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 practice and tradition in each temple.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is the ward member of Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat in Vellayani, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P17 order dated 24.02.2023 of the 3rd respondent Devaswom Commissioner, Travancore Devaswom Board. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 6 to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple; and a declaration that Ext.P17 order dated 24.02.2023 of the 3rd respondent is per se arbitrary and illegal and is a fraud on Court.

2. Going by the averments in the writ petition, though the Kuzhithalachlal and Kalluvila are at a distance of 800m from the Kalliyoor Dikkubali thara, the 3rd respondent Devaswom Commissioner issued Ext.P17 order removing the said wards from the Dikkubali Nirapara list of Vellayani Sree Bhadrakali Temple, stating that those are outside the radius of the Dikkubali Thara, i.e., outside the traditional boundary. The petitioner had earlier approached this Court challenging the said exclusion by filing W.P.(C)No.5338 of 2023, which was disposed of by Ext.P14 judgment dated 17.02.2023 recording the fact that vide communication No.ROC 1851/14/PR dated 16.02.2023, which was modified by communication dated 17.02.2023, the grievance of the petitioner stands redressed. Thereafter, Kuzhithalachal and Kalluvila were included in the list of places for ‘Pothunirapara’ in Ext.P15 Kalliyoor Dikkubali list. It is alleged in the writ petition that after the disposal of the said writ petition, the 3rd respondent issued Ext.P17 order removing those areas from the said list, relying on a report dated 22.03.2023 of the Assistant Commissioner, Neyyattinkara, stating that those areas are outside the traditional boundaries of the temple.

3. On 27.02.2023, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board was directed to get instructions.

4. Today, when this matter is taken up for consideration, a few devotees of Vellayani Sree Bhadrakali Temple got themselves impleaded as additional respondents 8 to 12 in this Writ Petition by the order in I.A.No.1 of 2023. A counter affidavit on behalf of respondents 2 to 6 is placed on record, producing therewith Ext.R2(a) to R2(d) documents. Paragraphs 6 to 12 of the counter affidavit read thus;

“6. It is submitted that Kaliyoottu festival of Vellayani Devi Temple is conducted once in every three years. Goddess Bhadrakali is the presiding deity of the Temple. The sub deities are Lord Shiva, Ganesha, Nagaraja and Madan Thampuram. The Kaliyoottu Festival for this year started on 14.02.2023 and stay for 70 days. The form of worship and customary rituals of the temple are being continued since centuries back. As part of the customary practice and rituals of the temple, Dikkubali is conducted in four Karas of the temple, named Pallichal, Kalliyoor, Koliacode and Pappanamcode. The deity will be taken to all karas during the Dikkubali and Irakki pooja/ Nirapara will be conducted in individual houses and other designated common places within the traditionally fixed boundary limits where the deity can be taken according to the customary practice and rituals of the temple. In each kara a list of houses and places within the respective area where individual Nirapara and Pothu Nirapara are proposed to be conducted will be prepared in terms of the traditionally followed customs and practice of the temple. The limits of each Kara were fixed decades back and the Nirapara will be conducted only within such limits.

7. It is respectfully submitted that the places, Kalluvila and Kuzhithalachal will not come within the accepted boundary limit followed from time immemorial. In 2017, the then Temple Advisory Committee President conducted nirapara in the house of his family members situat