Point of Law : Members of the public are entitled as beneficiaries to use them as a matter of right and this right is limited only by the similar rights possessed by every other citizen to use pathways.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner, who is a resident of Chettikulangara and also a devotee and worshipper of Chettikulangara Devi Temple in Mavelikkara Taluk, which is under the management of the 1st respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to permit the devotees of Chettikulangara Devi Temple to offer ‘Kettukazhcha’ without any restriction on height during ‘Aswathy Festival’ which is scheduled to be held on 03.04.2022. Going by the averments in the Writ Petition, the grievance of the petitioner is that the 4th respondent Sree Devi Vilasom Hindumatha Convention Trust, which is the Temple Advisory Committee of Chettikulangara Devi Temple, imposed restriction on the height of ‘Kettukazhcha’ (chariot) to be dedicated by the devotees on 03.04.2022. As per that restriction the height of ‘Kettukazhcha’ shall be less than 20 feet. According to the petitioner, the above restriction imposed by the 4th respondent amounts to interference with the religious freedom of the petitioner.

2. On 25.03.2022, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board took notice on admission for respondents 1 to 3. Urgent notice on admission by Special Messenger was ordered to the 4th respondent, returnable by 30.03.2022.

3. On 30.03.2022, when this writ petition came up for consideration, the Station House Officer, Mavelikkara and also the District Collector, Alappuzha, were suo motu impleaded as additional respondents 4 and 5. The learned Senior Government Pleader entered appearance for the additional respondents and sought time to get instructions.

4. The learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 1 to 3, opposing the relief sought for in this writ petition. The 4th respondent Sree Devi Vilasom Hindumatha Convention Trust has also filed a counter affidavit, raising similar contentions.

5. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board, for respondents 1 to 3, the learned counsel for the 4th respondent and also the learned Senior Government Pleader for additional respondents 5 and 6.

6. In the statement filed on behalf of respondents 1 to 3 it is stated that, the main ‘Kettukazhcha’ at Chettikulangara Devi Temple is being conducted during ‘Kumbha Bharani’, which consists of 13 ‘Kettukazhchas’ (Chariots) representing 13 karas. Since proper space is available for each ‘Kettukazhcha’ it may not cause any inconvenience to the public or adversely affect their free movement. Moreover, cables are drawn underground. ‘Aswathy Kettukazhcha’ is an offering by the children, which is of recent origin. Now it is taken over by elderly people as a status symbol and sign of proudness. There is unhealthy competition among public to raise the height of ‘Kettukazhcha’ to the maximum extent possible. This unhealthy competition to raise the height of ‘Kettukazhcha’ is creating law and order issues and most often it results in wordy altercations between the public. Now ‘Kettukazhcha’ is being brought to Chettikulangara Devi Temple from far away places and as a result, electric cables are being removed and power supply is being interrupted for more than 24 hours, causing undue hardships to the public. Therefore, the demand made by the petitioner to increase the height of ‘Kettukazhcha’ cannot be entertained and it is high time that reasonable restrictions be imposed. Moreover, lakhs of rupees are being collected illegally in the name of ‘Kettukazhcha’, which has now become a method for illegal collection of funds outside the temple premises. In order to substantiate the said fact, Annexure R1(a) advertisement board erected on an electric post by ‘Deepadhara Yuvajana Samithi’ is produced along with the statement. The document marked as Annexure R1(b) is a letter dat