Kerala High Court
Sreekumar Mankuzhy vs State Of Kerala on 25 March, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
WP(C) NO. 12196 OF 2025 1 2025:KER:25362
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
WP(C) NO. 12196 OF 2025
PETITIONERS:
1 SREEKUMAR MANKUZHY,
AGED 52 YEARS,
S/O M NARAYANANKUTTY MENON, RESIDING AT SHREYAS HOUSE,
RAJAJI ROAD, ERNAKULAM TREASURER HINDU SEVA KENDRAM
REG. NO.563/IV/2019 68/991, 2ND FLOOR, THARAKANS
COMPLEX, K.K.PADMANABHAN ROAD, ERNAKULAM NORTH.P.O.,
KOCHI, PIN - 682018.
2 ANOOP V.S.,
AGED 39 YEARS,
S/O SADANANDAN, VATTAPARAMBIL HOUSE, AMBAYATHODE P.O,
KOTTIYOOR, KANNUR, PIN - 670651.
BY ADVS.
R.KRISHNA RAJ
R.PRATHEESH (ARANMULA)
E.S.SONI
SREERAJA V.
LAXMI PRIYAA N.P.
RESPONDENTS:
1 STATE OF KERALA
REVENUE(DEVASWOM) DEPARTMENT, KERALA GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM REPRESENTED BY ITS
SECRETARY TO GOVERNMENT, PIN - 695001.
2 MALABAR DEVASWOM BOARD,
HOUSEFED COMPLEX ERANHIPALAM P.O., KOZHIKODE
REPRESENTED BY ITS SECRETARY, PIN - 673003.
WP(C) NO. 12196 OF 2025 2 2025:KER:25362
3 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX,
ERANHIPALAM P.O., KOZHIKODE, PIN - 673003.
4 THE EXECUTIVE OFFICER,
MRUDANGA SAILESWARI TEMPLE MRUDANGA SAILESWARI TEMPLE
ROAD MUZHAKUNNU P.O. PERAVOOR, KANNUR,
KEARALA, PIN - 670673.
5 TRUSTEE BOARD,
MRUDANGA SAILESWARI TEMPLE MRUDANGA SAILESWARI TEMPLE
ROAD, MUZHAKUNNU P.O. PERAVOOR, KANNUR, KEARALA
REPRESENTED BY ITS CHAIRMAN, PIN - 670673.
6 SREE MRUDUNGA SAILESWARI KSHETHRA PORKKALI KALASA
COMMITTEE,
MRUDANGA SAILESWARI TEMPLE MRUDANGA SAILESWARI TEMPLE
ROAD MUZHAKUNNU P.O. PERAVOOR, KANNUR, KEARALA
REPRESENTED BY ITS CONVENER, PIN - 670673.
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GOVERNMENT PLEADER
SMT. R. RANJANIE, SC, MDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12196 OF 2025 3 2025:KER:25362
JUDGMENT
Anil K. Narendran, J.
The petitioners have filed this writ petition under Article 226
of the Constitution of India, seeking a writ of mandamus
restraining the respondents from conducting 'Samooha
Nombuthura' and 'Sneha Sangamam' as part of ifthar feast in the
auditorium of Sree Mrudanga Saileswari Temple, as evidenced by
Ext.P1 notice, on 26.03.2025 or on any future dates. The
petitioners have also sought for a writ of mandamus commanding
respondents 1 to 4 to strictly follow the provisions of Hindu Places
of Public Worship (Authorisation of Entry) Act, 1965 and the Rules
made thereunder and restrain the entry of non-Hindus into
Mrudanga Saileswari Temple, which is a controlled institution
under the Malabar Devaswom Board.
2. On 24.03.2025, 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 and 3. Urgent
notice on admission by special messenger was ordered to
respondents 4 to 6, returnable by today (25.03.2025) at 2.00 p.m.
WP(C) NO. 12196 OF 2025 4 2025:KER:25362
3. Today, when this writ petition is taken up for
consideration, respondents 4 and 6 entered appearance through
counsel. Notice issued to the 5th respondent Trustee Board of
Mrudanga Saileswari Temple returned with an endorsement "such
Trust does not exist". It is pointed out that the term of non-
hereditary trustees in the Board of Trustees of the temple had
expired.
