Satheesh B vs State Of Kerala
2025 Latest Caselaw 4015 Ker

Kerala High Court

Satheesh B vs State Of Kerala on 13 February, 2025

Author: Anil K. Narendran

Bench: Anil K. Narendran

W.P.(C)NO.15117 OF 2024              1
2025:KER:12031

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

                                    &

          THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

 THURSDAY, THE 13th DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946

                          WP(C) NO. 15117 OF 2024

PETITIONERS:

     1       SATHEESH B, AGED 54 YEARS,
             S/o AMMU NAIK, AGED 54 YEARS,
             RESIDING AT MADHUR HOUSE, MADHUR P.O.,
             KASARAGOD, PIN - 621124

     2       RAMA GATTY, AGED 67 YEARS,
             S/o KUTTY GATTY, AGED 67 YEARS,
             RESIDING AT KODIMAJALU, MADHUR P.O.,
             KASARAGOD, PIN - 621124

     3       VITTAL GATTY, AGED 52 YEARS,
             S/o NARAYANA GATTY, AGED 52 YEARS,
             RESIDING AT PARAKKILA HOUSE, MADHUR P.O.,
             KASARAGOD, PIN - 62112

     4       PADMARAJ GATTY, AGED 45 YEARS,
             S/o KRISHNA GATTY, AGED 45 YEARS,
             RESIDING AT PARAKKILA HOUSE, MADHUR P.O.,
             KASARAGOD, PIN - 621124

     5       SURESH U.R., AGED 46 YEARS,
             S/o RAMA AGASA, AGED 46 YEARS,
             RESIDING AT ULIYA, MADHUR P.O.,
             KASARAGOD -, PIN - 621124
 W.P.(C)NO.15117 OF 2024          2
2025:KER:12031


     6       RAJESH GATTY, AGED 49 YEARS,
             S/o KRISHANA GATTY, AGED 49 YEARS,
             RESIDING AT ULIYA, MADHUR P.O.,
             KASARAGOD, PIN - 621124

     7       SANTHOSH R, AGED 42 YEARS,
             S/o RAMACHANDRA GATTY, AGED 42 YEARS,
             RESIDING AT VIVEKANANDHA NAGAR, MANNIPADY,
             ARDINAGAR P.O., KASARAGOD, PIN - 62112


             BY ADVS. V.V.NANDAGOPAL NAMBIAR
             PREEJA. P.VIJAYAN
             SMITHA (EZHUPUNNA)
             CHITRA JOHNSON


RESPONDENTS:

     1       STATE OF KERALA,
             REP. BY ITS SECRETARY TO GOVERNMENT,
             REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     2       MALABAR DEVAWOM BOARD,
             REP. BY ITS SECRETARY, HOUSEFED COMPLEX,
             P.O. ERAHNIPALAM, KOZHIKODE, PIN - 673006

     3       COMMISSIONER,
             MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
             P.O. ERAHNIPALAM, KOZHIKODE, PIN - 673006

     4       ASSISTANT COMMISSIONER,
             MALABAR DEVASWOM BOARD, KASARAGOD DIVISION,
             NOLESWARAM, KASARAGOD, PIN - 671314

     5       MADHUR SREE MADANANTHESWARA VINAYAKA TEMPLE,
             REPRESENTED BY ITS EXECUTIVE OFFICER,
             MADHUR P.O., KASARAGOD, PIN - 671124
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     6        DANAMARTHANDA VARMA ALIAS RAMANTHARASUGAL,
              13, HEREDITARY TRUSTEE,
              MADHUR SREE MADANANTHESWARA VINAYAKA TEMPLE,
              MAYIPPADI KOVILAKAM, SHIRIBAGILU P.O.,
              KASARAGOD, PIN - 671124

     7        ULIYA VISHNU ASRA,
              S/o RAMA ASRA, AGED 70 YEARS, HEREDITARY THANTRY,
              RESIDING AT ULIYA MANE, NEAR MADHUR SREE
              MADANANTHESWARA VINAYAKA TEMPLE, MADHUR P.O.,
              KASARAGOD, PIN - 621124

     8        DERABAIL SIVAPRASAD TANTRY,
              S/o DERABAIL HARIKRISHNA TANTRY, RESIDING AT
              THANTRIES LANE, URUVA, MANGALORE DK P.O.,
              KARNATAKA-, PIN - 621124

