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Judgment
Anu Sivaraman, J
This writ petition is filed with the following relief:-
“Issue a writ of mandamus or any other appropriate writ or order directing the respondents 2 to 4 to give adequate police protection for the smooth conduct of the festival in the “Thekkan Pazhani Sree Subrahmanya Swamy Temple”, South Aryad, Alappuzha scheduled to be conducted from 27.1.2023 to 5.2.2023, especially for the Kavady Ghosha Yathra on the Arattu day, (5.2.2023), by ensuring that 'Velukuth' is not performed by respondents 6 to 10 or any other person under them in and around the temple premises. ”
Heard the learned counsel for the petitioner, the learned counsel appearing for the 5th respondent temple and respondents 6 to 10 and the learned Government Pleader.
The petitioner claims to be a devotee of Thekkan Palani Sree Subrahmanya Swamy Temple. It is contended by the learned counsel for the petitioner that velukuth is a barbaric ritual where a steel rod with a spike at one end pierced through cheek and tongue of the devotees, including children. It is submitted that several persons have been practicing this ritual, which is inhuman and barbaric, in connection with the Thaipooyam festival in the 5th respondent temple. It is stated that procession would start from the Kidangamparambu temple, but since blood was considered as an impurity, the authorities of the said temple had denied permission to commence the velukuth procession from the said temple premises. Thereafter, the procession starts outside the Kidangamparambu temple and proceeds towards the 5th respondent temple along with the Kavadi goshayathra. It is submitted that Exhibit P2 letter was issued by the District Collector to the Secretary of the 5th respondent's Managing Committee on 24.11.2021, stating that velukuth should not be conducted during the temple festival, in view of the Covid protocol. For the present year, it is stated that the general body of the Devaswom conducted a meeting on 11.12.2022 and decided, based on Exhibit P4 letter of the Thantri of the temple, not to conduct the velukuth ritual in connection with the temple festival. The Devaswom Executive Committee, by Exhibit P5 also decided not to permit such barbaric observances during the festival. It is submitted that the notice issued for the temple festival in this year also would clearly show that the observances will not be conducted in this year. It is submitted by the learned counsel for the petitioner that respondents 6 to 10 intend to violate the directions issued by the District Collector and the Executive Committee and are proposing to conduct the said ritual in this year's festival also. It is, therefore, contended that police protection is liable to be granted for the peaceful conduct of the festival as proposed by the temple authorities.
A detailed counter affidavit has been placed on record by respondents 6 to 10 primarily contending that the petitioner has no locus standi to file this writ petition and the 5th respondent has not approached this Court for any relief for the reason that the term of office of the committee has already expired in October, 2021. The bye laws of the 5th respondent are produced in support of this contention. It is stated that hundreds of devotees are participating in the velukuth ritual performed as a dedication to Lord Subramania and that the petitioner and the members of the 5th respondent, who are allegedly members of the Communist Party of India (Marxist) are atheists and therefore they have no right to raise contentions with regard to ritual observances which are an integral part of the Thaipooyam festival of the temple, which has been conducted from time immemorial. It is contended that the letter of the Thantri only says that velukuth is not included in the Kshethra Padithara Vyavastha and that the said vazhipadu is not permitted in the temple. It is stated that when the respondents had contacted the Thantri, he had informed that he issued such a letter only because of the pressure extended on him by the Committee members of the 5th respondent and he was threatened that if he did not issue such a letter, he would be removed from the post of Thantri.
Notices in respect of the rituals in the year 2004, 2017 ,2018, 2019 and 2020 are produced as Exhibits R6(f) to R6(j) and it is contended that the velukuth ritual was being performed as a part of the festival from 2004 onwards till 2020. The letter dated 13.12.2020 of the Thantri is also produced by the respondents. It is contended that the ritual being a part of the religious belief of respondents 6 to 10 and several other devotees of the temple, there can be no prohibition against the conduct of the said ritual and no police protection can be granted at the instance of the petitioner, who has no locus standi to seek the same. Discrepancies in the dates borne by Exhibits P3 and P5 are pointed out and it is contended that the general body was attended by only 54 members and it was not a properly constituted general body with proper notice to all members. It is submitted that W.P.(C).No.1600/2023 is filed by the Bhakthajana Samrakshana Sangam seeking police protection to conduct the velukuth as also direction to the District Judge, Alappuzha to consider and take action on Exhibit P13 petition filed by the petitioner as permitted by the Apex Court in W.P.(C).No. 649 of 2018 in its order dated 5.7.2018.
