No Part Of Sree Vadakkunnathan Kshethra Maidan To Be Used For Disposal Of Waste From Thrissur Pooram Festival: Kerala HC Directs Cochin Devaswom Board
The Kerala High Court directed that Cochin Devaswom Board not use any part of Sree Vadakkunnathan Kshethra Maidan (Thekkinkadu Maidan) for the disposal of biodegradable or non-biodegradable waste generated during Thrissur Pooram Festival.
The Court also directed that worshippers must not be permitted to enter the premises of Sree Vadakumnathan Temple through Gopurams wearing footwear during Thrissur Pooram stating that “a ‘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 Division Bench of Justice Anil K. Narendran and Justice Harisankar V. Menon observed, “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…Therefore, in discharge of the statutory duty under Section 73A of the Travancore-Cochin Hindu Religious Institutions Act, the Cochin Devaswom Board and its officials have to ensure that the festivals in Vadakkumnatha Temple are conducted in an accustomed manner, enabling all worshippers to exercise their right to worship subject to the practice and tradition in that temple.”
Standing Counsel K.P. Sudheer represented the applicant, while Sr. Govt. Pleader S.Rajmohan appeared for the respondents.
Cochin Devaswom Board (CDB) filed a petition seeking directions regarding solid waste management in Thekkinkadu Maidan during the Thrissur Pooram of the year 1199 ME (2024). The petition was filed based on a report issued by the Internal Vigilance Wing of the Local Self Government Department.
The Kerala High Court in 2023 had ordered the CDB and Thrissur Municipal Corporation (Municipality) to ensure that the entire Thekkinkadu Maidan was kept plastic free and that the environmental safety levels were maintained in the entire Maidan in connection with plastic and non-biodegradable and also biodegradable substances holding that “there cannot be any activity in Thekkinkadu Maidan, except in accordance with the objects of the trust.”
Citing the Agama Sastra, the Bench pointed out that Hindu temples represented the culmination of the social and religious aspirations of a society. It was stressed that as per Section 73A of the Travancore-Cochin Hindu Religious Institutions Act, the Cochin Devaswom Board and its officials must ensure that festivals at the Vadakkumnatha Temple are conducted in accordance with established customs, allowing all worshippers to exercise their right to worship within the temple's traditions.
“The Board and the Municipal Corporation, with the cooperation of respondents 5 to 7, namely, Paramekkavu Devaswom, Thiruvambady Devaswom and Thrissur Pooram Exhibition Committee shall take necessary steps to ensure that, during Thrissur Pooram, the environmental safety levels are maintained in Thekkinkadu Maidan in connection with plastic and non-biodegradable and also biodegradable substances,” the Court remarked.
Accordingly, the High Court disposed of the petition.
Cause Title: Cochin Devaswom Board v. The Deputy Director & Ors. (Neutral Citation: 2024/KER/28879)
Appearance:
Applicants: Standing Counsel K.P. Sudheer
Respondents: Sr. Advocates P. Viswanathan and M. Ramesh Chander; Sr. Govt. Pleader S.Rajmohan; Standing Counsel Santhosh P. Poduval; Advocate Ajith Viswanathan, N.K.Subramanian and Govind G. Nair