4. Heard the learned counsel for the petitioner, the
learned Senior Government Pleader for the 1st respondent State,
the learned Standing Counsel for Malabar Devaswom Board for
respondents 2 and 3 and the respective counsel for the 4 th
respondent Executive Officer of the temple and the 6th respondent
Kalasa Committee of the temple.
5. The submission made by the learned counsel for the
petitioner is that, as evident from Ext.P1 notice, 'Samooha
Nombuthura' and 'Sneha Sangamam' is going to be conducted in
the auditorium of Mrudanga Saileswari Temple on 26.03.2025 at
6.00 p.m. As per the said notice, it is conducted by Mrudanga
Saileswari Temple and the 6th respondent Kalasa Committee of the
temple.
WP(C) NO. 12196 OF 2025 5 2025:KER:25362
6. The learned counsel for the 4th respondent Executive
Officer would submit that the Board of Trustees of Mrudanga
Saileswari Temple consists of non-hereditary trustees. Their term
expired in December, 2024. The submission made by the learned
counsel for the 4th respondent Executive Officer is that the
Executive Officer of the temple has not granted permission to
anyone to conduct 'Samooha Nombuthura' and Sneha Sangamam'
on 26.03.2025 in the temple auditorium. Further, the activity of
the 6th respondent Kalasa Committee is confined to installation of
golden flag mast and renovation of the Sreekovil of Porkkali
Bhagavathi. The said committee cannot conduct such an activity
on 26.03.2025 in the temple auditorium.
7. The learned Standing Counsel for Malabar Devaswom
Board and also the learned counsel for the 4th respondent
Executive Officer would point out the provisions in Circular
No.HRH5/8246/2006 dated 15.06.2007 issued by the
Commissioner of the erstwhile Hindu Religious and Charitable
Endowments (Administration) Department and the learned
counsel for the petitioners would point out the decision of this
Court in Hindu Seva Kendram v. State of Kerala [2023 (3)
WP(C) NO. 12196 OF 2025 6 2025:KER:25362
KHC 258 (DB)], as per which the constitution of committees in
temples, which are controlled institutions under the Malabar
Devaswom Board, should be for a specified purpose of conducting
annual festival for the year, to undertake renovation work, etc.
Therefore, the activities of the 6th respondent Kalasa Committee
has to be confined to the works relating to installation of golden
flag mast and renovation of the Sreekovil of Porkkali Bhagavathi.
Such a committee cannot conduct 'Samooha Nombuthura' and
'Sneha Sangamam' in the temple auditorium.
8. During the course of arguments, the learned counsel
for the petitioners would point out the provisions contained in the
Kerala Hindu Places of Public Worship (Authorisation of Entry) Act,
1965, and the Rules made thereunder.
9. On the above aspect, the learned counsel for the 4th
respondent Executive Officer would point out that as in the case
of Sabarimala, devotees from all religions are having 'Darshan' at
Mrudanga Saileswari Temple.
10. We do not propose to consider the rival contentions on
the above aspect in this proceedings, since the grievance of the
petitioners regarding the conduct of 'Samooha Nombuthura' and
WP(C) NO. 12196 OF 2025 7 2025:KER:25362
'Sneha Sangamam' in the auditorium of Mrudanga Saileswari
Temple on 26.03.2025, stands redressed based on the stand taken
by the 4th respondent Executive Officer that the said respondent
has not granted permission to anyone to conduct 'Samooha
Nombuthura' and Sneha Sangamam' on 26.03.2025 in the
auditorium of Mrudanga Saileswari Temple.
In such circumstances, this writ petition is disposed of
recording the aforesaid stand taken by the 4th respondent
Executive Officer. It is for the 2nd respondent Malabar Devaswom
Board and the 4th respondent Executive Officer to take necessary
steps to ensure that the activities of the 6th respondent Kalasa
Committee are confined to the installation of golden flag mast and
renovation of Sreekovil of Porkkali Bhagavathi, in view of the
provisions contained in Circular No.HRH5/8246/2006 dated
15.06.2007.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
DSV/-
WP(C) NO. 12196 OF 2025 8 2025:KER:25362
APPENDIX OF WP(C) 12196/2025
PETITIONERS' EXHIBITS
Exhibit P-1 TRUE COPY OF THE POSTER ANNOUNCING THE
CONDUCT OF IFTAR PARTY IN THE TEMPLE ON
26.03.2025 DATED NIL
