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2026 Supreme(Online)(Ker) 61501
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V & THE HONOURABLE MR. JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 17TH DAY OF SEPTEMBER 2026 / 26TH BHADRA, 1948
WP(C) NO. 24250 OF 2026
PETITIONER:
DR. P S MAHENDRA KUMAR
AGED 39 YEARS
S/O PRASANNA KUMARI D ELAMBANA VILAKATHU VADAKKE VEEDU,
UCHAKKADA P.O., KULATHOOR VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695506
BY ADVS.
SRI.K.R.RAJKUMAR
SHRI.JAGADEESH LAKSHMAN
SRI.R.K.RAKESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY
HOME DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001
3 THE SECRETARY
REVENUE (DEVASWOM) DEPARTMENT, ROOM NO. 201A, 2ND FLOOR, ANNEXE-I, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, DEVASWOM HEADQUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003
5 THE COCHIN DEVASWOM BOARD
REPRESENTED BY THE SECRETARY, COCHIN DEVASWOM BOARD HEAD OFFICE, SWARAJ ROUND NORTH, THRISSUR, PIN - 680001
6 THE STATE POLICE CHIEF
KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010
BY ADVS
SRI. K.R SUNIL, SPL.GP (DEVASWOM),
SRI. G. BIJU, SC, TDB;
SRI. K.P. SUDHEER, SC, CDB
Sd/- RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/- K.V. JAYAKUMAR,
APM JUDGE
APPENDIX OF WP(C) NO. 24250 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CIRCULAR ISSUED ON BEHALF OF THE STATE POLICE CHIEF NO. C4-95033/2023/PHQ DATED 01-07-2026 ISSUED BY THE POLICE HEADQUARTERS, THIRUVANANTHAPURAM
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION PLACED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 02-07-2026
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 17.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Raja Vijayaraghavan V, J.
This Writ Petition is filed challenging Ext.P1 Circular issued by the 6th respondent, prohibiting police participation in temple ceremonies, as being arbitrary, unconstitutional and violative of Articles 14, 25 and 29 of the Constitution of India.
A counter affidavit has been filed on behalf of the 6th respondent.
When the matter is taken up for consideration, Sri. K.R. Rajkumar, the learned counsel appearing for the petitioner, submitted that, in view of the stand taken by the 6th respondent in paragraph No.4 of the counter affidavit, the Writ Petition can be closed after recording the same.
The learned Special Government Pleader points out that the reasons which persuaded the State to issue Ext.P1 Circular are stated in paragraph No.9 of the counter affidavit.
Paragraph No.4 of the counter affidavit reads as under:
"4. It is submitted that the direction does not prohibit the practice of any religion, interfere with the administration of any temple or other religious institution, or curtail the religious rights guaranteed to any devotee or religious denomination under the Constitution. Police personnel shall continue to discharge all statutory duties in connection with festivals and religious events, including maintenance of law and order, crowd management, traffic regulation, security arrangements, escort duties and all other policing functions entrusted to them and also those functions and duties which police has been traditionally doing. The restriction is confined only to participation in religious rituals or ceremonies while wearing the official police uniform, except where such participation forms part of an official duty."
Paragraph No.9 reads as under:
"9. The impugned instruction has thus been issued in public interest and in the interest of maintaining discipline, uniformity, neutrality and the professional image of the police administration. The challenge against the said instruction is therefore devoid of any legal or factual merit."
In view of the submissions made by the learned counsel appearing for the petitioner, and having regard to the stand taken by the 6th respondent as extracted above, the Writ Petition is closed by recording paragraphs 4 and 9 of the counter affidavit.
