Temple premises are protected from non-religious activities that disrupt worship; devotees have the legal right to challenge violations of temple sanctity.

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Lokanarkavu Temple, which is a controlled institution under the 1^st respondent Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 auction notice dated nil issued by the 5^th respondent Villiappally Grama Panchayat, regarding an auction which was scheduled to be held on 27.02.2025 at 11.00 a.m., in the office of the Grama Panchayat, for auctioning the right to run ‘Vazhiyora Visrama Kendram’ (comfort station) in the premises of Lokanarkavu Temple, for the period from 01.04.2025 till 31.03.2026. The petitioner has also sought for a declaration that the conduct of Government functions/programs inside the premises of Lokanarkavu Temple, by the 5^th respondent Villiappally Grama Panchayat obstructing peaceful worship by the devotees is highly illegal and violative of the freedom of religion guaranteed under the Constitution of India; a writ of mandamus commanding respondents 1 to 4 to remove all flex boards exhibited by the 5^th respondent Villiappally Grama Panchayat declaring Lokanarkavu Temple as a tourist place; a writ of mandamus commanding respondents 1 to 4 to ensure that the 5^th respondent Villiappally Grama Panchayat is prohibited from conducting public auction of any building or space inside Lokanarkavu Temple, which is under the management of respondents 1 to 4; a writ of mandamus commanding the 5^th respondent Villiappally Grama Panchayat to refrain from conducting public meetings/functions at ‘Chembai Sangeetha Mandapam’ or in other buildings in the property of Lokanarkavu Temple; and a writ of mandamus commanding the 2^nd respondent Commissioner, Malabar Devaswom Board to take appropriate action against the 5^th respondent Villiappally Grama Panchayat or any other entities infringing upon the religious freedom/custom by considering and passing appropriate orders on Ext.P1 representation dated 06.02.2025 and Ext.P5 representation dated 27.02.2025 made by the petitioner.

2. The document marked as Ext.P6 is a photograph of a public meeting conducted at ‘Chembai Sangeetha Mandapam’, inside the premises of Lokanarkavu Temple, by the 5^th respondent Villiappally Grama Panchayat in connection with ‘Haritha Kerala Mission - Lokanarkavu Haritha Tourism’. The said photograph is extracted hereunder;

3. The document marked as Ext.P7 is two photographs of the flex boards/hoardings exhibited in the premises of Lokanarkavu Temple by the 5^th respondent Villiappally Grama Panchayat. In the flex boards/hoardings seen in the said photographs, it is written as follows; ‘Villiappally Grama Panchayat - Lokanarkavu Haritha Vinoda Sancharakendram’, i.e., Lokanarkavu eco-tourism centre. Ext.P7 photographs produced by the petitioner, along with the writ petition, are extracted hereunder;

4. On 04.03.2025, when this writ petition came up for admission, it was admitted on file. The learned Standing Counsel for Malabar Devaswom Board took notice for respondents 1 and 2 and the learned Standing Counsel for Villiapally Grama Panchayat for the 5^th respondent. Notice by special messenger was ordered to respondents 3 and 4, returnable by 11.03.2025. By the order dated 04.03.2025, having considered the pleadings and materials on record and also the submiss