The judgment establishes the principle that any construction within temple premises must prioritize aesthetic integrity and the sanctity of the site over functional requirements.

JUDGMENT

K. V. Jayakumar, J.

The matter pertains to the approval for the award of contract for the construction of ‘Prathalpura’ in Vaikom Sree Mahadeva Temple.

2. The Travancore Devaswom Board has submitted a petition seeking the approval of estimate and award of contract for the work of Vaikom Devaswom – Vaikom Group for the construction of Prathalpura for an estimate of Rs.1,92,00,000/- (One Crore Ninety Two Lakh only) in favour of M/s. G. S. Engineering Works at 5.10% below the sanctioned estimate rate.

3. The said estimate was prepared based on the order of this Court dated 11.11.2015 and as per the order of the Travancore Devaswom Board dated 28.03.2023 (Annexure-1).

4. Vaikom Sree Mahadeva Temple is one of the oldest and most revered Shiva temples in Kerala. It is especially famous for its deep historical roots, unique worship traditions, and the Vaikom Satyagraha. The most important annual festival of the temple is ‘Vaikathashtami’, celebrated in the Malayalam month of Vrischikam. During the Ashtami festival, lakhs of devotees visit the temple.

5. It was noticed that there existed a pressing need for a dedicated Prathalpura for serving Prasada Oottu, commonly referred to as “Prathal”, to the devotees. During the Ashtami festival, pilgrims were required to wait for long hours in the open space within the Chuttambalam, without any form of shade or shelter. As a temporary measure, a makeshift structure costing approximately Rs.3.5 lakhs is erected every year during Vaikathashtami to protect devotees standing in queue from the scorching sun and seasonal rains. Considering the recurring nature of the expenditure and the continuing hardships faced by devotees, a proposal was placed to construct a permanent Prathalpura on the northern side of the temple.

6. The Chief Engineer has submitted a detailed estimate for the construction of the Prathalpura, placing the total projected cost at Rs.1,92,00,000/-. The Travancore Devaswom Board thereafter granted both administrative and technical sanctions for the proposed work, as evidenced by Annexures–II and IV respectively. Following the grant of sanction, the work was tendered after giving wide publicity through leading local dailies as well as on the official website of the Devaswom Board. M/s. G.S. Engineering Works emerged as the lowest bidder, having quoted 5.10% below the estimated rate. The Travancore Devaswom Board accordingly accepted the tender submitted by M/s. G.S. Engineering Works, and issued the sanction order vide order dated 12.09.2024 (Annexure–XI). Annexure–XII is the copy of the plan and elevation of the proposed work.

7. While so, the Thantri of the temple expressed the view that the proposed construction should not be undertaken within the temple premises, as it would adversely affect the Kshetra Chaithanyam (the spiritual sanctity of the shrine). The written opinions of the Thantri, Sri. Bhadrakali Mattappallimanakkal Narayanan Namboodiri, and of Sri. Madhavan Namboodiri have been produced with the writ petition as Annexure–XIII. It is further recorded in Annexure–XIII that an Ashtamangallya Prasnam was previously conducted in the temple by the renowned astrologer Sri. Parappanagadi Unnikrishnan Panicker, who had observed that no construction shall be carried out within the Chuttambalam of the Vaikom Sree Mahadeva Temple. On the basis of the said astrological observations, a prior proposal for the construction of the Prathalpura was dropped by the Board. Since that earlier proposal involved an amount below Rs.20 lakhs, no permission