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2023 Supreme(Online)(Ker) 57530
C.R.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945 WP(C) NO. 15433 OF 2022 PETITIONER:
RAVEENDRAN P.T AGED 59 YEARS S/O. THANKAPPAN, KARIMAKKAD, PALLIPPARAMBILHOUSE, PALANCHERRY MUGHAL, EDATHALA, POOKKATTUPADY, PIN - 683
561.
BY ADVS.
SHERRY J. THOMAS JOEMON ANTONY RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY HOME DEPARTMENT, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN -- 695 001.
2 THE DISTRICT PANCHAYAT COLLECTORATE, 1ST FLOOR, CIVIL STATION, EACHAMUKKU, KUNNUMPURAM P.O., KAKKANADU, ERNAKULAM - 582 030.
3 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, 1ST FLOOR, K.B. JACOB ROAD, FORTKOCHI, ERNAKULAM - 682 001.
4 THE SUPERINTENDENT OF POLICE (RURAL)
ALUVA, POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA, KERALA - 683 101. 5 THE STATION HOUSE OFFICER EDATHALA POLICE STATION, NALAM MILE, KULAKKAD, KERALA -
683 112.
6 THE EDATHALA GRAMA PANCHAYAT EDATHALA NORTH P.O. ALUVA, PUKKATTUPADY ROAD, EDATHALA, ALUVA- 683 563, REPRESENTED BY ITS SECRETARY
7 THE SECRETARY EDATHALA GRAMA PANCHAYAT, EDATHALA NORTH P.O, ALUVA -
PUKKATTUPADY ROAD, ALUVA - 683 563.
8 ANAND P, AGED 42 YEARS S/O. PADMAKUMAR, HOUSE NO. IX/657/G, MULLACKAI HOUSE, PALANCHERRY MUGHAL, EDATHALA P.O., POOKKATTUPADY, PIN -
683 561. BY ADVS.
SHRI.G.SANTHOSH KUMAR (P), SC, EDATHALA GRAMA PANCHAYATH R.KRISHNA RAJ E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A.
OTHER PRESENT:
GP RAJEEV JYOTHISH GEORGE ADV. G. SANTHOSH KUMAR FOR R6 & R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON 24.05.2023 DELIVERED THE FOLLOWING:
C.R.
The right to practice religion is subject to public order; authorities must prevent harmful religious practices that violate health and safety regulations.
Headnote:(A) Kerala Panchayat Raj Act - Section 219K - Prevention of Cruelty to Animals Act, 1960 - Kerala Animals and Birds Sacrifices Prohibition Act, 1968 - Writ petition against illegal slaughter and religious practices - Court held that the Panchayat and other authorities have a duty to address public nuisance caused by illegal activities despite claims of religious freedom. (Paras 11, 15, 17)
(B) Religious Practices - Distinction between essential part of religion and public order considerations - The right to practice religion is subject to public order, health, and the rights of others to decent living. (Paras 11, 12, 15)
(C) Illegal Construction - No construction of a religious place without prior approval from District Authorities; construction without permission violates public safety regulations. (Paras 11, 17)
Facts of the case:
The petitioner alleged that the 8th respondent was conducting illegal slaughter in a structure resembling a temple, causing significant public nuisance and health hazards. The illegal activities persisted despite several complaints and a lack of action from local authorities.
Findings of Court:
The court affirmed that the illegal practices must be stopped, holding the Panchayat and police responsible for failing to act against the public nuisance caused by the 8th respondent’s activities.
Issues: The key issues included the legality of the 8th respondent’s construction and rituals, the application of relevant statutes, and the responsibilities of local authorities in addressing public complaints.
Ratio Decidendi: The court concluded that religious practices cannot infringe on public order and health and emphasized that public authorities must enforce laws against illegal activities under the guise of religion, reinforcing that the right to religious practice does not include harmful practices.
Result: Writ petition allowed with directives for cessation of illegal activities.
JUDGMENT
Dated this the 24th day of May, 2023
Petitioner is a resident of Ward No.9 in Edathala Panchayat. He has filed the writ petition aggrieved by the inaction of the Panchayat, Police and Revenue authorities to stop the illegal slaughter of birds and animals in the guise of ritualistic sacrifice by the 8th respondent. The objectionable activities are carried out in a structure, resembling a temple, constructed by the 8th respondent on the second floor of his residential building. The reliefs sought in this writ petition are as follows;
i) Call for the records pertaining to the Ext P4, P7, P8 and P9 petitions and action taken thereon.
ii) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 6th Respondent Panchayat to initiate steps to remove the illegal structure wherein the temple is situated in building No. 9/657/G of Edathala Grama Panchayat.
iii) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 2nd and 3rd Respondents to initiate proceedings on Ext P8 in accordance with the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony 2005 and to close down the illegal temple in building No. 9/657/G of Edathala Grama Panchayat.
iv) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 4th and 5th Respondents to consider Ext P7 and P 10 and initiate action to prevent the illegal functioning of the temple in building No. 9/657/G of Edm Grama Panchayat.
v) Issue a writ or appropriate order declaring that the 8th Respondent cannot function any temple in building No. 9/657/G of Edathala Grama Panchayat without complying proceedings in connection with the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal harmony 2005.
vi) Provide cost of the proceedings.
2. Heard Adv. Sherry J. Thomas for the petitioner, Adv. G. Santhosh Kumar for the Panchayat, Adv. R. Krishna Raj for the 8th respondent and Government Pleader Adv.Rajeev Jyothish George for the State and its officials.
3. Learned counsel for the petitioner submitted that the 8th respondent has exhibited a board with the name 'Sree Bhramarambika Vishnumayaswami Devasthanam' and is canvassing devotees through notices and other modes of advertisement. The 8th respondent is conducting poojas and rituals in his building day-in and day-out, accompanied by the ringing of bells, blowing of the conch and the shrieks and cries of animals and birds. The blood of the slaughtered animals is flown to the road and carcasses strewn all over the place. Additionally vehicles of persons visiting the place for conducting poojas and rituals are parked indiscriminately. All these factors have made life impossible for the petitioner and the other residents of the area.
4. Ext. P1 series of photographs are referred to prove that the Devasthanam is functioning on the second floor of the 8th respondent's building. Ext.P2 notice contains the so-called history of the temple, the powers of the deities and details about the annual festival of 2022. Ext.P3 photograph shows the blood and remnants flown and strewn over the public road.
5. It is contended that places of worship accessible to public can be constructed only with the prior approval of the District Administration as mandated in Clause 23 of the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony, 2005 (the Manual of Guidelines). The construction is illegal also for the reason that it was done without obtaining the permission envisaged under the Kerala Panchayat Building Rules. Slaughtering of animals is prohibited under the Prevention of Cruelty to Animals Act, 1960 . Further, slaughtering, as part of ritualistic sacrifice, violates Section 3 of the Kerala Animals and Birds Sacrifices Prohibition Act, 1968 . It is alleged that, in spite of being fully aware of the violations and there being a possibility of law and order situation, the police is not taking
