Permissibility of constructions for devotees on temple grounds in light of earlier prohibitions.

Raja Vijayaraghavan V, J.

W.P.(C) No. 41614 of 2025 has been instituted by a devotee of the Ettumanoor Mahadeva Temple. The core grievance projected in the writ petition is that the respondents have undertaken large-scale, unauthorized constructions on the western side of the Kalyanamandapam—both towards the northern and southern flanks—without securing the requisite permits and licenses from the competent local authorities. According to the petitioner, these constructions are sought to be justified on the premise that they are intended for the beneficial use of Ayyappa devotees during the Mandalam season.

2. The petitioner relies on Ext. P1 photographs to substantiate the allegation and points out that this Court, by judgment dated 27.03.2015, produced as Ext. P8, had categorically interdicted any activity in the area between the Kalyanamandapam and the Aalthara, i.e., within a radius of 10 meters from the Kalyanamandapam. This Court had further directed the respondents to ensure that the said zone be clearly demarcated by installing a steel chain or a temporary fence during the festival season, without causing any obstruction to the movement of elephants.

3. The petitioner asserts that the present attempt of the respondents is to erect a "viripandhal" for Ayyappa devotees during the Mandala-Makaravilakku season, even though a large auditorium has already been constructed on the southern side of the temple for the very same purpose. It is contended that the new construction is wholly unnecessary. The petitioner further refers to the Ashtamangallya Devaprasanam conducted on 17.04.2002 by eminent astrologers, wherein clause No. 68 of the "Prasnacharth" stipulates that no activities other than Namajapam and Bhajan shall be permitted in the said area. The astrologers had also opined that no form of worship shall be conducted in that zone by placing photographs. The petitioner finally asserts that the respondents are attempting to proceed with construction without obtaining any building permit from the local authority, even though the estimated cost of the project is approximately Rs. 19 lakhs. It is contended that any such construction, undertaken without securing the statutory permissions and in clear violation of the Kerala Municipality Building Rules, is per se illegal.

4. W.P.(C) No. 42437 of 2025 has been preferred by another devotee of the Ettumanoor Sree Mahadeva Temple. According to him, a new Temple Advisory Committee assumed charge on 28.04.2025. He states that during the Mandala–Makaravilakku season, vast crowds of Ayyappa devotees congregate at the temple, necessitating the erection of temporary sheds at heavy cost, which are dismantled once the season concludes. It was in this backdrop, and at the request of the devotees, that the Committee decided to construct a permanent pilgrim shelter and an information centre. The 4th respondent is said to have accorded sanction for the construction. However, certain members of the previous committee have raised objections to the ongoing work. The petitioner further highlights that several advertisement boards have been installed within the temple premises and remain uncleared. He also alleges that a parallel committee, that of the 7th respondent, continues to function in the temple in violation of statutory norms. On these assertions, the writ petition seeks a direction that no committee other than the 6th respondent, the duly constituted Temple Advisory Committee, be permitted to function, and that respondents 1 to 5 be directed to complete the construction sanctioned und