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2018 Supreme(Ker) 3

IN THE HIGH COURT OF KERALA
P.R. RAMACHANDRA MENON, V. SHIRCY, JJ.
N. Radhakrishna Pillai, Kollam - Petitioner
Versus
Travancore Devaswom Board, Represented By Secretary, Thiruvananthapuram & Others - Respondents
W.P(C) Nos. 15406 & 18484 of 2017
Decided On : 05-01-2018

Advocates:
Advocate Appeared:
For the Petitioner: Sreedevi Kylasanath, Kamalakshy Kylasanath, R. Mahesh Menon, Achuth Kylas
For the Respondents: D. Sreekumar, A. Sreekala, B. Mohanlal, P.S. Preetha, S. Saiju T. Prasad

Headnote:

Constitution of India-Art.226-The price of 'Unniappam Vazhipadu' has been enhanced from Rs. 20/- to Rs.35/- per packet containing 10 Unniappams - Rate fixed by the Expert Body of the Devaswom stipulating the price of Unniappam Vazhipadu as Rs.30/- per packet (Rs.20/- payable to the Keezhsanthi towards cost of raw materials and labour, while Rs.10/- to the Devaswom towards Muthalkkoottu) is liable to be sustained and given effect to. Ext.P2 order/(Ext.R1H) dated 17.03.20107 passed by the Devaswom Commissioner and Ext.R1K order 23.05.2017 passed by the Travancore Devaswom Board stand set aside and modified to the said extent. This shall be given effect to immediately.

Statement of facts:

Challenging Ext.P2 order, whereby the price of 'Unniappam Vazhipadu' has been enhanced from Rs. 20/- to Rs.35/- per packet containing 10 Unniappams. The enhancement is stated as exorbitant in all respects, without any regard to the facts and figures in relation to the cost of production and the unlawful enrichment sought to be made by the Devaswom Board at the cost of poor devotees. W.P(C) 18484 of 2017 has been preferred by the Travancore Devaswom Board seeking for police protection to run the vazhipadu counter in the said Temple, which is stated as being forcefully obstructed by the respondents 4 to 9 taking the law into their hands and causing huge loss to the Devaswom. Since the issue involved in both these cases relates to the root cause as to the pricing of Unniappam Vazhipadu in the Temple and the alleged disproportionate escalation of the price, both the cases were heard together, taking W.P( C)No.15406 of 2017 as the lead case.

Finding of the court:

If any threat to the law and order situation with regard to sale of 'Unniappams' in the Devaswom counters and in realising the amount as now mentioned above, effective and adequate protection shall be given by the Police abating the threat to the law and order situation. WP(C) 18484 of 2017 stands disposed of-

As and when necessity arises to enhance the 'Vazhipadu' rates, the Devaswom Board shall bring it to the notice of the Ombudsman and based on the report of the Ombudsman, appropriate orders would be passed by this Court so as to meet the need of the hour. Revision of rates shall be implemented by the Devaswom accordingly.

Result: Revision Ordered

JUDGMENT :

P.R. Ramachandra Menon, J.

1. The petitioner in W.P(C)15406 of 2017 is a devotee of P.D. Manikanteswaram Sree Maha Ganapathy Temple, Kottarakkara, who has approached this Court challenging Ext.P2 order, whereby the price of 'Unniappam Vazhipadu' has been enhanced from Rs. 20/- to Rs.35/- per packet containing 10 Unniappams. The enhancement is stated as exorbitant in all respects, without any regard to the facts and figures in relation to the cost of production and the unlawful enrichment sought to be made by the Devaswom Board at the cost of poor devotees. W.P(C) 18484 of 2017 has been preferred by the Travancore Devaswom Board seeking for police protection to run the vazhipadu counter in the said Temple, which is stated as being forcefully obstructed by the respondents 4 to 9 taking the law into their hands and causing huge loss to the Devaswom. Since the issue involved in both these cases relates to the root cause as to the pricing of Unniappam Vazhipadu in the Temple and the alleged disproportionate escalation of the price, both the cases were heard together, taking W.P( C)No.15406 of 2017 as the lead case.

2. Heard the learned counsel for the petitioners, the learned Standing Counsel for the Devaswom and the learned counsel for the respondents 3 and 4.

3. The respondent Devaswom Board has filed a counter affidavit dated 17.06.2017, followed by an additional counter affidavit dated 30.06.2017 and yet another additional counter affidavit dated 13.09.2017. Some additional documents have also been filed along with the said proceedings. The respondents 3 and 4 have filed their version as per the counter affidavit dated 27.06.2017, virtually supporting the contentions raised by the petitioner in the said writ petition and deprecating the course sought to be pursued by the Devaswom. The party respondents, 5, 6, 7 and 9 in W.P(C)18484 of 2017 have put forth their stand, asserting that they had not caused any threat to the law and order situation and were only trying to explain the actual facts and circumstances in so far as their grievance is concerned. A separate counter affidavit has been filed by the 8th respondent in the said case, almost in line with the version putforth by the other party respondents.

4. Kottarakkara Maha Ganapathy Temple is famous in many respects and the 'Unniappam Vazhipadu' conducted there is stated as known all over. Though the main deity is Lord Siva, 'Unniappam' is offered to the deity Kottarakkara Sree Maha Ganapathy. As per the custom and practice, the offering of Unniappam as 'Nivedyam' has to be prepared in front of the deity and the process starts from the dawn to the dusk. 'Unniappam' so prepared are offered to Lord Maha Ganapathy and later, it is distributed freely to the devotees. It is pointed out that this offering is known as 'Udayasthamana Pooja', which came into vogue centuries ago and because of the heavy rush to perform the said Vazhipadu, advance booking is necessary.

5. It is revealed from the pleadings and proceedings that preparation of 'Unniappam' is part of the duty of the 'Keezhsanthi' of the Temple. The entire cost of production including the raw materials and labour (engaging sufficient number of personnel) is met by the Keezhsanthi, who is being paid by the Devaswom to an appropriate extent as decided from time to time. Till the year 2008, the price of Unniappam which was being sold by the Devaswom through their counter, was fixed as Rs.10/- per packet containing 10 Unniappams. The entire amount was to be given to the Keezhsanthi. The matter came up for scrutiny before the Ombudsman, appointed by this Court, who after examining the facts and figures made a proposal, also considering the demand for increasing the price and also the expenditure being met by the Devaswom for providing the infrastructure. It was accordingly, that the price of Unniappam was increased to Rs.15/- per packet (containing 10 Unniappams); out of which Rs.12.50/- was to be given to the Keezhsanthi, w



























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