The central legal point established in the judgment is the duty of the Travancore Devaswom Board to manage temple properties, perform traditional rites, and ensure compliance with statutory duties and rules in the administration of Hindu religious trust.

JUDGMENT :

(Anil K. Narendran, J.)

The issue raised in these writ petitions relates to the conduct of ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple, which is a temple under the management of the Travancore Devaswom Board.

2. W.P.(C)No.41819 of 2023 is filed by two devotees of Chakkuvally Sree Parabrahma Temple seeking a writ of certiorari to call for the records leading to the decision taken by the 2nd respondent Travancore Devaswom Board allowing the conduct of ‘Nava Kerala Sadas’, which is scheduled to be held on 18.12.2023, in the premises of Chakkuvally Sree Parabrahma Temple; a writ of mandamus commanding the 1st respondent State to abstain from holding ‘Nava Kerala Sadas’ in the premises of Chakkuvally Sree Parabrahma Temple or any other temple premises; and a declaration that the decision of the 1st respondent State and the 2nd respondent Travancore Devaswom Board to conduct ‘Nava Kerala Sadas’ in the premises of Chakkuvally Sree Parabrahma Temple is per se illegal and violative of Article 25 of the Constitution of India.

3. W.P.(C)No.42081 of 2023 is filed by two other devotees of Chakkuvally Sree Parabrahma Temple seeking a writ of mandamus commanding the 2nd respondent Travancore Devaswom Board and its officials, who are arrayed as respondents 3 to 5, not to permit the conduct of ‘Nava Kerala Sadas’, which is scheduled to be held on 18.12.2023, in the compound of Chakkuvally Sree Parabrahma Temple, which is under the management of the Board; and a writ of mandamus commanding the Board and its officials not to allow any activity in the premises of Chakkuvally Sree Parabrahma Temple, which are not connected with or arising from the worship, usages and observations of that temple, in violation of the provisions of the Hindu Places of Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder.

4. Going by the averments in the writ petitions, Chakkuvally Sree Parabrahma Temple has a large compound, which is called ‘Padanilam’, surrounded by a compound wall. Near the eastern boundary and near the north-eastern corner of that property, there are buildings in which a Central School managed by the Board is functioning. A religious ceremony by the name ‘Pandrandu vilakku’ in Chakkuvally Sree Parabrahma Temple will take place in ‘Padanilam’. On the eastern side of the Padanilam, there is Chamudeswari Devi Nada. ‘Lakshadeepam’ is being conducted in ‘Padanilam’, by the end of ‘Mandala Chirapu’, which is scheduled to be held on 27.12.2023. In order to substantiate the said fact that ‘Lakshadeepam’ is being conducted in ‘Padanilam’, Ext.P8 photograph is placed on record in W.P.(C)No.42081 of 2023. After referring to various provisions in the Travancore-Cochin Hindu Religious Institutions Act, 1950, the provisions under the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and the Rules made thereunder, i.e., the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, the petitioners in W.P.(C) Nos.41819 and 42081 of 2023 would contend that an activity like ‘Nava Kerala Sadas’ cannot be permitted to be conducted in the premises of Chakkuvally Sree Parabrahma Temple. In order to substantiate the said contention, various photographs are placed on record in both the writ petitions.

5. Along with a memo dated 13.12.2023 filed by the learned Standing Counsel for Travancore Devaswom Board a copy of order ROC No.13961/23/CBSE dated 11.12.2023 of the Travancore Devaswom Board granting permission for the conduct of ‘Nava Kerala Sadas’ in the ground of Chakkuvally Central School, which is under the management of the Travancore Devaswom Board, is placed on record. The said order reads thus;

6. Along with I.A.No.2 of 2023 in W.P.(C)No.41819 of 2023 the petitioners have placed on record Exts.P11 and P12 photographs showing the erection of a pandal for ‘Nava Kerala Sadas’ in the Devaswom land of Chakkuvally Sree Parabrahma Temple and Exts.P13 and P14 aerial p