Kerala High Court
The Secretary, Kunchachaman Samithi vs The Travancore Devaswom Board on 28 March, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Friday, the 28th day of March 2025 / 7th Chaithra, 1947
DBP NO. 9 OF 2025
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT NO.3/2025 BY THE OMBUDSMAN
IN COMPLAINT NO.55/2024 - PRIVILEGE OF OFFERING KODIKKOORA AND KODIKKAYAR FOR
THE ULSAVAM OF SABARIMALA SREE DHARMA SASTHA TEMPLE - SUO MOTU PROCEEDINGS
INITIATED - REG:
PETITIONER:
THE SECRETARY,
KUNCHACHAMAN SAMITHI, SAKTHIKULANGARA, KOLLAM
BY M/S.K.S.BHARATHAN, ALPHIN ANTONY,AADITHYAN S.MANNALI,
JISHNU P.P. and RADHIKAKRISHNA, Advocates for the petitioner
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR P.O.,
THIRUVANANTHAPURAM - 695003
2. THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR P.O.,
THIRUVANANTHAPURAM - 695003
*ADDL.R3 & R4 IMPLEADED
3. THE STATE OF KERALA,
REPRESENTED BY THE SPECIAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
4. THE SENIOR DEPUTY DIRECTOR,
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT,
NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM - 695 003
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 3 AND 4 VIDE
ORDER DATED 10/02/2025 IN DBP.NO.9/2025
BY SRI.S.RAJMOHAN, SR.GOVT.PLEADER
BY SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
BY ADV.SRI.P.RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN
THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON
28/03/2025, UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED
06/03/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING.
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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DBP No.9 of 2025 and W.P.(C)No.9072 of 2025
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Dated this the 28th day of March, 2025
ORDER
Anil K. Narendran, J.
The issue involved in this DBP and writ petition centers
around offering of Kodikkoora and Kodikkayar in connection with
the annual festival of Sabarimala Sree Dharma Sastha Temple for
the year 1200ME (2025). The dispute is between the petitioner in
the writ petition, namely, Kunjachaman Samithi and the 4th
respondent, namely, Kara Devaswom Committee of Sree
Sakthikulangara Dharma Sastha Temple, Kollam.
2. Along with the writ petition, the petitioner has placed
on record Exts.P1 to P15 documents. On receipt of notice in the
writ petition, the 4th respondent Kara Devaswom Committee filed
a counter affidavit dated 28.03.2025, opposing the reliefs sought
for, producing therewith Exts.R4(a) to R4(j) documents.
3. In DBP No.9 of 2025, which is one registered based on
Report No.3 of 2025 of the learned Ombudsman in Complaint
No.55 of 2024, the Travancore Devaswom Board has filed an
affidavit dated 06.03.2025, wherein it is stated that the Board has
decided to permit the Kara Devaswom Committee (4th respondent
DBP No.9 of 2025 and
in the writ petition) to offer Kodikkoora and Kodikkayar for the
annual festival of Sabarimala Sree Dharma Sastha Temple for the
year 1200ME (2025).
4. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
administration, supervision and control of incorporated and
unincorporated Devaswoms and of other Hindu Religious
Endowments and Funds. As per the provisions under Section 3 of
the Act, the administration of incorporated and unincorporated
Devaswoms shall vest in the Travancore Devaswom Board. As per
Section 15A of the Act, it shall be the duty of the Board to perform
the following functions, namely, (i) to see that the regular
traditional rites and ceremonies according to the practice
prevalent in the religious institutions are performed promptly; (ii)
to monitor whether the administrative officials and employees and
also the employees connected with religious rites are functioning
properly; (iii) to ensure proper maintenance and upliftment of the
Hindu religious institutions; (iv) to establish and maintain proper
facilities in the temples for the devotees. As per Section 31 of the
Act, subject to the provisions of Part I and the rules made
thereunder, the Board shall manage the properties and affairs of
DBP No.9 of 2025 and
the Devaswoms, both incorporated, and unincorporated as
heretofore, and arrange for the conduct of the daily worship and
ceremonies and of the festivals in every temple according to its
usage.