The learned counsel for the 5th respondent submits that the 5th respondent is in management of the affairs of the temple and has been empowered by the General body to continue until elections are held in accordance with the bye laws. It is submitted that only due the pandemic situation prevalent that the elections could not be conducted in time and the festival is being conducted in accordance with the decision of the General body and after ascertaining the wishes of worshipers and devotees of the temple. It is asserted that the General body has decided that the barbaric custom of velukuthu should not be performed in connection with the temple festival in the current year.
The learned counsel for the petitioner places reliance on the order of the Apex Court dated 16.11.2021 in Srivari Daadaa vs. Tirumala Tirupati Devasthanams to contend that conduct of rituals are matters which fall within the domain of the religious authorities and the administration of the temple and cannot be a matter for adjudication by courts and an order of the Madurai Bench of Madras High Court dated 6.2.2019 in Appicode Arulmigu Sri Bathreswari Amman Thirukovil v. the Superintendent of Police and others to contend that faith based rituals cannot claim any perpetual status and that perspectives can change with changing times.
The learned Government Pleader would submit that on a complaint submitted by the petitioner, the SHO had made enquiries with the members of the temple committee as also the residents of the locality and that it has been ascertained that the majority of the devotees and worshipers of the temple do not support the conduct of a barbaric ritual like velukuth during the festival.
I have considered the contentions advanced on either side at considerable length. The petitioner contends that he is a devotee of the temple. The prayer sought for is for a direction to comply with the decisions of the Executive Committee of the temple as well as the Thantri not to hold velukuthu in connection with the temple festival in the current year. The scope of this writ petition being extremely limited, the questions of faith and belief cannot be considered by this Court. It is an admitted fact that the present committee of the 5th respondent is conducting the festival in the current year. The notices produced by the parties is evidence of that fact. That a general body was convened and that a decision was taken to conduct the festival excluding the practice of velukuth is also admitted. If respondents 6 to 10 are aggrieved by the said decision, they can challenge the same. However, their existence cannot be ignored.
10.The concept of religious rituals are matters to be considered by the concerned authorities taking note of the changing realities and perceptions of the general public as well. All rituals which are being performed for several years, cannot, by that reason alone, be found to be liable to be conducted in changed times also and it is for the authorities empowered to consider the legality and necessity for continuing such practices to decide whether such rituals need to be continued in future as well. It is pertinent to note that several such practices are being given up due to the efflux of time and change in circumstances.
11.In the instant case, from the materials placed on record, the Thantri of the temple, where the festival is being conducted states that velukuthu is not a part of the rituals of the said temple and that the ritual cannot be conducted in the temple. The 5th respondent, which is admittedly responsible for the conduct of the festival in the current year, has also specifically stated in the notice issued by it that velukuthu is not being conducted in connection with the festival in the current year.
12.In the above factual situation, I fail to see how respondents 6 to 10 can claim that they have the right to conduct the ritual in connection with the festival even in the light of the letter of the Thantri saying that such ritual does not form the part of the rituals connected with the temple. There are several allegations and counter allegations raised by the petitioner in the writ petition and the respondents against each other. However, in view of the fact that the 5th respondent, who has admittedly been conducting the festival of the temple, supports the contentions raised by the petitioner and in view of the fact that the learned Government Pleader submits on instructions from the S.H.O that on a complaint submitted by the petitioner, an enquiry was conducted and it was revealed that the majority of the persons in the locality and the devotees of the temple are in support of conduct of the festival without the ritual of velukuth, I am of the opinion that the prayer sought for is liable to be granted.
13.There will, accordingly, be a direction to respondents 2 to 4 to afford adequate protection to the 5th respondent to conduct the temple festival in accordance with its decision and to enforce the decision taken by it not to conduct velukuth and to afford necessary protection from any illegal obstructions of breach of peace by respondents 6 to 10 or anybody claiming through them.