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2024 Supreme(Ker) 627

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Ammanoor Parameswaran Chakyar – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary To Government, Revenue (Devaswom) Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.S.Bharathan, Alphin Antony, Aadithyan S.Mannali, Visakh Antony
Christine Mathew, C.J.Lizy, Rance R.
For the Respondent: Sri. S. Rajmohan, Sr.Government Pleader, N.N.Sugunapalan (Sr.), By S.Sujin, P.N. Damodaran Namboodiri, Hrithwik D. Namboothiri

JUDGMENT :

P.G.Ajithkumar, J.

The petitioners are members of the Ammannoor Family. They have the hereditary right to perform 'Koothu' and 'Koodiyattam' at the Koothambalam in Koodalmanikyam Temple. That is a part of religious, spiritual, ritualistic and ceremonial worship of the Deity. Members of the Ammannoor Family alone can perform at the Koothambalam and a member should undergo an ordination ceremony before starting performance in the Koothambalam. It being a religious and ritual ceremony followed from time immemorial in the Temple, the 2nd respondent, Koodalmanikyam Devaswom Managing Committee cannot change the practice. It is recognised as a cultural heritage of humanity by the United Nations Educational, Scientific and Cultural Organisation (UNESCO).

1.1. When the custom and usage enable members of the Ammannoor Family alone to perform 'Koothu' and 'Koodiyattam' in the Koothambalam, there can be no dilution or alteration to that customary right. It is connected to temporal activities and the 2nd respondent, in exercise of its duties under Section 10 of the Koodalmanikyam Act, 2005 (the Act for short), is expected to continue the practice without any change. In the light of the

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