5. In Major Vellayani Devi Temple Advisory
Committee and another v. State of Kerala and others [2023
(2) KHC 290], this Court held that, in view of the provisions of
the Travancore-Cochin Hindu Religious Institutions Act, the
Travancore Devaswom Board is duty bound to see that the regular
traditional rites and ceremonies according to the practice
prevalent in Vellayani Bhadrakali Devi Temple are performed
promptly; and to establish and maintain proper facilities in
Vellayani Bhadrakali Devi Temple for the devotees. Subject to the
provisions of Part I of the Act and the Rules made thereunder, the
Board shall manage the properties and affairs of Vellayani
Devaswom and arrange for the conduct of the daily worship and
ceremonies and of the festivals in Vellayani Bhadrakali Devi
Temple according to the usage. The Temple Advisory Committee
of a temple under the management of the Travancore Devaswom
Board, which consists of devotees who fall under the eligibility
criteria prescribed in Clause (3) of the Rules framed under sub-
DBP No.9 of 2025 and
section (3) of Section 31A of the Act, is duty bound to render
necessary assistance to the Board and its officials for the smooth
functioning of the temple activities and festivals according to the
usage.
6. In Major Vellayani Devi Temple Advisory
Committee [2023 (2) KHC 290], a decision rendered by a
Division Bench of this Court in which one among us [Anil K.
Narendran, J.] was a party held that, according to Oxford
Dictionary, 'worshipper' is a person who shows reverence and
adoration for a deity. Right to worship is a civil right, of course in
an accustomed manner and subject to the practice and tradition
in each temple. A worshipper or a devotee has no legal right to
insist that saffron/orange coloured decorative materials alone are
used for festivals in a temple under the management of the
Travancore Devaswom Board. Similarly, the District Administration
or the Police cannot insist that only 'politically neutral' coloured
decorative materials are used for temple festivals. Politics has no
role to play in the conduct of daily worship and ceremonies and
festivals in temples. The role of a Temple Advisory Committee in
a temple under the management of the Travancore Devaswom
Board is to render necessary assistance to the Board and its
DBP No.9 of 2025 and
officials for the smooth functioning of the temple activities and the
conduct of festivals according to the usage of that temple.
7. During the course of arguments, on a specific query
made by this Court, the learned Standing Counsel for Travancore
Devaswom Board would submit that the procession in connection
with Kodikkoora and Kodikkayar Samarpanam is not part of any
traditional rites or customary practice in Sabarimala Sree Dharma
Sastha Temple. The learned counsel for the petitioner and also the
learned Senior Counsel for the 4th respondent Kara Devaswom
Committee of Sree Sakthikulangara Sree Dharma Sastha Temple,
would submit that procession in connection with Kodikkoora and
Kodikkayar Samarpanam started only in the year 2017.
8. Along with the counter affidavit filed by the 4th
respondent in W.P.(C)No.9072 of 2025, Ext.R4(j) judgment of this
Court dated 06.10.2022 in W.P.(C)No.3258 of 2015 is placed on
record, which is in respect of procession in connection with
Kodikkoora and Kodikkayar Samarpanam in Ettumanoor Sree
Mahadeva Temple, another temple under the management of the
Travancore Devaswom Board.
9. We notice that, in the case of Ettumanoor Sree
Mahadeva Temple, Kodikkoora and Kodikkayar procession starts
DBP No.9 of 2025 and
from Chengalam Sree Bhagavathi Temple, which is only a few
kilometers away from Ettumanoor Sree Mahadeva Temple. On the
other hand, the procession in connection with Kodikkoora and
Kodikkayar Samarpanam in Sabarimala Sree Dharma Sastha
Temple, which starts from Sakthikulangara Sree Dharma Sastha
Temple, passes through three districts, namely, Kollam,
Pathanamthitta and Alappuzha.
