IMPORTANT POINT
Civil contempt requires clear evidence of willful disobedience of a court order, which was not established in this case.

JUDGMENT :

Muralee Krishna, J.

The petitioner filed this Contempt of Court Case under Section 12 of the Contempt of Court Act 1971, alleging willful violation of the directions issued by this Court in Annexure-II judgment dated 05.01.2018 in W.P.(C) No.26300 and 30457 of 2009. The petitioner claims that he is a beneficiary of that judgment and the respondents herein who are respondents 1 and 4 in W.P.(C)No.26300 of 2009 did not comply with the directions issued by this Court in Annexure-II judgement.

2. W.P.(C)Nos.26300 and 30457 of 2009 were filed raising a grievance in respect of the alleged rights to appropriate the amount deposited by the devotees at the ‘Sopanam’ of the Parassinikadavu Muthappan Temple, without being appropriated towards the temple fund, so as to have it distributed among the members of the three different families such as Kovval, Kannoth and Vadakkal, who are managing the affairs of the temple. In the writ petitions, a declaration was sought for, to the effect that the amount placed at the ‘Sopanam’ is ‘Dakshina’ to the Chief Priest and that the same cannot be termed as ‘Kanikka’ to the Deity. Ext.P6 order produced in those writ petitions issued by the Commissioner of Devaswom to the ‘Madayan’/Chief Priest of the temple to stop the acts and deeds in appropriating the amounts placed by the devotees at ‘Sopanam’ was challenged and refund of the amounts already appropriated was also sought in those writ petitions.

3. After considering the materials on record and the submissions made at the Bar, the writ petitions were disposed of by this Court as per the judgment dated 05.01.2018 by issuing certain directions. Paragraphs 21 to 23 and the operative portion of the said judgment read thus:

“21. Another important aspect to be noted is that 'Sopanam' in Sanskrit means ’footsteps’. The steps lead to the Sanctum Sanctorum, where the idol is situated or the Deity is placed. It cannot be forgotten that a devotee who is coming from a far away place, may not be knowing the custom/usage/practice (of taking the offering placed at the ’Sopanam’ by the priest as Dakshina); who may place his offering to the Deity at the ’Sopanam’ leading to the Sanctum Sanctorum (where the Deity is situated) and make his prayers accordingly. In the Muthappan temple involved herein, there is no dispute that persons are coming from far away places, who include Hindus, Christians and Muslims as well. In the said circumstance, what matters more is with regard to "will of the devotee", who makes the offerings. In other words, it is for the devotee to consider and place the offering, as to whether it should go to the Deity as ’Kanikka’ or to the Priest/Madayan as ’Dakshina’. Once this position is made clear, the situation will be taken care of by the devotee himself by putting the offering in favour of the Deity as ’Kanikka’ or in favour of the Priest/Madayan, as ’Dakshina’, at the place where it is to be offered/placed. This will solve the issue once and for all. The offerer/devotee cannot be left in the dark as to the fate of his offering, concealing the fact that if it is placed in the ’Sopanam’, it will never go to the Deity as ’Kanikka’ (despite the will and wish of the devotee/offerer) and it will go only to the Madayan/Priest as ’Dakshina’.

22. In the above circumstances, this Court finds it appropriate to cause the position to be brought to the notice of all concerned. Accordingly, there will be a direction to cause two vessels, preferably of Bronze or Copper of equal size (like Uruli or small pots) to be placed equidistantly at the ’Sopanam’ with a clear, legible and readily readable inscription (in English and the Regional language) that one vessel will be for deposit of ’Dakshina’ to the priest/ Madayan, while the contributions in the other vessel will form ’Kanikka’ to the Deity. The amounts collected in the above two vessels shall be counted every day by the authorities concerned in presence of the representatives of both the Madaya