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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Padmakumar. P – Appellant
Versus
State Of Kerala, Represented By Its Secretary To Devaswom (Revenue) – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of discontinued sopanam darshan practice post-covid. (Para 2 , 3) |
| 2. counsel arguments on essential practice vs. feasibility concerns. (Para 4 , 5 , 6) |
| 3. analysis of supreme court order's limited permissions. (Para 7 , 8 , 9) |
| 4. board's statutory duties do not mandate sopanam access. (Para 10 , 11 , 12) |
| 5. regulated entry to sacred temple areas permissible. (Para 13 , 14 , 15) |
| 6. restrictions justified for safety and crowd control. (Para 16 , 17) |
JUDGMENT :
K. V. Jayakumar, J.
This writ petition is filed under Article 226 of the Constitution of India, claiming the following reliefs:
“(i) declare that the devotees and other officials as mentioned in Ext. P1 order of the Hon’ble Supreme Court be permitted to enter and have darshan of the principal deity at Sabarimala Sree Dharma Sastha Temple from the Sopanam in front of the Srikovil.
(ii) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the respondents 2 to 4 to permit devotees with special pooja tickets to offer pooja and have darshan for the principal deity at Sabarimala Sree Dharma Sastha Temple from the Sopanam in front of the Srikovil.”
2. The petition
Temple boards may regulate entry to sacred areas like Sopanam for safety and crowd management, even for special pooja ticket holders; not an essential religious practice.
‘Worshipper’ is a person who shows reverence and adoration for a deity - Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple.
Point of Law : No pilgrim can be permitted entry to Sabarimala Sannidhanam, through Pathinettampadi or to have darshan in front of the Sopanam of Sabarimala Sannidhanam, carrying posters and huge pho....
The entry of non-Hindus into Hindu temples can be permitted if sanctioned by temple authorities, emphasizing the role of customs and the authority of the Thanthri while upholding the statutory provis....
Travancore Devaswom Board is duty bound to see that regular traditional rites and ceremonies according to practice prevalent in Sabarimala are performed promptly and to make proper arrangements for c....
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
Exclusion of other castes from the position of Melsanthi based on heritage does not violate constitutional rights, as it respects longstanding religious practices and customs integral to the temple's....
Caste-based restrictions in the appointment of priests violate constitutional rights to equality and must align with qualifications, not caste.
Section 62 of Act deals with vesting of administration in Board.
Point of law: As per sub-rule (1) of Rule 4 of State Emblem of India (Regulation of Use) Rules, 2007, a State Government may adopt emblem as official Emblem of State or the union territory, as case m....
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