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2025 Supreme(Online)(Ker) 55022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. RAJA VIJAYARAGHAVAN V, MR. K. V. JAYAKUMAR, JJ
HARIPRASAD K – Appellant
Versus
SREE KOLLAKAL POROOR MADOM DEVI (IDOL) – Respondent
WP(C) NO. 41831 OF 2025 | WP(C) NO. 44400 OF 2025



Advocates:
For the Appellants/Petitioners: Sri.B.Harish Kumar, Smt.Krishnapriya C.R
For the Respondents: Sri.G.Santhosh Kumar, SC TDB, Sri.T.S.Harikumar, For R5, Sri.S.Rajmohan, Sr GP

The court affirms the customary rights of specific families to conduct temple rituals, establishing the binding nature of a valid decree regarding the administration of such rites.

Headnote:(A) Customary Rights and Religious Practices - TCH & RI Act, 1950 - The disputes pertain to customary rites in Kollakal Poroor Madom Devi Temple between nine Nair families and NSS Karayogam regarding Ethirelppu Ulsavam and Koottom Kottu conduct. - Court recognizes the customary rights of nine families to conduct rituals using their old Jeevatha permitted for the 2025-26 festival. (Paras 1-2, 27-38)

(B) Validity of Compromise Decree - A valid decree from a competent authority is in force and binding unless set aside. The compromise decree allows the NSS Karayogam to perform certain rituals, which the court affirms despite contestations from the Temple Advisory Committee. (Paras 30-33)

Table of Content
1. disputes pertain to customary rights regarding religious practices at the temple. (Para 1 , 2 , 3)
2. nine families assert rights to conduct rituals based on historical significance. (Para 4 , 5 , 6 , 7 , 8 , 11)
3. court allows petitions to conduct rituals while outlining future governance. (Para 28 , 37)
4. compromise decrees are binding unless overturned. (Para 30 , 32)

COMMON JUDGMENT

K. V. Jayakumar, J.

These Writ Petitions are preferred with respect to various customary rites in Sree Kollakal Poroor Madom Bhagavathi Temple. The writ petitioner in W.P(C). No.41831/2025 is one Hariprasad K representing nine families. WP(C) No.44400/2025 is filed by Kadassery Munnilla NSS Karayogam No.1062.

2. These matters pertain to certain rituals concerning the annual festival of Kollakal Poroor Madom Devi Temple, Muthukulam. There are rival claims about the conduct of Ethirelppu Ulsavam, Koottom Kottu and Para Ezhunellippu of the said temple.

3. As common issues are involved, with the consent of both sides, both these writ petitioners are taken up and disposed of by a common judgment. W.P(C). No.41831/2025 is taken as the lead case, and parties and exhibits shall be referred to as stated in the said Writ Petition unless otherwise specifically stated.

4. The petitioner in WP(C)No.41831/2025, Hariprasad, stated that Kollakal Poroor Madom Devi Temple was consecrated by 8 Nair families and one Namboodiri family of Muthukulam about 400 years ago. Those families are Koyipurath, Kapakassery, Moolakkal, Kadasseril, Edasseril, Njavarakkal, Kaloor Nair Kudumbom, Kappolil Kudumbom and Purakkattu Illam.

5. It is stated that there exist two shrines in the compound; one is Kollakal Bhagavathi and the other is Poroor Madom Bhagavathi. The said temple is located in more than one acre of property.

6. It is further stated that the first seven Nair families have special customary rites over the Kollakal Bhagavathi shrine and the eighth Nair family and one Namboodiri family have special customary rites over the Poroor Madom Bhagavathi shrine. The petitioner, Hariprasad, states that he is one member among the eight Nair families and he represents the others also to protect the customary and religious rites, namely;

(a) Ethirelpu Ulsavom (commencing on 24th Vrishchikam every year)

(b) Koottom Kottu (in Kumbham every year)

7. It is submitted that the entire administration of the Temple was vested with the aforesaid nine families before the Temple was included in the list of incorporated Devaswoms under the 2nd respondent, Travancore Devaswom Board.

6. Subsequently, with the financial crisis, Kadassery Munnila NSS Karayogam No.1062 took over the management and administration of the temple from the families after resolving the right to conduct customary rites, including Para Ezhunnallippu in the Malayalam month of Makaram every year. Nine families have special customary rites and ceremonies in connection with the Ethirelpu Ulsavom consists of special pooja, Kalam Ezhuthum Pattum and Ezhunnallaath on Jeevatha (Bimbom on which the deity is fixed at the time of procession around the temple).

7. The petitioner further submits that for the first seven days commencing from 24th Vrishchikam, the seven Nair families would conduct festival in Kollakal Bhagavathi temple and in the next two days, by the 8th Nair family and Namboodiri family in Poroor Madom Bhagavati temple. The Jeevatha which was being used for Ethirelpu Ulsavam was made by nine families centuries back. It is further contended that about 70 years back, Jeevatha had been destroyed by fire and nine families substituted a new Jeevatha with Aranmula mirror and gold as decorative materials, with the year of manufacture inscribed in it. It is further stated that the said Jeevatha is being used since then for Ethirelpu Ulsavam and for other festivals of the temple. Ever since the handing over of the administration of the temple to the NSS Karayogam, Ethirelpu Ulsavam and Koottom Kottu has been conducted by n

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