiri family have special customary rites over the
Poroor Madom Bhagavathi shrine. The petitioner, Hariprasad, states that he
is one member among the eight Nair families and he represents the others
also to protect the customary and religious rites, namely;
(a) Ethirelpu Ulsavom (commencing on 24th Vrishchikam every year)
(b) Koottom Kottu (in Kumbham every year)
7. It is submitted that the entire administration of the Temple was
vested with the aforesaid nine families before the Temple was included in
the list of incorporated Devaswoms under the 2nd respondent, Travancore
Devaswom Board.
6. Subsequently, with the financial crisis, Kadassery Munnila NSS
Karayogam No.1062 took over the management and administration of the
temple from the families after resolving the right to conduct customary rites,
including Para Ezhunnallippu in the Malayalam month of Makaram every
year. Nine families have special customary rites and ceremonies in
connection with the Ethirelpu Ulsavom consists of special pooja, Kalam
Ezhuthum Pattum and Ezhunnallaath on Jeevatha (Bimbom on which the
deity is fixed at the time of procession around the temple).
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7. The petitioner further submits that for the first seven days
commencing from 24th Vrishchikam, the seven Nair families would conduct
festival in Kollakal Bhagavathi temple and in the next two days, by the 8th
Nair family and Namboodiri family in Poroor Madom Bhagavati temple.
The Jeevatha which was being used for Ethirelpu Ulsavam was made by
nine families centuries back. It is further contended that about 70 years back,
Jeevatha had been destroyed by fire and nine families substituted a new
Jeevatha with Aranmula mirror and gold as decorative materials, with the
year of manufacture inscribed in it. It is further stated that the said Jeevatha
is being used since then for Ethirelpu Ulsavam and for other festivals of the
temple. Ever since the handing over of the administration of the temple to
the NSS Karayogam, Ethirelpu Ulsavam and Koottom Kottu has been
conducted by nine families with the above Jeevatha without any interruption.
The petitioner further states that subsequently, the administration and
management of the temple was handed over to the 2nd respondent in
accordance with the provisions of the Travancore Cochin Hindu Religious
Institutions Act, 1950 (for the sake of brevity, 'the TCH & RI Act').
8. The petitioner in W.P.(C) No.41831/2025 further states that some
members of the Kshetra Upadesaka Samithi (Temple Advisory Committee),
including the 5th respondent, Sri. K. Radhakrishna Pillai, has asserted certain
new rights that would eclipse the rights of nine families with regard to the
conduct of the religious rites and ceremonies of Ethirelpu Ulsavam and
Koottom Kottu.
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9. During the year 2015, the Kshetra Upadesaka Samithi constructed
a new Jeevatha. But the new Jeevatha was not accepted and recognised by
the 2nd respondent, Devaswom Board. The objection was on the premise that
the Samithi had not submitted the accounts as to the quantity of gold and
other precious metals used for decorating the new Jeevatha.
10. The NSS Karayogam had preferred a complaint before the
Ombudsman. Based on the complaint, the learned Ombudsman initiated
stringent action against the Kshetra Upadesaka Samithi and disqualified
some of its members. The petitioner further asserted that the new Jeevatha
constructed by the Kshetra Upadesaka Samithi was taken over by the
Devaswom Board.
11. During the year 2015, the members of the nine families
approached the 2nd respondent, the Devaswom Board, seeking permission to
continue the customary rites observed by the families. As per the
communications of the Travancore Devaswom Board (Exts. P1 and P2) the
Board has recognised and approved the special rites of nine families in the
conduct of Ethirelpu Ulsavam.
12. However, the disqualified members of the Kshetra Upadesaka
Samithi obstructed the conduct of the ceremonies. Thereafter, the members
of nine families approached this Court and filed Writ Petition as
W.P.(C)No.37398/2016. Vide Ext.P3 order dated 01.12.2016 in
W.P.(C)No.37398/2016, this Court has directed the 2nd respondent to take a
decision as to which Jeevatha has to be used for the procession.
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WP(C) Nos. 41831/2025 and 44400/2025 9
13. In the meantime, the Ombudsman, as per the order dated
17.04.2018 issued directions to the 2nd respondent to initiate legal
proceedings against the disqualified members of the Kshetra Upadesaka
Samithi as borne out by Ext.P4.
