Municipal Toilet Constructed Inside Temple Compound: Kerala High Court Calls For Files From Malabar Devaswom Board

The petitioner, a devotee of Lord Ayyappa at Sree Ayyappan Kavu Temple in Cherpulassery, Palakkad District, had filed a writ petition seeking to quash an agreement between Cherpulassery Municipality and the Managing Trustee of the temple regarding the construction and maintenance of a toilet block near the temple's parking area. The petitioner also requested a writ of mandamus to halt construction and to consider their representation.

A Division Bench of Justice Anil K. Narendran and Justice Sophy Thomas held that, “Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to modify the order of status quo granted on 27.07.2023, by permitting the operation and maintenance of the toilet block, for the time being, by the temple authorities.”

M/S Krishnadas P. Nair appeared for the Petitioner, Advocate Shameena Salahudheen appeared for Respondent 1, Advocate R. Lakshmi Narayan appeared for Respondent 2,3 and Advocate K. Mohanakannan appeared for Respondent 4.

Cherpulassery Municipality, in their counter affidavit, stated that the funds for the construction were collected from the development fund and mentioned the terms of the agreement, which granted operation and maintenance rights to the Municipality.

The Court noted that no specific permission was obtained from the Commissioner of Malabar Devaswom Board for agreement. The Court added,” On a query made by this Court as to whether the 4th respondent Managing Trustee has obtained permission of the 2nd respondent Commissioner, Malabar Devaswom Board, for entering into Ext.P1 agreement with the Secretary of Cherpulassery Municipality, the learned counsel for the 4th respondent would submit that no specific permission was obtained from the Commission.”

It also referred to an order for a similar toilet block construction in Thiruvilayanadu Bhagavathi Temple, where such permission was granted. The Court held, “Even if the 4th respondent has obtained similar permission from the 2nd respondent Commissioner for constructing a toilet block in the Devaswom land of Ayyappan Kavu Temple, Cherpulassery, an agreement with the terms and conditions in Ext.P1 cannot be entered into for the operation and maintenance of that building in the Devaswom land.”

The Court decided to modify the status quo order, allowing the temple authorities to operate and maintain the toilet block temporarily. It ordered the Municipality and the Devaswom Board to provide relevant files for review.

The case is listed for October 13, 2023, along with a related case.

Cause Title: P.N. Sreeraman v. The Secretary, Cherpulassery Municipality & Ors.