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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
Major Vellayani Devi Temple Advisory Committee – Petitioner
Versus
State of Kerala – Respondent
W.P. (C) Nos. 4729, 5079 of 2023
Decided On : 14-02-2023
Kerala Police Act, 2011 - Section 81 - Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 3, 15A, 31, (1), (2) - Motor Vehicles Act, 1988 - Section 118, 198A - Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011 - Motor Vehicles (Amendment) Act, 2019 - Section 84 - Trouble in conduct of temple festival - Encroachments on public roads - Alleged that 3rd respondent District Magistrate and 4th respondent Circle Inspector are creating trouble in conduct of the temple festival, misusing their powers, under the influence of the local Communist Party of India (Marxist) workers - On account of such encroachments, pedestrians including those with disabilities and reduced mobility are forced to walk through right of way of public roads, in unsafe circumstances.
Findings of the Court:
In Satheesh this Court noticed that, showing scant regard to law laid down in decisions referred to supra, political parties and various organisations are permitted to put up structures on footpaths and even on right of way on public roads, all over State - Protesters/agitators having political backing are even permitted to lay carpet and place chairs on footpath - State holds public roads as a trustee on behalf of public - By permitting encroachments on public roads by way of temporary structures on right of way or on pavements or on pedestrian facilities provided on such roads, on political considerations or otherwise, State Government or the concerned Local Self Government Institution is committing breach of trust - Therefore, in terms of interim order law laid down by this Court in Satheesh vs. Travancore Devaswom Board shall be followed by all concerned, in letter and spirit, during temple festival in Temple, which is a temple under management of Travancore Devaswom Board.
Result: Petitions disposed of.
JUDGMENT :
ANIL K. NARENDRAN, J.
1. The common issue raised in these Writ Petitions relates to the conduct of Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple, which is a temple under the management of the Travancore Devaswom Board.
2. W.P. (C) No. 4729 of 2023 is one filed by the Temple Advisory Committee of Major Vellayani Bhadrakali Devi Temple and another seeking a writ of mandamus commanding respondents 2 to 6 to consider Ext.P1 representation dated 08.02.2023 and take necessary steps to ensure the use of saffron/orange coloured decorative materials at the temple premises and festival ground, during Kaliyoottu festival at Major Vellayani Bhadrakali Devi Temple. The petitioner has also sought for a writ of mandamus commanding the respondents to maintain law and order and ensure adequate and effective protection to the petitioners as well as devotees of Major Vellayani Bhadrakali Devi Temple, during Kaliyoottu festival of 2023, which is scheduled to be held from 14.02.2023 to 24.04.2023; and to restrain the 7th respondent Inspector of Police, Nemom Police Station, from interfering with the affairs of the Temple Advisory Committee and the devotees during Kaliyoottu festival. In the Writ Petition, it is alleged that, on 07.02.2023, at about 10.30 a.m., when the decoration work in the temple premises commenced, the 7th respondent Inspector of Police orally directed the petitioners to stop the decoration work and laying of arches, festoons and tinsels with saffron colours, without any provocation, and demanded to provide multi-coloured decorations in the temple premises. On 08.02.2023, the petitioners submitted Ext.P1 representation before the 5th respondent Director General of Police to prevent the 7th respondent Inspector of Police and the police force from demanding the use of multi-coloured materials in the temple premises and the festival ground during Kaliyoottu festival, without causing obstruction and hindrance to the public. The document marked as Ext.P2 is a copy of the notice of Kaliyoottu festival.
2.1 On 10.02.2023, when this Writ Petition came up for admission, the learned Senior Government Pleader and also the learned Standing Counsel for the Travancore Devaswom Board sought time to get instructions.
2.2 On 13.02.2023, when this Writ Petition came up for consideration, it was ordered that the law laid down in Satheesh vs. Travancore Devaswom Board, 2022 (1) KLT 940 shall be followed by all concerned, in letter and spirit, during the temple festival in Major Vellayani Bhadrakali Devi Temple, which is under the management of the Travancore Devaswom Board.
2.3 The 7th respondent Inspector of Police, Nemom Police Station has filed a counter affidavit dated 14.02.2023. According to the 7th respondent, during previous years there were disputes between rival groups of devotees supported by political parties regarding putting up of arches, flags, decorations, festoons, etc. When that dispute was about to affect the law and order situation and also the smooth conduct of the temple festival, the District Magistrate issued Ext.R7(a) proceedings dated 03.03.2017, under Section 81 of the Kerala Police Act, 2011, directing the District Police Chief to remove all flags, banners, flex boards, festoons and other decorative works put up in public property and also on public roads. Ext.R7(a). Since there arose a dispute between the local people regarding the colour used in the decorative works and there are complaints from different corners, a joint meeting was convened to resolve the dispute. The District Magistrate, Thiruvananthapuram has issued an order dated 10.02.2023, under Section 81 of the Kerala Police Act, 2011, directing the use of only ‘politically neutral’ colours in the decorations made in connection with the festival in Major Vellayani Bhadrakali Devi Temple, so as to avoid provocation from other groups. In the counter affidavit, it is stated that the Police are not interested in the colour code or the way in
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