'Travancore Devaswom Board Openly Flouted Rules': Kerala HC Sets Aside Permission Granted For Conducting 'Nava Kerala Sadas' In Temple Premises
The Kerala High Court ordered that the temple premises of a temple under the management of the Travancore Devaswom Board cannot be permitted to be used for conducting a programme like ‘Nava Kerala Sadas’.
The Court observed that the Travancore Devaswom Board, by granting such permission, openly flouted the prohibition contained in Rules 6 and 8 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules.
The Court ordered thus in a batch of writ petitions in which the issue raised was related to the conduct of ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple which is a temple under the management of the Travancore Devaswom Board.
A Division Bench of Justice Anil K. Narendran and Justice G. Girish said, “In view of the statutory provisions in the Travancore Cochin Hindu Religious Institutions Act, the Kerala Hindu Placed of Public Worship (Authorisation of Entry) Act and the Rules made thereunder and also the law laid down in the decisions referred to supra, the temple premises of a temple under the management of the Travancore Devaswom Board cannot be permitted to be used for conducting a programme like ‘Nava Kerala Sadas’. While granting permission vide Ext.R2(a) order dated 11.12.2023 for conducting ‘Nava Kerala Sadas’ on 18.12.2023 in the Devaswom land of Chakkuvally Sree Parabhrama Temple, the Travancore Devaswom Board failed miserably to perform its statutory duties under Sections 15A and 31 of the Act with utmost care and caution.”
The Bench added that the Board openly flouted the prohibition contained in Rules 6 and 8 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules.
Advocates J. Vishnu and Sajith Kumar V. represented the petitioners while Additional Advocate General Asok M. Cherian and Standing Counsel G. Santhosh Kumar represented the respondents.
Factual Background -
The two devotees of Chakkuvally Sree Parabrahma Temple filed a petition seeking a writ of certiorari to call for the records leading to the decision taken by the Travancore Devaswom Board allowing the conduct of ‘Nava Kerala Sadas’, which was scheduled to be held December 18, 2023, in the premises of Chakkuvally Sree Parabrahma Temple; a writ of mandamus commanding the State to abstain from holding ‘Nava Kerala Sadas’ in the premises of Chakkuvally Sree Parabrahma Temple or any other temple premises; and a declaration that the decision of the State and the Board to conduct ‘Nava Kerala Sadas’ in the premises of Chakkuvally Sree Parabrahma Temple is per se illegal and violative of Article 25 of the Constitution.
The two other devotees of the said Temple filed a petition seeking a writ of mandamus commanding the Board and its officials, not to permit the conduct of ‘Nava Kerala Sadas’; and a writ of mandamus commanding the Board and its officials not to allow any activity in the premises of the Temple, which were not connected with or arising from the worship, usages and observations of that temple, in violation of the provisions of the Hindu Places of Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder.
The High Court after hearing the contentions of the counsel observed, “The learned Additional Advocate General would submit that since the proposed site for erecting the pandal for ‘Nava Kerala Sadas’ is only few meters away from the temple structures, going by Ext.R2(b) sketch, the pandal can be shifted to another location within the premises of Chakkuvally Sree Parabrahma Temple.”
The Court referred to the judgment in the case of Major Vellayani Devi Temple Advisory Committee v. State of Kerala [2023 (2) KHC 290], in which it was held that the politics has no role to play in the conduct of daily worship and ceremonies and festivals in temples. It also referred to the case of Hindu Seva Kendram v. State of Kerala and others [2023 (3) KHC 258], in which it was held that cultural or social activities unconnected with temple worship have no role to play in temple festivals.
“In K.B.Sumodh v. Commissioner, Cochin Devaswom Board [2023:KER:25530], this Court held that Vadakkumnatha Kshethra Maidan (Thekkinkadu Maidan) is a Devaswom land, which is managed by the Cochin Devaswom Board as a trustee in management of Devaswom property, in terms of the provisions under the Travancore-Cochin Hindu Religious Institutions Act. There cannot be any activity in Thekkinkadu Maidan, except in accordance with the objects of the Trust. In G.Vysan and another v. State of Kerala and others [2023:KER.52256], this Court held that the temple premises cannot be used for conducting mass drill or weaponry training by the devotees or group of persons”, noted the Court.
Accordingly, the High Court disposed of the writ petitions, set aside the order of the Board, and directed the District Collector to take immediate steps to remove the temporary constructions made in the Devaswom land of the temple.
Cause Title- Jayakumar J. & Anr. v. The State of Kerala & Ors. (Neutral Citation: 2023:KER:80455)
