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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
SUO MOTU – Petitioner
Versus
STATE OF KERALA – Respondent
SSCR No. 13 of 2022
Decided On : 18-11-2022
Temple - Vazhipadu item - SSCR No. 10 of 2022 filed by Special Commissioner was regarding leakage of water from roof of Sreekovil in Sabarimala Sannidhanam and remedial measures to be taken - By order dated, Special Commissioner was directed to file a report before Court on Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam - In said order, Court noticed specific stand taken by Travancore Devaswom Board that ‘Pushpalankaram’ by devotees is permitted only outside Sopanam without fixing nails or screws on copper plates used for covering wooden roofing - Learned Standing Counsel for Travancore Devaswom Board was directed to handover a copy of Board order dated, re-fixing rate of ‘Pushpalankaram’ at Sabarimala Sannidhanam to learned Amicus Curiae for Special Commissioner - Whether Pushpalankaram’ is a Vazhipadu item in Sabarimala Devaswom as per Paditharam’ and whether fixation/revision of rate for said Vazhipadu item was subject matter of any reports filed by learned Ombudsman and orders of Court - Travancore Devaswom Board is duty bound to see that regular traditional rites and ceremonies according to practice prevalent in Sabarimala are performed promptly; to administer Sabarimala Devaswom in accordance with recognised usages and to make proper arrangements for conduct of daily worship and ceremonies and of festivals in Sabarimala according to its usage.
Findings of the Court:
When ‘Pushpalankaram’ is not a vazhipadu item at Sabarimala Sannidhanam either in Paditharam’ or Pathivu Register’ merely on the ground that some of devotees, who are affluent are willing to offer it as Vazhipadu, Travancore Devaswom Board should not have permitted Pushpalankaram’ as seen in photographs reproduced hereinbefore - As evident from the photograph reproduced hereinbefore at paragraph 23, the pillars and walls of Valiyambalam are covered with golden plates - As evident from photograph reproduced hereinbefore at paragraph 24, those pillars and walls are covered using flower garlands, flower bouquets’ etc. Pushpalankaram’ is permitted even obstructing the view of ‘Ashtadikpalakars’ in the bottom portion of golden flag-mast - At any rate, Pushpalankaram’ covering the pillars and walls of Valiyambalam which are covered with golden plates, will not add to overall beauty of the temple, as claimed by Travancore Devaswom Board. Such floral decorations normally seen in auditoriums cannot be permitted in Sabarimala Temple, which is not a ‘tourist spot’ but a ‘holy pilgrim destination’ where Pushpalankaram should be in traditional wav with flowers used in Sabarimala for ‘Pushpabhishekam’ or for conducting poojas as per Paditharam - At any rate, no floral decorations can be permitted in railings on bottom portion of golden flag-mast, obstructing the view of Ashtadikpalakars.
Result: SSCR is disposed of.
ORDER :
1. The Special Commissioner, Sabarimala has filed this report pursuant to the directions contained in the order of this Court dated 23.08.2022 in SSCR No. 10 of 2022.
2. SSCR No. 10 of 2022 filed by the Special Commissioner was regarding the leakage of water from the roof of the Sreekovil in Sabarimala Sannidhanam and the remedial measures to be taken. By the order dated 23.08.2022, the Special Commissioner was directed to file a report before this Court on the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. In the said order, this Court noticed the submission made by the learned Standing Counsel for the Travancore Devaswom Board that ‘Pushpalankaram’ by devotees is permitted only outside the Sopanam without fixing nails or screws on the copper plates used for covering the wooden roofing. The learned Standing Counsel for Travancore Devaswom Board was directed to handover a copy of the Board order dated 28.12.2017, re-fixing the rate of ‘Pushpalankaram’ at Sabarimala Sannidhanam to the learned Amicus Curiae for Special Commissioner.
3. In the order dated 30.09.2022 in SSCR No. 10 of 2022, this Court noticed that, by the orders dated 05.11.2021 and 03.01.2022 in DBA No. 12 of 2021, permission was accorded for revision of Vazhipadu rates in Sabarimala and Pamba Devaswoms, subject to the modification suggested by the learned Ombudsman in TDB Report No. 14 of 2021. By the said order, permission was accorded for the revision of rates for Aravana and Appam Prasadam in Sabarimala and Pamba Devaswoms at a lower rate, subject to the condition that the revised rates shall be enforced only after the Mandala Makaravilakku season of 1197ME. The Vazhipadu ‘Pushpalankaram’ at Sabarimala Sannidhanam was not a Vazhipadu item in the petition filed by the Travancore Devaswom Board before the learned Ombudsman, based on which the learned Ombudsman filed TDB Report No. 14 of 2021. All Vazhipadu items in Sabarimala and Pamba Devaswoms, as per ‘Paditharam’ were included in the report of the learned Ombudsman.
4. On 10.10.2022, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to whether ‘Pushpalankaram’ is a Vazhipadu item in Sabarimala Devaswom as per ‘Paditharam’ and whether fixation/revision of the rate for the said Vazhipadu item was the subject matter of any reports filed by the learned Ombudsman and the orders of this Court. By the order dated 10.10.2022, the learned Standing Counsel was directed to make available for the perusal of this Court the files relating to the decisions taken by the Travancore Devaswom Board in respect of Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam.”
5. On 14.10.2022, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board pointed out an order of this Court dated 05.10.2016 in DBA No. 14 of 2016. The learned Standing Counsel sought some more time to make available for the perusal of this Court the relevant orders regarding fixation/revision of the rate in respect of the Vazhipadu item Pushpalankaram. The learned Standing Counsel was directed to make available for the perusal of this Court, a certified extract of the ‘Paditharam’ of Sabarimala Devaswom.
6. Today, when this SSCR is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the files relating to fixation/revision of rate in respect of Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. The learned Standing Counsel seeks further time to make available for the perusal of this Court a certified extract of the ‘Paditharam’ of Sabarimala Devaswom.
7. We have gone through the files relating to fixation/revision of rate in respect of the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. In the petition filed before the learned Ombudsman for revision of Vazhipadu rates, with effect from the year 2017, it is not stated
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