Point of Law : There is a constitutional obligation to preserve the religious practices of all religions and there is also a corresponding duty to act in that direction.

ORDER :

Anil K. Narendran, J.

This DBP is registered suo motu, based on a news item that appeared in Kerala Kaumudi daily dated 04.02.2022 that, as part of 'Panthrandu Namaskaram' in Sree Poornathrayeesa Temple at Thripunithura, under the management of Cochin Devaswom Board, the devotees are made to wash the feet of 12 brahmins as atonement for sins. The Registry was directed to issue a copy of the proceedings dated 04.02.2022 to the learned Senior Government Pleader, the learned Standing Counsel for Cochin Devaswom Board and also the learned Amicus Curiae for the learned Ombudsman. A copy of the news items appeared in Kerala Kaumudi Daily on 04.02.2022 was ordered to be enclosed along with the proceedings.

2. On 08.02.2022 when this DBP came up for consideration, the learned Standing Counsel for Cochin Devaswom Board, on instructions, submitted that in connection with 'Panthrandu Namaskaram' in Sree Poornathrayeesa Temple at Thripunithura, the devotees are not made to wash the feet of 12 brahmins as atonement for sins, as stated in the news report. It is the Thantri, who wash the feet of 12 poojaries of Sree Poornathrayeesa Temple, in connection with 'Panthrandu Namaskaram'. The learned Standing Counsel for Cochin Devaswom Board sought two weeks' time to file affidavit on behalf of the 2nd respondent.

3. On 25.02.2022, when this DBP came up for consideration, the 2nd respondent Cochin Devaswom Board has filed an affidavit dated 24.02.2022, wherein it is stated that, when the above DBP came up for consideration on 08.02.2022, the Standing Counsel for the Cochin Devaswom Board, based on Annexure R2(A) written instructions given on 07.02.2022 submitted that, as stated in the news item appeared in the Kerala Kaumudi daily dated 04.02.2022, the devotees are not made to wash the feet of the Brahmins in connection with ‘Panthrandu Namaskaram’ in Sree Poornathrayeesa Temple. On the other hand, it is the Thanthri who washes the feet of 12 priests in connection with the ‘Panthrandu Namaskaram’. Section 73A of the Travancore–Cochin Hindu Religious Institutions Act, 1950 deals with duties of the Board. As per clause (i) of Section 73A, it shall be the duty of the Board to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly. In terms of Section 73A, it is the duty of the Cochin Devaswom Board to see that the regular traditional rights according to the practice prevalent in the religious institutions are performed promptly. In view of the provisions under sub-section (2) of Section 62 of the Act all rituals and ceremonies in the temple of Sree Poornathrayeesa at Thripunithura shall continue to be executed as hitherto by the Ruler of Cochin. The news item appeared in Kerala Kaumudi daily dated 04.02.2022 is against the relevant provisions of the Act as well as the practice being followed in Sree Poornathrayeesa Temple, Thripunithura.

4. In the affidavit dated 24.02.2022, the 2nd respondent has stated that, based on the news item appeared in Kerala Kaumudi on 04.02.2022, the 1st respondent State sought for clarifications from the Cochin Devaswom Board. The Board in turn sought for a report from the Assistant Commissioner, Thripunithura and also the Devaswom Officer, Thripunithura. Apart from that, on 11.02.2022, the Board convened a meeting with the members of Akhila Thanthri Samajam. In the said meeting a decision has been taken to rename the vazhipadu as ‘Samaradhana’. By Annexure R2(B) communication dated 21.02.2022 of the Commissioner, the decision so taken was communicated to the 1 st respondent State.

5. By the order dated 25.02.2022 in I.A.No.1 of 2022, Sree Raghava Puram Sabha Yogam, represented by its President was impleaded as the additional 4th respondent and by the order in I.A.No.2 of 2022, Akhilakerala Thantri Mandalam, represented by its General Secretary was impleaded as additional 5th respondent. Later, by the order dated 04.03.2022 in I.A.No.3 of 2022, Yog