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2025 Supreme(Ker) 2091

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
The Thiru Moozhikkulam Sreelakshmana Perumal Temple - Appellant 
Versus
The Assistant Devaswom Commissioner - Respondent
W.P. (C) No. 15745 of 2025
Decided On : 10-04-2025

Advocates:
Advocate Appeared:
For the Appellants : A. Muhammed Musthafa, M.P. Sreekrishnan, Thejalakshmi R.S.
For the Respondents: Nagaraj Narayanan, G. Biju

The Assistant Devaswom Commissioner’s directive regulating elephant parades during temple festivals is procedural and does not constitute grounds for judicial interference, reaffirming the statutory responsibilities of the board to uphold traditional practices.

Headnote:(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 15A, 31, and 31A - Writ petition for certiorari and mandamus regarding festival rituals - The petitioner seeks to parade seven elephants at a temple festival, historically part of tradition, amid concerns and procedural delays from the Devaswom Board - The court emphasizes the statutory duties of the Board to uphold traditional rites. (Paras 4, 5, 6, 7, 8, 9, 11, 12)

(B) Writ of Certiorari - The nature and grounds upon which a writ will be issued - The court clarified that the directive by the Assistant Devaswom Commissioner was merely an internal communication and did not warrant interference as there was no excess of jurisdiction. (Paras 13, 15)

Facts of the case:
The writ petition was filed by the Temple Advisory Committee of Thirumoozhikkulam Sree Lakshmana Perumal Temple against the decision of the Assistant Devaswom Commissioner to restrict the number of elephants to be paraded during the annual Valiyavilakku Festival, questioning the procedural adherence and the historical practice of including seven elephants. (Paras 1, 2, 3)

Findings of Court:
The court found that the Assistant Devaswom Commissioner had not acted illegally in his communication and that the customary practice of parading elephants necessitates proper managerial oversight by the Board. The court directed that the Devaswom Commissioner considers the petitioner's request regarding the number of elephants. (Paras 16)

Issues: Whether the historical tradition of parading seven elephants constitutes a customary practice and whether the Assistant Devaswom Commissioner’s directive warrants judicial intervention. (Paras 9, 16)

Ratio Decidendi: The court held that the Assistant Devaswom Commissioner acted within his jurisdiction, as his directive was procedural and merely an internal communication. The customary practice must be substantiated by evidence, and the Board has the statutory duty to ensure traditional rites are performed. (Paras 12, 14)

Result: Writ petition disposed of with a direction to the Devaswom Commissioner to consider the representation regarding festival proceedings. (Paras 16)

JUDGMENT :

Anil K. Narendran, J.

1. The petitioner, namely, the Temple Advisory Committee of Thirumoozhikkulam Sree Lakshmana Perumal Temple, which is a temple under the management of the 7th respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P8 communication dated 01.04.2025 issued by the 1st respondent Assistant Devaswom Commissioner, North Paravur to the 3rd respondent Sub Group Officer, Thirumoozhikkulam Group; and a writ of mandamus commanding respondents 1 to 3 not to interdict the petitioner from parading seven elephants on the 9th day Valiyavilakku Festival of Thirumoozhikkulam Sree Lakshmana Perumal Temple, in view of Exts.P4 to P7. The document marked as Ext.P1 is a copy of the notice published in connection with the annual festival of Thirumoozhikkulam Sree Lakshmana Perumal Temple for the year 1200ME (2025), which is scheduled to be held from 13.04.2025 to 22.04.2025. The Valiyavilakku Festival on the 9th day is scheduled to be held on 21.04.2025.

2. According to the petitioner, from time immemorial, elephants ranging from five to nine in number are paraded on the 9th day as part of the cultural tradition during the festival in Thirumoozhikkulam Sree Lakshmana Perumal Temple. For the last several years, the Travancore Devaswom Board provided one elephant for parading in connection with the festival up to the 7th day and three elephants on 8th, 9th and 10th days. Subsequently, instead of providing elephants, the Board used to allot Rs.10,000/- per day for parading elephants during the festival and the elephants are being arranged by the Temple Advisory Committee. Now, the allocation of funds by the Board for parading elephants is increased to Rs.1,15,000/-.

2.1. In the writ petition, it is averred that during the annual festival conducted in Medam, 1199ME (2024) also seven elephants were paraded on the 9th day in Thirumoozhikkulam Sree Lakshmana Perumal Temple and there was no interdiction by the Board for parading seven elephants on the 9th day. On publication of Ext.P1 festival notice, the petitioner received Ext.P2 representation from the residents in the locality, with a copy to the 1st respondent Assistant Devaswom Commissioner, Nort Paravur Group and the 2nd respondent Devaswom Commissioner, to have a relook with regard to the parading of elephants during the festival, in view of certain incidents happened during temple festivals in other parts of the State. In the meeting of the members of the Temple Advisory Committee convened on 02.03.2025, the concern pointed out in Ext.P2 representation was deliberated, and it was decided, as evidenced by P3 rely, to proceed with the festival of the year 1200ME (2025) as scheduled in Ext.P1 notice. In Ext.P3 reply, it is pointed out that the parading of elephants during the temple festival would be strictly in adherence to the provisions contained in the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.

2.2. The petitioner has obtained Ext.P4 consent letter dated 19.02.2025 issued from the office of the Assistant Forest Conservator, Social Forestry Division, Ernakulam. The petitioner has also arranged the service of veterinary doctors from the District Veterinary Centre, Ernakulam, as evidenced by Ext.P5 receipt dated 24.02.2025. The service of Elephant Squad with required medicines and equipment for tranquiliser shots has also been sought for, as evidenced by Ext.P6 request dated 20.03.2025 made before the 6th respondent Elephant Welfare Trust of India. The petitioner has also taken insurance coverage for an amount of Rs.1 Crore, as evidenced by Ext.P7 policy schedule for public liability (non-industrial risks) insurance issued by the New India Assurance Company Ltd., North Paravur Branch.

2.3. According to the petitioner, there is more than sufficient space for parading seven elephants inside and outside Thirumoozhikkulam Sree Lakshmana Perumal Temple. To

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