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 : 20-10-2022
Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 15A, 24 and 31 - 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 submission made by learned Standing Counsel for 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 Taditharam and whether fixation/revision of rate for said Vazhipadu item was subject matter of any reports filed by learned Ombudsman and orders of Court - As per the report of Special Commissioner, lower edge of roof of Valiambalam, just above Thoovanapalaka, is randomly fixed with nails which might have been fixed a long time before - Roof of Sreekovil was re-laid recently to rectify water leakage - Lower edge of Sreekovil, just above Thoovanapalaka, was also randomly fixed with old nails to facilitate hanging of flowers and garlands while conducting Pushpalankaram - However, after rectification of the roof of the Sreekovil, old nails were removed and the holes were sealed with M-Seal and Silicone gel.
Findings of the Court:
Learned Standing Counsel for Travancore Devaswom Board would submit that, after report of Special Commissioner, Sabarimala, Thantri of Sabarimala Temple has objected to floral decoration on roof of Sreekovil and bottom portion of Golden Flag-mast, in connection with Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam - Standing Counsel would also submit that, after filing of this SSCR, Board is not accepting money from devotees for the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam - Affidavit on behalf of 2nd respondent Travancore Devaswom Board, explaining facts and circumstances in relation to the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam, with specific reference to state of affairs, as disclosed from photographs reproduced hereinbefore, which form part of this SSCR filed by Special Commissioner, Sabarimala, shall be placed on record within a period of two weeks - A certified extract of ‘Paditharam’ of Sabarimala Devaswom shall also be placed on record along with that affidavit - Files made available for perusal of Court are returned to learned Standing Counsel for Travancore Devaswom Board, for enabling 2nd respondent Board to file an affidavit in this SSCR.
Result: Order accordingly.
ORDER :
1. The Special Commissioner, Sabarimala has filed this report regarding the Vazhipadu item ‘Pushpalankaram’ in Sabarimala Sannidhanam, as per 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 specific stand taken by 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 the Special Commissioner.
3. In the report of the Special Commissioner, it is stated that decorative flowers of various colours and varieties, flower garlands, etc. are used by the devotee sponsoring ‘Pushpalankaram’ to decorate the lower portion of the roof of the Sreekovil, Valiyambalam in front of the Sreekovil, entrance to Balikalpura, bottom portion of the golden flag- mast, Upadevatha shrines, etc. On most occasions, flowers are brought from other States and cities like Bangalore. The stem of the flowers is inserted in a sponge-like wet material. To keep the flowers fresh, the sponge is sprayed with water or some other artificial substance. After the order of this Court dated 23.08.2022 in SSCR No. 10 of 2022, during the Kannimasa Pooja in September, ‘Pushpalankaram’ was conducted at Sabarimala Sannidhanam albeit in a low-key. There was no heavy decoration for ‘Pushpalankaram’ as is usually done. Kuruthola type material and flower garlands were used for Pushpalankaram. The Sreekovil was not permitted to be decorated.
4. In the report of the Special Commissioner, it is further stated that the lower edge of the roof of Valiyambalam, just above Thoovanapalaka, is randomly fixed with nails, which might have been fixed a long time before. Recently, the roof of the Sreekovil was re-laid to rectify water leakage. The lower edge of the Sreekovil, just above Thoovanapalaka was also randomly fixed with old nails to facilitate the hanging of flowers and garlands while conducting Pushpalankaram. However, at present, after the rectification of the Sreekovil, the old nails are removed and the holes are sealed with M-Seal and Silicone gel. Large marigold and other types of flower garlands are randomly put on top of the Valiyambalam in such a way that it falls on both the eastern and western slopes of the roof. For this method of arranging garlands nails are not necessary. The edge of the lower part of the roof of the Valiyambalam, Sreekovil and Upadevada shrines is decorated with flowers and garlands by hanging them from the edge. The entrance to Balikalpura and Panchavargathara in front of the flag-mast is also heavily decorated with bunches of flowers and garlands. As per the report of the Special Commissioner, it is not possible to decipher whether nails are used for affixing the flowers. The permanently fixed nails in the lower edge and other places of the roofs of the Valiyambalam and Upadeva shrines are to be removed and the holes are to be sealed in order to protect the divinity of the structures. In future ‘Pushpalankaram’ can be permitted to be done in a modest manner, by arranging flower garlands without the aid of nails. For this purpose, iron strings or other rope-like materials can be affixed at the end of the rafters at the bottom of the roof of the Valiyambalam and Upadeva shrines. No decoration can be permitted on the Sreekovil. If the roof of the structures i
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