Thrikalanjoor Mahadeva Seva Sangam vs State Of Kerala

Anil K. Narendran, J

The petitioner, namely, Thrikalanjoor Mahadeva Seva Sangam, Pathanamthitta, represented by its Secretary, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 6 to initiate appropriate legal steps to prevent the introduction of enforcement of social disability by respondents 7 to 9 and also permit the petitioner organization to conduct 44th 'Sreemad Bhagavatha Sapthaha Yanjam' in Thrikalanjoor Mahadeva Temple premises before the commencement of annual festival, which is scheduled on 01.04.2022 to 08.04.2022, as per the custom and rituals prevailing therein; to declare that Thrikalanjoor Mahadeva Temple is a place of public worship and the petitioner is legally entitled to conduct the festivals and rituals including 'Bhagavatha Sapthaham' on the basis of Ext.P1 bye-laws in the temple premises without any obstruction or hindrance from respondents 7 to 9; for a writ of mandamus commanding respondents 3 to 6 to initiate appropriate legal action against the respondents 7 to 9 for the violation of Constitutional and Civil Rights of the petitioner organization and its members; to declare that the 2nd respondent Travancore Devaswom Board is entitled to interfere in the affairs of Thrikalanjoor Mahadeva Temple in the event of violation of public order and civil rights of its devotees; for a writ of mandamus commanding respondents 3 to 6 to provide adequate and effective police protection for the conduct 44th 'Sreemad Bhagavatha Sapthaha Yanjam' and the annual festival in the Thrikalanjoor Mahadeva Temple' by the petitioner organization, without any interference by respondents 7 to 9 or their men; and to direct the 3rd and 4th respondents to initiate proceedings against the respondents 7 to 9 for committing, aiding and abetting any act, which cause communal disharmony in the area.

On 16.03.2022, when this writ petition came up for consideration, the learned counsel for the petitioner sought adjournment in order to make submissions as to the role of the 2nd respondent Travancore Devaswom Board in the affairs of Thrikalanjoor Mahadeva Temple.

Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the official respondents and also the learned Standing Counsel for Travancore Devaswom Board.

Travancore-Cochin Hindu Religious Institutions Act, 1950 (for brevity 'the Act') enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. Clause (c) of Section 2 defines the term 'incorporated Devaswoms' to mean the Devaswoms mentioned in Schedule I, and 'unincorporated Devaswoms' to mean those Devaswoms including Hindu Religious Endowments whether in or outside Travancore which were under the management of the Ruler of Travancore and which have separate accounts of income and expenditure and are separately dealt with. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk.

Chapter  II  of  the  Act  deals  with  the  Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well the as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per sub-section (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board.

Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.

On a query made by this Court, the learned counsel for the petitioner would submit that Thrikalanjoor Mahadeva Temple is not an 'incorporated’ or ‘unincorporated' Devaswom falling under clause (c) of Section 2 of the Travancore-Cochin Hindu Religious Act, 1950, under the control or management of the 2nd respondent Travancore Devaswom Board.

The petitioner has sought for a declaration that Thrikalanjoor Mahadeva Temple is a place of public worship and therefore, the petitioner is legally entitled to conduct the festivals and rituals in that Temple including 'Bhagavatha Sapthaham' on the basis of Ext.P1 bye-laws. The petitioner has also sought for other consequential reliefs.

The declaratory relief sought for in this writ petition that Thrikalanjoor Mahadeva Temple is a place of public worship is beyond the scope of writ jurisdiction of this Court under Article 226 of the Constitution of India.

After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition, without prejudice to the right of the petitioner to move the appropriate forum seeking appropriate reliefs.

Based on the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioner.