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 disclosure in legal submissions.

JUDGMENT :

ANIL K. NARENDRAN, J.

The issue involved in DBP No.9 of 2025 and W.P.(C)No.9072 of 2025 centres around the offering of Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple for the year 1200ME (2025). The dispute is between the petitioner in the writ petition, namely, Kunjachaman Samithi, Sakthikulangara, and the 4^th respondent, namely, Kara Devaswom Committee of Sree Sakthikulangara Dharma Sastha Temple, Kollam.

2. DBP No.9 of 2025 has been registered based on Report No.3 of 2025 of the learned Ombudsman in Complaint No.55 of 2024 made by the Secretary of Kunjachaman Samithi, Sakthikulangara, claiming the privilege of offering Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple. During the pendency of the said DBP, Kunjachaman Samithi, Sakthikulangara, filed W.P.(C)No.9072 of 2025, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash order No.ROC 9077/SAB dated 03.12.2024 of the Travancore Devaswom Board, granting the privilege of offering Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple for the year 1200ME (2025) to the 4^th respondent Kara Devaswom Committee of Sree Sakthikulangara Dharma Sastha Temple, Kollam. The said order is marked as Annexure O2 in Report No.3 of 2025 of the learned Ombudsman in Complaint No.55 of 2024. The petitioner has also sought for a writ of mandamus commanding the Travancore Devaswom Board to consider its application for offering Kodikkoora and Kodikkayar in connection with the annual festival for the year 1200ME (2025), in a fair and transparent manner, strictly following the procedure prescribed in Ext.P2 communication dated 03.02.2022 issued by the Secretary of the Travancore Devaswom Board addressed to the Devaswom Commissioner; and a writ of mandamus commanding the Travancore Devaswom Board to allow the petitioner to perform the religious and traditional duty of dedicating Kodikkoora and Kodikkayar for the year 1200ME (2025), in accordance with the long-established custom.

3. In DBP No.9 of 2025, the learned Standing Counsel for Travancore Devaswom Board has filed an affidavit dated 06.03.2025 on behalf of the 1^st respondent Board, wherein it is stated that Kunjachaman Samithi does not have any vested right to claim the right to offer Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple continuously. The Devaswom Commissioner will identify the person for this purpose next year onwards, and the selection shall be made accordingly.

4. In W.P.(C)No.9072 of 2025, the 4^th respondent Kara Devaswom Committee of Sree Sakthikulangara Dharma Sastha Temple, filed a counter affidavit dated 28.03.2025, opposing the reliefs sought for, producing therewith Exts.R4(a) to R4(j)documents.

5. On 28.03.2025, when this DBP and writ petition came up for consideration, this Court passed a detailed order. Paragraphs10 to 16 of the said order read thus;

“10. Having considered the preliminary submissions made at the Bar, in the light of the pleadings and materials on record and the statutory provisions contained in Sections 15A and 31 of the Act, we arrive at a prima facie conclusion that, when the procession in connection with Kodikkoora and Kodikkayar Samarpanam is not part of any traditional rites or customary practice in Sabarimala Sree Dharma Sastha Temple, the Travancore Devaswom Board ought not to ha