Point of Law: ‘Worshipper’ is a person who shows reverence and adoration for a deity - Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple.

ORDER :

Anil K. Narendran, J.

A devotee of Lord Ayyappa has submitted a complaint dated 28.09.2022 pointing out certain grievances in connection with Sabarimala Darshan. By proceedings dated 30.09.2022, Registry was directed to register a DBP suo motu.

2. On 30.09.2022, when this DBP came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions. By the order dated 30.09.2022, the Special Commissioner, Sabarimala was directed to file a detailed report, which is placed on record on 10.10.2022.

3. On 11.10.2022, Registry was directed to issue notice to the complainant intimating the next posing date. Copy of this DBP and also the report dated 10.10.2022 of the Special Commissioner, Sabarimala were ordered to be enclosed along with that notice. On 08.11.2022, the learned counsel for the petitioner/complainant sought time to file an affidavit in reply to the report of the Special Commissioner.

4. Today, when this DBP is taken up for consideration, the petitioner/complainant filed as ‘bench mark’ an affidavit dated 10.11.2022, in reply to the report of the Special Commissioner. The learned counsel for the petitioner/ complainant has handed over in Court, a copy of the said affidavit to the learned Senior Government Pleader and also to the learned Standing Counsel for Travancore Devaswom Board. Though the learned Senior Government Pleader sought time to file an affidavit of the 6th respondent, in reply to the allegations contained in the said affidavit, we find that this matter can be disposed of without going into those allegations, in view of the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board and others [2022/KER/ 20737 : 2022 SCC OnLine Ker 2185] and the filing of SSCR No.23 of 2022 by the Special Commissioner, Sabarimala, regarding the implementation and management of Virtual-Q system by the Travancore Devaswom Board for Sabarimala darshan during Mandala-Makaravilakku festival season of 1198 M.E. (2022-23) and for effective crowd management at Nilakkal, Pamba, Sannidhanam and the trekking paths, transportation facilities for the pilgrims, etc. The entry of vehicles having seating capacity up to 15 from Nilakkal to Pamba to drop and pick up pilgrims at Pamba is one of the issues involved in SSCR No.23 of 2022.

5. Heard the learned counsel for the petitioner/ complainant, the learned Senior Government Pleader for respondents 1 and 5 to 8, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

6. Travancore-Cochin Hindu Religious Institutions Act, 1950 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. 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.

7. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with