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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, VIJU ABRAHAM, JJ.
P. Sudhakaran S/o Krishnan Nair - Petitioner
Versus
State of Kerala - Respondent
WP (C) No. 16440 of 2024
Decided On : 04-04-2025
(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 62, 73A, and 74 - Conduct of Thrissur Pooram - Writ petitions filed by devotees challenging police interference in temple administration and seeking guidelines for future conduct of festivals - Court emphasized the importance of traditional rituals and community participation in temple festivals. (Paras 1 , 10 , 14 , 15 , 18 )
(B) Religious Freedom - Interference by State in temple administration violates constitutional rights - Court directed the State to ensure effective crowd management and coordination for upcoming festivals. (Paras 10 , 19 )
Facts of the case:
Writ petitions filed by devotees of Sree Vadakkumnathan Devaswom against police actions disrupting traditional rituals during Thrissur Pooram, seeking various writs for inquiries and guidelines.
Findings of Court:
The court directed the State to ensure proper crowd management and coordination for Thrissur Pooram 2025, emphasizing adherence to traditional practices.
Issues: The main issues included the legality of police interference in temple rituals and the need for guidelines for future festivals.
Ratio Decidendi: The court ruled that the State must respect religious freedoms and ensure that traditional practices are upheld during festivals, while also maintaining law and order.
Result: Writ petitions disposed of with directions to the State for future festival management.
JUDGMENT :
Anil K. Narendran, J.
1. The common issue raised in these writ petitions is regarding the conduct of Thrissur Pooram at Vadakkumnatha Kshethramaidanam of Sree Vadakkumnathan Devaswom, which is under the management of Cochin Devaswom Board. The writ petitions, i.e., W.P.(C)Nos.16440 of 2024, 16599 of 2024 and 16753 of 2024 are filed by the devotees of Lord Vadakumnathan of Sree Vadakkumnathan Devaswom. The reliefs sought for in W.P.(C)No.16440 of 2024 read thus:
“(i) To declare that interference of State Government and its machineries in the administration of Temple by use of Police force and thereby obstructing centuries old rituals, traditions and customs are violative of religious freedom guaranteed under the Constitution of India.
(ii) To issue writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 2 and 3 to frame appropriate guidelines, to govern the conduct of the police authorities during the religious festivals and temple ceremonies, giving due regard to the rituals and customs of the temple as well as the religious right of devotees to spectate/take part in the essential religious rituals, customs and practices followed at the temple.
(iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1,3 and 7 to conduct appropriate investigation and disciplinary action against Sri.Ankit Asokan IPS, for his wilful actions disrupting the rituals and traditions Associated with Trissur Pooram.
(iv) Issue a Writ of Mandamus or other appropriate writ, order or direction commanding the respondents 1,3 and 7 to take further action on Ext.P10 and Ext.P11 by prosecuting Sri.Ankit Asokan, IPS after registering a crime as sought for. (v) Direct the Principal District Judge, Thrissur to conduct an impartial enquiry into the conduct and actions of Mr.Ankit Asokan (District Police chief) during the days of Thrissur Pooram that had caused the disruption of traditional customs and rituals of the temples, especially as regards the Madathil Varavu ceremony.”
2. The reliefs sought for in W.P.(C)No.16753 of 2024 read thus:
“(i) Issue a writ of Mandamus or any other appropriate writ order or direction directing an enquiry to be made into the police interference and atrocities committed in connection with Thrissur pooram 2024 by the District Judge, Thrissur with a further direction to the respondents 1 and 2 to take stringent action based on the report against the erring police officials within a time limit to be fixed by this Hon’ble Court.
(ii) Issue a writ of Mandamus or any other appropriate writ order or direction directing the 2nd respondent to conduct a high level enquiry against the circumstances leading to the police interference in the conduct of Thrissur Pooram at its disruption/unholy end on account of the same and further direct the 2nd respondent to take stringent action including registration of Crime and departmental proceedings based on the report of enquiry within a time frame to be fixed by this Hon’ble Court.
(iii) Issue a writ of Mandamus or any other appropriate writ order or direction, directing the respondent Devaswoms to jointly formulate a comprehensive scheme/guideline for the proper and efficient conduct of Pooram in future within a time limit to be fixed by this Hon’ble Court.
(iv) Issue appropriate direction or order directing the supervision of the conduct of Pooram under the direct supervision of the District Judge, Thrissur or his designate in the interest of justice.”
3. The reliefs sought for in W.P.(C)No.16599 of 2024 read thus:
“(i) Issue a writ of mandamus or other appropriate writ, order or direction to conduct an inquiry pertaining to the issues occurred on the day of Thrissur Pooram from the part of the respondents 9 to 12 on 19.04.2024 and 20.04.2024.
(ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 3 to take departmental action by issuing appropriate orders against th
State interference in temple administration violates religious freedom; court mandates adherence to traditional practices during festivals.
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
Point of Law : There is a constitutional obligation to preserve the religious practices of all religions and there is also a corresponding duty to act in that direction.
The court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
The court ruled that the Travancore Devaswom Board cannot grant permissions for rituals that are not part of traditional practices, emphasizing the need for transparency and the necessity of full dis....
A writ of mandamus can only be issued when there is a clear statutory duty and legal right, which was not established by the petitioners in this case.
The Travancore Devaswom Board has a statutory duty to manage Devaswoms and must act on reports of misconduct, ensuring timely compliance with court directives.
Section 14 of Madras Hindu Religious and Charitable Endowments Act provides for Temple Advisory Committees and enjoins that composition of a Temple Advisory Committee shall be in such manner as may b....
The Travancore Devaswom Board has a statutory duty to ensure proper facilities for devotees and manage temple affairs effectively, akin to trusteeship.
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