14. DBP No.129/2015 was generated on the basis of the report of the
Ombudsman. The NSS Karayogam has filed a Writ Petition staking the
claim for 'Para Ezhunnallippu' using the Jeevatha of nine families, on the
basis of a compromise decree passed by the District Court, Mavelikkara in
A.S. No. 231/2005. It is contended that, as per Ext.P5 judgment of this Court
dated 22.12.2015 in W.P.(C) No.38202/2015 and connected matters, this
Court has also held that the NSS Karayogam has the right to conduct the
Para Ezhunnallippu with the old Jeevatha of nine families.
15. It is further submitted that the Writ Petition filed by the Kshetra
Upadesaka Samithi, W.P.(C) No. 2614/2016 challenging the compromise
decree was also disposed of by this Court on 12.02.2025, confirming the
right of the NSS Karayogam to conduct Para Ezhunnallippu with Jeevatha of
nine families for 5 days as declared by the District Court in the compromise
decree. In that judgment, it is made clear that any collection of money in
relation to Para Ezhunnallippu can only be done against the sealed receipts
issued by the Board.
16. The petitioner further states that the disqualified members of the
Kshetra Upadesaka Samithi are still continuing as members of the Finance
Committee, violating the orders of the Ombudsman, as evident from the
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brochures issued by the Upadesaka Samithi in relation to the festivals from
02.10.2025 to 08.10.2025.
17. The petitioner apprehends that the members of the Kshetra
Upadesaka Samithi would cause obstructions to the religious and customary
right to conduct festivals namely, Ethirelppu Ulsavam and Koottom Kottu, to
be held from 10.12.2025 onwards. Hence, the petitioner has submitted
Ext.P7 representation before the 2nd respondent Board seeking permission to
conduct the rituals of the temple as per the custom prevailing in that temple
using the Jeevatha of nine families. Ext.P7 representation is pending
consideration by the Board.
18. It is in the above backdrop that the petitioner has approached this
Court seeking the following reliefs:
1. To issue a writ of mandamus order or direction commanding
the respondents 2 to 4 to take effective measures for ensuring the
smooth conduct of Ethirelpu Ulsavom and Koottom Kottu in
Kollakal Poroor Madom Bhadra Kali temple in Muthukulam with
the Jeevatha of the 9 families commencing from 10/12/2025.
2. To issue a writ of mandamus order or direction commanding
the 6th respondent to grant adequate police protection for the smooth
conduct of customary/religious right of 9 families namely Ethirelpu
Ulsavom and Koottom Kottu from the obstruction/interference
caused by the 5th respondent and other disqualified members.
3. To issue a writ of mandamus order or direction commanding
the 2nd respondent to consider and dispose of Exhibit P7
representation in accordance with Exhibit P2 and customary rites
followed the time immemorial before the commencement of festival
on 10/12/2025 onwards.
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19. The petitioner in the other Writ Petition, W.P.(C) No. 44400/2025
is Kadasseri Munnila NSS Karayogam No.1062. According to the NSS
Karayogam, the Para Ezhunnallippu in the temple has been observed by the
NSS Karayogam for the past several decades. They have submitted Ext. P9
representation before the Board staking their claim to continue the
customary right of Para Ezhunnallippu of this year which begins on
16.01.2026. They have claimed the following reliefs:
1. To issue a writ of mandamus order or direction commanding the
respondents 1 to 4 to take effective measures for ensuring the smooth
conduct of Para Ezhunnallippu in Kollakal Poroor Madom Bhadra
Kali temple in Muthukulam with the Jeevatha of the 9 families
commencing from 16/01/2026 onwards.
2. To issue a writ of mandamus order or direction commanding the
8th & 9th respondent to grant adequate police protection for the
smooth conduct of customary/religious rituals of the petitioner
Karayogam namely Para Ezhunnallippu from the
obstruction/interference caused by the 5 to 7 respondents and other
disqualified members.
3. To issue a writ of mandamus order or direction commanding the
respondents 2 & 3 to take appropriate action against advisory
committee headed by respondent 5 & 6 for violating the orders of the
court of law.
4. To issue a writ of mandamus order or direction commanding the
3rd respondent to consider and dispose of Exhibit P9 representation in
accordance with Exhibit P1, P4 & P6 and customary rituals followed
from time immemorial before the commencement of Para
Ezhunnallippu on 16/01/2026.
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WP(C) Nos. 41831/2025 and 44400/2025 12
20. Adv. Harish Kumar B. appeared for the petitioners in both these
Writ Petitions. According to him, the Ethirelppu Ulsavam and Koottom
Kottu, the customary rituals of Kollakkal Paroor Madom Bhadrakali Temple,
Muthukulam were conducted by the nine families - 8 Nair families and one
Namboodiri family - for the past several decades using their Jeevatha. The
old Jeevatha was lost in fire about 7 decades back and thereafter, they
constructed a new Jeevatha. For the last 70 years, the said Jeevatha was
being used by the nine families for Ethirelppu Ulsavam and Koottom Kottu.