 ADDL.R9 BRAHMAKALASHOLSAVA COMMITTEE, MADHUR TEMPLE,
         REPRESENTED BY ITS GENERAL SECRETARY,
         MADHUR, KASARAGOD - 671124

              (ADDITIONAL 9th RESPONDENT IS IMPLEADED AS PER
              ORDER DATED 13.02.2025 IN I.A.No.1 OF 2024)

              BY ADV. R.RANJANIE, SC FOR MALABAR DEVASWOM BOARD
              SRI. MAHESH V RAMAKRISHNAN
              SRI. SHIBU JOSEPH
              SRI. M.SASINDRAN
              SRI. MOHAN C.MENON
              SRI. M.SRIRAM(K/307/2019)
              SRI. P.B.SUBRAMANYAN
              SRI. SABU GEORGE(K/000711/1998)
              SRI. MANU VYASAN PETER(K/000652/2013)
              SMT.MEERA P.(K/000191/2019)
              SRI. S. RAJMOHAN, SR. GP


       THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   13.02.2025,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)NO.15117 OF 2024           4
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                           JUDGMENT

Anil K. Narendran, J.

The petitioners, who are devotees of the deity of Madhur

Sree Madanantheswara Vinayaka Temple, which is a controlled

institution under the 2nd respondent Malabar Devaswom Board,

have filed this writ petition under Article 226 of the Constitution

of India, seeking a writ of certiorari to quash Ext.P10 order dated

03.07.2023 and Ext.P11 order dated 23.11.2023 of the 3rd

respondent Commissioner, Malabar Devaswom Board. The

petitioners have also sought a writ of mandamus commanding

respondents 3 to 6 to conduct 'Samagamam and Samaradhana

of Tantries' as insisted in Ext.P2 'Swarnaprasnacharthu' and by

enforcing Ext.P5 decision of the Tantries (respondents 7 and 8)

with the 6th respondent hereditary trustee, before proceeding to

conduct 'Brahmakalasa Maholsavam', without any further delay,

within a specified time frame as may be fixed by this Court.

2. The averments in the writ petition are to the effect

that the petitioners are ardent worshipers of the deity of Madhur

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Sree Madanantheswara Vinayaka Temple, which is an ancient

Mahakshethra of North Malabar. The 6th respondent is the sole

hereditary trustee of the temple. The 7th respondent is the

hereditary Tantri of the temple. In 1962, when there was no

representative for performing the tantric rites in the hereditary

Tantri family, the then administrators of the temple inducted the

8th respondent's father as the Tantri of the temple. Thereafter,

when some difficulties were seen in the temple in relation to

various rites and ceremonies, a detailed 'Swarnaprasnam' was

conducted in the year 2000, in which it was suggested that the

hereditary Tantri should also perform the tantric rites in the

temple and that, there should be 'Samagamam and

Samaradhana of the Tantries', and they should coordinate and

conduct Tantric rites of the temple. Based on that, Ext.P5 joint

decision was taken between respondents 5, 6, 7 and the father

of the 8th respondent. As per Ext.P5, it was decided to conduct

'Samagamam and Samaradhana' of Tantries. Respondents 6 and

7 started performing Tantric rites on a yearly 'Oozham' basis.

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Thereafter, though the 5th respondent made attempts to conduct

'Samagamam and Samaradhana of the Tantries', the same did

not take place till date, due to the non-cooperation of the father

of the 8th respondent and thereafter that of the 8th respondent.

Now the renovation of the temple is nearing completion. Before

the Brahmakalasam, 'Samagamam and Samaradhana of

Tantries' have to be performed. Contrary to this, the 3rd

respondent Commissioner issued Exts.P10 and P11 orders

stating that non-conducting of 'Samagamam and Samaradhana

of Tantries' is not a bar for conducting the 'Brahmakalasa

Maholsavam'. etc. Feeling aggrieved, the petitioners are before

this Court seeking the aforesaid reliefs.

3. On 11.04.2024, when this writ petition came up for

admission, the learned Senior Government Pleader took notice

on admission for the 1st respondent and the learned Standing

Counsel for Malabar Devaswom Board for respondents 2 to 4.

Urgent notice on admission by speed post was ordered to

respondents 5 to 8, returnable by 22.05.2024. The learned

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Standing Counsel for Malabar Devaswom Board was directed to

get instructions and file counter affidavit within four weeks.

