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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR
N.Prakash – Appellant
Versus
Travancore Devaswom Board, Represented By Its Secretary – Respondent
| Table of Content |
|---|
| 1. claim regarding misuse of temple premises for political activities. (Para 2 , 3 , 4 , 5 , 6) |
| 2. duty of devaswom board to maintain traditional rites. (Para 7) |
| 3. grievance regarding political activities in temples. (Para 8 , 9) |
| 4. court's analysis and reiteration of the prohibition of political activities. (Para 10 , 11 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
K. V. Jayakumar, J.
The above captioned Writ Petition is filed by Sri. N. Prakash, claiming the following reliefs.
i. Declare that Religious Institutions (Prevention of Misuse) Act, 1988 applies to every religious institution as defined under Section 2(f) of the Act, coming within the limits of respondents 1 to 3, notwithstanding the fact that the religious institution is not under the management of a particular Devaswom Board.
ii. Issue a writ of mandamus or any other appropriate writs, directions or orders directing respondents 1 to 3 to ensure that the premises of religious institutions coming within their limits are not used for the promotion, endorsement or facilitation of any political party or for political activities.
iii. Issue a writ of mandamus or any other appropriate writs, directions or orders directing re
The Religious Institutions (Prevention of Misuse) Act, 1988 prohibits the use of religious institutions for political activities to preserve their sanctity.
Temples under the management of the Travancore Devaswom Board must remain apolitical, following the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, which prohibits politica....
Political activities are incompatible with the sanctity of temple worship and ceremonies, and the Travancore Devaswom Board must ensure compliance with this principle.
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
The Travancore Devaswom Board has a statutory duty to ensure proper facilities for devotees and manage temple affairs effectively, akin to trusteeship.
Only the Temple Advisory Committee constituted under Section 31A of the Act can conduct activities and collect funds in the temple; unauthorized committees are prohibited from interfering.
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 an....
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.
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
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 ....
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