Likewise, the Para Ezhunnallippu of the temple was being observed by the
Kadassery Munnila NSS Karayogam for the past several decades.
21. The learned counsel further pointed out that some members of the
Temple Advisory Committee, headed by the 5th respondent, are trying to
obstruct the customary rights of nine families and the NSS Karayogam.
Therefore, the petitioners in these Writ Petitions have submitted separate
representations before the Board staking their claim to observe the
customary rites in the temple during the year 2025 - 2026. It is further
submitted that the administration of the temple is being conducted by the
Travancore Devaswom Board and therefore, nine families and the NSS
Karayogam have no manner of right in the rituals of the temple.
22. The learned counsel submitted that the deity or the Temple
Advisory Committee is not a party to the decree passed in A. S.
No.231/2005 by the Additional District Court, Mavelikkara and therefore,
the said decree is not binding on the temple or the devotees. He submitted
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WP(C) Nos. 41831/2025 and 44400/2025 13
that the Original Suit instituted by the NSS as O.S.No. 16/1998 claiming the
customary rights was dismissed by the Sub Court, Mavelikkara. The learned
counsel pointed out that now the NSS Karayogam is claiming the customary
right and trying to circumvent the findings of the Civil Court.
23. According to the learned counsel for the Kshethara Upadesaka
Samithi, the Jeevatha constructed by the Samithi has already been dedicated
to the deity and the same has to be used for all festivals.
24. The learned counsel for the Kshethra Upadesaka Samithi
contended that they have filed an Original Suit (O.S. No.198/2025) before
the Munsiff Court, Haripad to declare that the compromise entered between
the petitioner, NSS Karayogam and the Devaswom Board in A.S. No.
231/2005 is not binding on the deity. The learned counsel would further
submit that the 5th respondent being the President of the Temple Advisory
Committee has submitted Ext. R5(b) representation as early as 02.06.2025
expressing their intention to undertake the Para Ezhunnalippu using the
Jeevatha.
25. Sri. G. Santhosh Kumar, the learned counsel for the Travancore
Devaswom Board submitted that the Para Ezhunnallippu of the temple was
observed by the NSS Karayogam for the past several decades using the old
Jeevatha constructed by the nine families. Likewise, the other customary
rituals namely Ethirelppu Ulsavam and Koottom Kottu are being conducted
by the nine families using the old Jeevatha. It is submitted that this Court
had also permitted the petitioners to conduct those customary rites on the
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basis of the decree passed in A.S. No. 231/2005. The learned counsel would
submit that in view of the decree passed in A.S. No. 231/2005 and the
judgments of this Court in various Writ Petitions, the nine families and the
NSS will have the right to observe the rituals of the temple.
26. We have carefully considered the submissions advanced and
perused the materials placed on record.
27. The issues involved in these Writ Petitions are:
1. Whether the nine families have the right to conduct the
Ethirelppu Ulsavam and Koottom Kottu?
2. Whether the NSS Karayogam has the right to conduct the Para
Ezhunnallippu in the temple?
3. Which Jeevatha is to be used for the said ceremonies?
28. There are rival claims as to the conduct of Para Ezhunallippu,
Ethirelppu Ulsavam and Koottom Kottu, the customary rites of Kolakkal
Poroor Madom Bhagavathi Temple. The petitioner in WPC 44400/2025, the
NSS Karayogam claims that they are conducting the Para Ezhunnallippu
Ulsavam in the said temple for the past several years continuously using the
old Jeevatha constructed by the nine families. The NSS Karayogam has
instituted O.S.16/1998 before the Sub Court, Mavelikkara claiming the
declaration of the customary rights to conduct Para Ezhunnallippu.
However, the said suit was dismissed. Thereupon, the NSS Karayogam
preferred A.S.No.231/2005 before the District Court, Mavelikkara. Later, the
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matter was compromised between the NSS Karayogam and the TDB. On the
basis of the compromise, the decree has been passed by the District Court
permitting the NSS Karayogam to perform the religious rites of Para
Ezhunnallippu. Likewise, the petitioner in W.P(C) No.41831/2025
Hariprasad, representing the nine families, claimed that the Ethirelppu
Ulsavam and Koottom Kottu are being conducted by these nine families for
the past several years without any interruption, using the old Jeevatha.