4. The 8th respondent has filed a counter affidavit dated

10.06.2024. The 6th respondent has filed a counter affidavit

dated 20.06.2024, producing therewith Exts.R6(a) to R6(d)

documents, which was followed by a counter affidavit dated

26.06.2024 filed by the 7th respondent. The 3rd respondent has

filed a counter affidavit dated 09.07.2024. The 5th respondent

has also filed a counter affidavit dated 10.10.2024.

5. Heard the learned counsel for the petitioners, the

learned Senior Government Pleader for the 1st respondent State,

the learned Standing Counsel for Malabar Devaswom Board for

respondents 2 to 4 and the respective counsel for respondents 5,

6, 7 and 8 and the additional 9th respondent.

6. The main relief sought for in this writ petition is a

writ of mandamus commanding respondents 3 to 6 to conduct

'Samagamam and Samaradhana of Tantries' as insisted in Ext.P2

'Swarnaprasnacharthu' and by enforcing Ext.P5 decision of the

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Tantries (respondents 7 and 8) with the 6th respondent

hereditary trustee, before proceeding to conduct 'Brahmakalasa

Maholsavam'.

7. According to 'Agama Sastra' Hindu temples represent

the culmination of social and religious aspirations of a society.

The temple is the focal point in the life of a community and often

represents its pride, identity and unity. It draws into its fold

people from its various segments and denominations and binds

them together. The worship that takes place in the sanctum

sanctorum and within the temple premises is important; so are

the festivals and occasional processions that involve the direct

participation of the entire community. They complement each

other. While the worship of the deity in the sanctum sanctorum

might be an individual's spiritual or religious need; the festivals

are the expression of a community's joy, exuberance, devotion

and pride and are also an idiom of a community's cohesiveness.

8. As stated in the counter affidavit filed by the 8 th

respondent, 'Brahmakalasham' is scheduled to be conducted on

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30.03.2025, on the auspicious date fixed for the same, as

directed in Ext.P10 order dated 03.07.2023 and Ext.P11 order

dated 23.11.2023 of the 3rd respondent Commissioner. In the

said counter affidavit, it is stated that Naveekarana Committee

has completed 90% of the work. Every activity is going on

smoothly. The stand taken in the counter affidavit filed by the 8 th

respondent is that 'Samagamam and Samaradhana' mentioned

in Ext.P2 'Swarnaprasnacharthu' only means co-ordination and

co-operation of the two Tantries of the temple, i.e., the

consensus among respondents 7 and 8.

9. During the course of arguments, on a query made by

this Court, the learned counsel for the 8th respondent would

submit that the 8th respondent has absolutely no disputes with

the 7th respondent. The 8th respondent has no objection in

conducting 'Moodappa Seva' and 'Brahmakalasha Maholsavam' in

the temple, in co-ordination and co-operation with the 7th

respondent. The learned counsel for the 7th respondent would

submit that the 7th respondent has absolutely no disputes with

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the 8th respondent. The 7th respondent has no objection in

conducting 'Moodappa Seva' and 'Brahmakalasha Maholsavam' in

the temple, in co-ordination and co-operation with the 8th

respondent.

10. As already noticed, temple festivals are the

expression of a community's joy, exuberance, devotion and pride

and are also an idiom of a community's cohesiveness.

11. Having considered the pleadings and materials on

record and the submissions made at the Bar, we deem it

appropriate to dispose of this writ petition, leaving open the legal

and factual contentions raised by respondents 7, 8 and 9, by

directing the 3rd respondent Commissioner and the 4th

respondent Assistant Commissioner to take necessary steps to

ensure that 'Moodappa Seva' and 'Brahmakalasha Maholsavam in

Madhur Sree Madanantheswara Vinayaka Temple, which is

scheduled to be held from 27.03.2025 to 07.04.2025, is

conducted by the 8th respondent in co-ordination and co-

operation with the 7th respondent.

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The 3rd respondent Commissioner, Malabar Devaswom

Board shall convene a joint meeting of respondents 7, 8 and 9

and also a representative of the petitioners, immediately on

receipt of a certified copy of this judgment, and issue orders for

the conduct of 'Moodappa Seva' and 'Brahmakalasha

Maholsavam in Madhur Sree Madanantheswara Vinayaka

Temple, from 27.03.2025 to 07.04.2025, by the 8th respondent

in co-ordination and co-operation with the 7th respondent, if

found necessary, by modifying the impugned orders to the

extent found necessary.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALEE KRISHNA S., JUDGE

DMR/-