It’s For Tantris To Take Decision When A Customary Religious Practice In Temple Is To Be Changed: Kerala HC In ‘Koodalmanikyam’ Temple Case
The Kerala High Court held that when a customary religious practice prevailing in a temple is to be changed, it is for the Tantris to take a decision on such matter.
The Court was deciding a writ petition preferred by the members of the Ammannoor Family having the hereditary right to perform 'Koothu' and 'Koodiyattam' at the Koothambalam in Koodalmanikyam Temple.
A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed, “When a customary religious practice prevailing in the temple is to be changed, it is for the Tantris to take a decision on that matter. Ext.R11(a) is the objection put in by respondent Nos.7 to 11 to the decision in question contained in Ext.P1. That stands testimony to their objection to the change in the religious practice concerning 'Koothu' and 'Koodiyattam' at the Koothambalam in Koodalmanikyam Temple. In such circumstances, the presence of respondent No.5 while taking the said decision does not make it valid.”
The Bench said that the nomination of a representative of the Tantris to the Managing Committee is to enable the Committee to carry out its day-to-day administration of the Devaswom in accordance with law and the same will not enable the Managing Committee to circumvent the provisions of Section 35 of the Koodalmanikyam Act, 2005.
Advocate K.S. Bharathan represented the petitioners while Senior Government Pleader (SGP) S. Rajmohan and Senior Advocate N.N. Sugunapalan represented the respondents.
Brief Facts -
The petitioners i.e., members of Ammannoor Family had the hereditary right to perform 'Koothu' and 'Koodiyattam' at the Koothambalam in Koodalmanikyam Temple, being a part of religious, spiritual, ritualistic and ceremonial worship of the Deity. The members of the Ammannoor Family alone can perform at the Koothambalam and a member should undergo an ordination ceremony before starting performance in the Koothambalam. It being a religious and ritual ceremony followed from time immemorial in the Temple, the Koodalmanikyam Devaswom Managing Committee (KDMC) cannot change the practice. It is recognised as a cultural heritage of humanity by the United Nations Educational, Scientific and Cultural Organisation (UNESCO). When the custom and usage enable members of the Ammannoor Family alone to perform 'Koothu' and 'Koodiyattam' in the Koothambalam, there can be no dilution or alteration to that customary right. It is connected to temporal activities and KDMC, in exercise of its duties under Section 10 of the Koodalmanikyam Act, 2005 is expected to continue the practice without any change.
In the light of the provisions of Section 35 of the Act, decision of the Tantris of the Temple, who were respondents, was final in the matter. Disregarding those aspects, KDMC resolved in its meeting held in 2022 to allow other Hindu artists also to perform 'Koothu' and 'Koodiyattam' at the temple. The decision was to allow others without affecting the right of the members of the Ammannoor Family to perform in the Koothambalam during the period of the festival of 41 days. In terms of it, the Commissioner [Koodalmanikyam Devaswom, Revenue (Devaswom) Department] and the Government were requested to take steps for implementing the said decision. The petitioners contended that the said decision was illegal and an invasion on their hereditary rights. They argued that the same violates Articles 25 and 26 of the Constitution and the rights of the Deity as well as the devotees. Therefore, the petitioners filed the writ petition before the High Court, seeking to declare as illegal and quash the said decision.
The High Court after hearing the contentions of the counsel noted, “… the performance of 'Koothu' and 'Koodiyattam' at the Koothambalam in the Koodalmanikyam Temple is a religious and ritual ceremony. In the light of the proposition of law mentioned above, and in view of the provisions of Section 35 of the Act, the suggestion of the petitioners that 'Koothu' and 'Koodiyattam' as a devotion to the Deity can be performed throughout the year, is a matter to be decided by the Tantris and not by the 2nd respondent. If consented by respondents No.6 to 11, who are the Tantris, the 2nd respondent will be able to implement the decision without affecting the Temple rituals and practices in any manner.”
The Court added that when a prevailing religious practice in the Temple is to be changed, the same can be had only with the consent of the Tantris.
Coming to the question that whether the worshipers can be allowed to view the performance of 'Koothu' and 'Koodiyattam' at the temple, the Court emphasised, “The view taken is that there was no issue regarding the right of the believing public to enter the Koothambalam. As stated above, Koothambalam has a well defined auditorium (prekshaka graham) besides the stage (ranga mandapam) and green room (aniyara). Unless the viewers are intended to be allowed inside, such an auditorium should not have been devised. The submission of the learned Senior Government Pleader by highlighting the recitals regarding 'Chakyarkoothu' contained on page 759 of the Encyclopedia published by Kerala Encyclopedic Publications Vol-VII, that 'Koothu' could be performed even on the premises outside Temples has much force in the aforementioned facts and circumstances.”
The Court agreed with the fact that the performance of 'Koothu' and 'Koodiyattam' is intended for public view and that there is no meaning in restricting entry of the public to the Koothambalam during the performance.
“When it is proved that 'Koothu' and 'Koodiyattam' at the Koothambalam in Koodalmanikyam Temple are religious and customary rituals, the same has to be performed with necessary zeal and devotion. If the worshipers are allowed to view the performance, it is absolutely necessary that the viewers and all concerned to follow the temple practices and religious observances inside the Koothambalam”, it further remarked.
The Court said that while allowing viewers inside the Koothabalam, no religious and customary rites being followed in the Temple as well as the Koothambalam can be violated, it is certainly the duty and obligation of KDMC to ensure that all such observances are scrupulously followed in view of the provisions of Section 10 of the Act.
“In view of what are stated above, we conclude that decision No.1 in Ext.P1 is ultra vires the provisions of Sections 10 and 35 of the Koodalmanikyam Devaswom Act, 2005 inasmuch as the 2nd respondent decided so without the consent of the Tantris. The said decision is therefore illegal and liable to be set aside”, it concluded.
Accordingly, the High Court disposed of the writ petition and quashed the impugned decision.
Cause Title- Ammanoor Parameswaran Chakyar & Ors. v. The State of Kerala & Ors. (Neutral Citation: 2024:KER:50206)
Appearance:
Petitioners: Advocates K.S. Bharathan, Alphin Antony, Aadithyan S. Mannali, Visakh Antony, Christine Mathew, C.J. Lizy, and Rance R.
Respondents: SGP S. Rajmohan, Senior Advocate N.N. Sugunapalan, Advocates S. Sujin, P.N. Damodaran Namboodiri, and Hrithwik D. Namboothiri.