29. The learned counsel for the 5th respondent Kshetra Upadesaka
Samithi challenges the claims of the writ petitioners mainly on three
grounds. Firstly, the NSS Karayogam and the nine families have no
customary rights in the temple, as the administration is conducted by the
Devaswom Board and the Temple Advisory Committee. Secondly, the
compromise decree in A.S.No.231/2005 is not binding on the Temple
Advisory Committee as it was not a party to those proceedings. It is further
contended that the Devaswom Board ought not have entered a compromise
in A.S.No.231/2005 giving right to a particular section of the Hindu region.
Thirdly, the new Jeevatha constructed by the Temple Advisory Committee is
approved and recognised by the Board and therefore, it should be invariably
used in all the festivals and processions of the temple.
30. But the learned counsel for the TDB submitted that they have no
serious objection to the conduct of customary rites of the temple like Para
Ezhunelppu, Koottom Kottu and Ethirelppu Ulsavam by the NSS and the
nine families. According to him, those rights are being performed by the
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NSS Karayogam and the nine families for the last several years and
recognised and approved by this Court in the earlier Writ Petitions. The
learned Standing Counsel for the Board would also point out that there is an
effective and valid decree in favour of the NSS Karayogam and therefore,
the TDB is estopped from taking a different stand in these Writ Petitions.
31. On a careful consideration of the submissions of the counsels and
the materials placed on record, we find that there is a valid and effective
compromise decree in favour of the NSS Karayogam in A.S.No.231/2005.
Even though this challenge by the Kshetra Upadesaka Samithi by instituting
O.S.No.198/2025 seeking a declaration that it is not binding on the deity, no
orders were passed or brought to the notice of this Court by the Munsiff
Court, Haripad.
32. Once a decree has been passed by a court of competent
jurisdiction, whether it is biparte, ex parte or a compromise decree, it is
valid, binding and executable unless and until it is set aside in appeal or in
subsequent proceedings.
33. There is no dispute between the parties as to the fact that the
compromise decree is still in force. Moreover, at the time of passing the
compromise decree, the Temple Advisory Committee was not in existence.
It is pertinent to note that Section 31A, which provides for the formation of
the Temple Advisory Committee, was inserted by the Act 5 of 2007 with
effect from 12.04.2007. Section 31A of the TCH & RI Act is extracted
hereunder:
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"31A. Formation of Temple Advisory Committees-
(1) A Committee for each temple in the name "Temple Advisory
Committee" (name of the temple) may be constituted in order to
ensure participation of Hindu devotees.
(2) The Temple Advisory Committee constituted under
sub-section (1) may be approved by the Board.
(3) The composition of an Advisory Committee under
sub-section (1) shall be in such manner as may be prescribed by
rules made by the Board, not inconsistent with any practice,
prevailing, if any."
34. On going through Section 31A, it is clear that the purpose of the
formation of the Temple Advisory Committee is to ensure the participation
of the Hindu devotees in the temples. Subclause (2) of Section 31A
mandates that the Temple Advisory Committee constituted under Subsection
(1) shall be approved by the Board. As per subclause (3) of Section 31A, the
composition of the TAC shall be as per the rules made by the Board in this
behalf and not inconsistent with any practice prevailing, if any.
35. On a bare perusal of Section 31A, it is crystal clear that the
Temple Advisory Committee formed under Section 31A(1) has to function
under the control and supervision of the Devaswom Board. Therefore, the
Temple Advisory Committees cannot take a different stand as against that of
the Devaswom Board.
36. Yet another argument advanced by the learned counsel for the
Kshetra Upadesaka Samithi is that the new Jeevatha constructed by the
Kshetra Upadesaka Samithi shall be used invariably in all the temple
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festivals. We are unable to accept the said contention, since a vigilance
enquiry is pending against some of the members of the Temple Advisory
Committee with regard to the accounts of the construction. The enquiry
proceedings are still underway.
37. We make it clear that the larger questions as to the customary
rights of the nine families and the NSS Karayogam shall be considered and
the decision shall be taken by the Civil Court, after affording the parties an
opportunity of being heard, untrammelled by the observations made by this
Court in this judgment.
In the light of the above discussion, we are of the view that the Writ
Petitions can be disposed of with the following directions:
1. The Kadassery Munnilla NSS Karayogam is permitted to conduct the
Para Ezhunnallippu Ulsavam in Kollakal Poroor Madom Bhagavathi
Temple for the year 2025-26 using the old Jeevatha constructed by
the nine families.
2. The nine families mentioned in WP(C) No.41831/2025 are permitted
to conduct the customary rites of Ethirelppu Ulsavam and Koottom
Kottu for the year 2025-26 using the old Jeevatha, constructed by the
nine families.
