Temple boards may regulate entry to sacred areas like Sopanam for safety and crowd management, even for special pooja ticket holders; not an essential religious practice.

JUDGMENT :

K. V. Jayakumar, J.

This writ petition is filed under Article 226 of the Constitution of India, claiming the following reliefs:

“(i) declare that the devotees and other officials as mentioned in Ext. P1 order of the Hon’ble Supreme Court be permitted to enter and have darshan of the principal deity at Sabarimala Sree Dharma Sastha Temple from the Sopanam in front of the Srikovil.

(ii) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the respondents 2 to 4 to permit devotees with special pooja tickets to offer pooja and have darshan for the principal deity at Sabarimala Sree Dharma Sastha Temple from the Sopanam in front of the Srikovil.”

2. The petitioner, Sri. Padmakumar P., states that he is an ardent devotee of Lord Ayyappa and that he undertakes the pilgrimage to Sabarimala Sree Dharma Sastha Temple with utmost piety and devotion. He contends that, earlier, ticket holders for special poojas were permitted to have darshan of Lord Ayyappa from the Sopanam, in front of the Sreekovil. However, the said practice of permitting devotees who had taken tickets for special poojas to have darshan while standing in front of the Sopanam was discontinued during the COVID-19 pandemic in the year 2020. He further contends that the denial of entry into the Sopanam for special pooja ticket holders amounts to a violation of Article 25 of the Constitution of India, as well as the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (for the sake of brevity, “TCHRI Act”). According to him, the Board is duty-bound to safeguard and preserve the performance of traditional rites and ceremonies of the temple.

3. The 2nd respondent, Travancore Devaswom Board, in its counter affidavit, has refuted the allegations and averments raised in the Writ Petition. It is stated therein that, earlier, when the number of devotees performing such special poojas was limited, and when the overall pilgrim footfall was comparatively low, special pooja ticket holders were permitted to stand in front of the Sopanam for a more convenient darshan. It is specifically contended that such a practice does not constitute a customary or essential religious practice. It is further stated that, at present, the number of devotees offering such special poojas has increased considerably and, therefore, permitting entry to all such ticket holders would result in serious obstruction and overcrowding within the Sopanam enclosure. It is further stated that the Thanthri, Melsanthi, Sannidhanam Santhis, and other assisting personnel are required to move frequently in and out of the Sreekovil and the Sopanam for the due performance of temple rituals, and that the presence of a congregation of vazhipadu ticket holders within such a restricted area would obstruct their free movement. It is also contended in the counter affidavit that the presence of devotees in the immediate vicinity of the conveyor belt poses a risk of accidents, mishaps, theft, and altercations. Therefore, for reasons of safety, security, and effective administration, devotees are strictly prohibited from approaching the conveyor belt area. Such presence would also adversely affect the functioning of essential employees of the Board and other personnel stationed near the Sopanam and Sreekovil in the discharge of their managerial and ritual duties.

4. Sri. Govind G. Nair, the learned counsel for the petitioner, submitted that the denial of entry into the Sopanam to devotees