10. Having considered the preliminary submissions made
at the Bar, in the light of the pleadings and materials on record
and the statutory provisions contained in Sections 15A and 31 of
the Act, we arrive at a prima facie conclusion that, when the
procession in connection with Kodikkoora and Kodikkayar
Samarpanam is not part of any traditional rites or customary
practice in Sabarimala Sree Dharma Sastha Temple, the
Travancore Devaswom Board ought not to have granted
permission to the 4th respondent Kara Devaswom Committee or
any other organisation to take Kodikkoora and Kodikkayar to
Sabarimala by procession passing through three districts.
11. From the pleadings and materials on record and also
the submissions made at the Bar, we notice that the 4th respondent
in the writ petition has already made arrangements for Kodikkoora
DBP No.9 of 2025 and
and Kodikkayar Samarpanam and the procession has to
commence on 30.03.2025, which will reach Sabarimala by
01.04.2025. In such circumstances, we find that the petitioner in
the writ petition is not entitled for an interim stay of the order
dated 03.12.2024 of the 1st respondent Board, a copy of which is
marked as Ext.R4(d), along with the counter affidavit filed by the
4th respondent, whereby the Kara Devaswom Committee is
granted permission for Kodikkoora and Kodikkayar Samarpanam
for the year 1200ME. However, we make it clear that the legality
of such a permission, granted to the 4th respondent Kara
Devaswom Committee, will be considered in this DBP and writ
petition.
12. The document marked as Ext.R4(e) is a notice
published by the 4th respondent Kara Devaswom Committee, in
connection with Kodikkoora and Kodikkayar Samarpanam, in
Sabarimala Sree Dharma Sastha Temple, for the year 1200ME
(2025). In the said notice, it is printed that Kollam
Sakthikulangara Sree Dharma Sastha Temple is under the
management of Kara Devaswom Board.
13. The learned Standing Counsel for Travancore
Devaswom Board would point out that Sakthikulangara Sree
DBP No.9 of 2025 and
Dharma Sastha Temple is under Sakthikulangara Devaswom,
which is an incorporated Devaswom included in Schedule I of the
Travancore-Cochin Hindu Religious Institutions Act, which is under
the management of the Travancore Devaswom Board. The learned
Standing Counsel would also point out the orders issued by this
Court regarding the printing of letterheads of the Temple Advisory
Committees constituted in temples under the management of the
Travancore Devaswom Board and the printing of festival notices,
based on which the Devaswom Commissioner has already issued
various circulars. The submission of the learned Standing Counsel
is that the publication of Ext.R4(e) notice by the 4th respondent
Kara Devaswom Committee, which claims the status of the Temple
Advisory Committee of Sakthikulangara Sree Dharma Sastha
Temple, is permissible only after prior approval by the concerned
officer of the Board.
14. In the above circumstances, we deem it appropriate to
direct the 2nd respondent Devaswom Commissioner to file an
affidavit explaining the facts and circumstances in which Ext.R4(e)
notice was published by the 4th respondent Kara Devaswom
Committee, in connection with Kodikkoora and Kodikkayar
Samarpanam, mentioning that Sakthikulangara Sree Dharma
DBP No.9 of 2025 and
Sastha Temple is under the management of the Kara Devaswom
Board.
15. An additional affidavit sworn to by the 4th respondent
Kara Devaswom Committee, regarding the income and
expenditure in connection with Kodikkoora and Kodikkayar
Samarpanam of the year 1200ME (2025) shall be placed on record
by 04.04.2025.
16. The Travancore Devaswom Board shall ensure, through
the concerned Executive Officer/Sub Group Officer, that there is
no collection of money from the devotees or public by the 4th
respondent Kara Devaswom Committee, in connection with
Kodikkoora and Kodikkayar Samarpanam for the year 1200ME.
List on 04.04.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
bkn/-
28-03-2025 /True Copy/ Assistant Registrar