3. The Travancore Devaswom Board shall issue necessary orders in this
regard forthwith.
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WP(C) Nos. 41831/2025 and 44400/2025 19
4. It is made clear that the petitioners shall collect contributions from
the devotees only against the sealed coupons issued by the Board.
The writ petitioners shall submit the accounts, duly audited by a
Chartered Accountant, within 30 days after the completion of the
festivals without fail.
5. The Superintendent of Police, Alappuzha shall render necessary
police assistance for the smooth conduct of the aforesaid festivals.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Sbna/
2025:KER:94705
WP(C) Nos. 41831/2025 and 44400/2025 20
APPENDIX OF WP(C) NO. 41831 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMUNICATION BY THE
2ND RESPONDENT TO THE 4TH RESPONDENT
DATED 4/12/2015
Exhibit P2 A TRUE COPY OF THE ORDER R.O.C
NO.1421/15/N.S.2DATED 10/12/2015 ISSUED
BY THE 2ND RESPONDENT
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED
1/12/2016 IN W. P. (C) NO. 37398 OF
2016 PASSED BY THIS HON'BLE COURT
Exhibit P4 A TRUE COPY OF THE ORDER IN COMPLIANT
NO. 168/2016 DATED 17/4/2018 OF THE
OMBUDSMAN
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO. 38202/2015 AND CONNECTED CASE
DATED 22/12/2015 PASSED BY THIS
HONOURABLE COURT
Exhibit P6 A TRUE COPY OF THE NOTICE ISSUED BY THE
UPADESAKA SAMITHI
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
18/10/2025 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R.5(A) The true Photostat copy of the judgment
in W.P© No. 2614 of 2016, dated
12-02-2025
Exhibit R. 5(B) The true Photostat copy of the Order in
R.P No. 579 of 2025 in W.P© No. 2614 of
2016 dated 23-09-2025
Exhibit R.5(C) The true Photostat copy of the order of
the Deputy Devaswom Commissioner,
Travancore Devaswom Board dated
13-04-2018
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WP(C) Nos. 41831/2025 and 44400/2025 21
PETITIONER EXHIBITS
Exhibit P8 A true copy of the order dated
15/07/2015 issued by the office of the
2nd respondent
Exhibit P9 A true copy of the complaint
No,168/2016 dated 07/12/2016 passed by
the Ombudsman for Travancore and Cochin
Devasom Board
Exhibit P10 A true copy of the petition dated
26/11/2025 before the 6th respondent
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WP(C) Nos. 41831/2025 and 44400/2025 22
APPENDIX OF WP(C) NO. 44400 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPROMISE FILED ON
21/2/2012 IN A.S. NO. 231/2005 ON THE
FILE OF DISTRICT COURT, MAVELIKARA
TOGETHER WITH THE JUDGMENT DATED
29/2/2012 RECORDING THE COMPROMISE
Exhibit P2 A TRUE COPY OF THE TDB REPORT NO.
129/2015 IN COMPLIANT NO. 102/2015
DATED 19/8/2015
Exhibit P3 A TRUE COPY OF THE PROCEEDING DATED
15/7/2015 ISSUED BY THE 4TH RESPONDENT
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
22/12/2015 IN W. P. © NO. 38202/2015
Exhibit P5 A TRUE COPY OF THE ORDER IN COMPLIANT
NO. 168/2016 DATED 17/4/2018 OF THE
OMBUDSMAN
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED
12/2/2025 IN W.P (C) NO. 2614/2016
PASSED BY THIS HON'BLE COURT
Exhibit P7 A TRUE COPY OF THE NOTICE ISSUED BY THE
UPADESAKA SAMITHI
Exhibit P8 A TRUE COPY OF THE LAWYER NOTICE DATED
NIL ISSUED TO THE SECRETARY OF
PETITIONER KARAYOGAM
Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED
14/11/2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P10 A TRUE COPY OF THE ORDER NO. ROC
16100/25/NS-2 DATED 26/11/2025 ISSUED
BY THE OFFICE OF THE 3RD RESPONDENT
Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED
26/11/2025 SUBMITTED BY THE PETITIONER
BEFORE THE 8TH RESPONDENT
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WP(C) Nos. 41831/2025 and 44400/2025 23
RESPONDENT EXHIBITS
EXHIBIT R.5(A) The true Photos of the Jeevatha
constructed by the devotees of the
Temple
EXHIBIT R.5(B) The true Photostat copy of the request
submitted by the 5th respondent before
the 3rd respondent dated 31-10-2025
along with attachments
