Remanded

Thuravoor Mahakshethra Bhakthajana Samity v. the Travancore Devaswom Board

Kerala HC27 Jan 2016WP(C)/33129/2015

Case brief

AI extract

What is this about?

High Court directed authorities to consider closing or shifting a foreign liquor shop near a temple. The Court also banned mobile phones in the temple pending regulatory orders from the Devaswom Board and directed various officials to ensure crowd management, traffic control, and sanitation. The petitioner's role to advise devotees was affirmed.

What did the court decide?

Directions were issued to consider closing or shifting the liquor shop; mobile phones banned in temple; crowd, traffic, waste, and sanitation managed by authorities.

Thuravoor Mahakshethra Bhakthajana Samity Vs… — Public Procurement and Tenders | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937

¶5

WP(C).No. 33129 of 2015 (M)

¶6

PETITIONER(S)/PETITIONER:

¶7

THURAVOOR MAHAKSHETHRA BHAKTHAJANA SAMITY, REP BY ITS SECRETARY, THURAVOOR P.O, ALAPPUZHA DISTRICT.

¶8

BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV

¶9

RESPONDENT(S)/RESPONDENTS:

¶10

1. THE TRAVANCORE DEVASWOM BOARD, REP BY ITS SECRETARY, THIRUVANANTHAPURAM 695 001.

¶11

2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM 695 001.

¶12

3. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT 688 001.

¶13

4. THE DISTRICT POLICE CHIEF, ALAPPUZHA DISRICT 688 001.

¶14

5. THE CIRCLE INSPECTOR OF POLICE, KUTIYATHODU, ALAPPUZHA 688 533.

¶15

6. THE SECRETARY,

¶16

THURAVOOR GRAMA PANCHAYATH,

¶17

ALAPPUZHA DISTRICT 688 532.

¶18

7. THE SECRETARY, KUTHIYATHOD GRAMA PANCHAYATH, ALAPPUZHA DISTRICT 688 533.

¶19

8. THE CHIEF MEDICAL OFFICER, TALUK HOSPITAL, THURAVOOR, ALAPPUZHA DISTRICT 688 532.

¶20

9. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, ALAPPUZHA 688 001.

¶21

10. THE EXECUTIVFE ENGINEER, PWD (ROADS DIVISION)ALAPPUZHA 688 001.

¶22

11. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM 695 001.

¶23

12. THE KERALA STATE BEVERAGES CORPORATION, REP BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM 695 001.

¶24

R12 BY ADV. SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORPORATION R1,R2 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD

¶25

R3 TO R10 BY SRI.SOJAN JAMES, GOVERNMENT PLEADER

¶26

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

¶28

WP(C).No. 33129 of 2015 (M)

¶29

APPENDIX

¶30

PETITIONER(S)' EXHIBITS:

¶31

P1: A TRUE COPY OF THE NO OBJECTION CERTIFICATE DTD 5/1/1993 ISSUED BY THE IST RESPONDENT.

¶32

P2: A TRUE COPY OF THE ORDER ROC NO 178/15/NS.1 DTD 24/3/2015 ISSUED BY THE 2ND RESPONDENT.

¶33

P3: A TRUE COPY OF THE NOTICE PERTAINING TO THE THIRUVULSAVAM PUBLISHED BY THE PETITIONER.

¶34

P4: A TRUE COPY OF THE JUDGMENT DTD 8/11/2012 IN WPC NO 26125 OF 2012.

¶35

P5: A TRUE COPY OF THE JUDGMENT IN WPC NO 26639/2013 DTD 1/11/2013.

¶36

P6: A TRUE COPY OF THE JUDGMENT IN WPC NO 25828 OF 2013 DTD 331/10/2013.

¶37

P7: A TRUE COPY OF THE INTERIM ORDER DTD 17/10/2014 IN WPC NO 27242 OF 2014.

¶38

P8: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD 15/9/2015.

¶39

P9: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 11TH RESPONDENT DTD 15/9/2015.

¶40

P10: A TRUE COPY OF THE COMPLAINT SUBMIITED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD 21/10/2015.

¶41

RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.A TO JUDGE

THOTTATHIL B.RADHAKRISHNAN &

¶46

ANU SIVARAMAN, JJ.

¶47

W.P.(C).No.33129 of 2015

¶48

Dated this the 27^th day of January, 2016

¶49

J U D G M E N T

¶50

Thottathil B.Radhakrishnan, J.

¶51

1.Heard the learned counsel for the petitioner, Thuravoor Mahakshethra Bhakthajana Samithy, which is the Temple Advisory Committee approved for the purpose of that temple. We have also heard the learned standing counsel for the Travancore Devaswom Board, learned standing counsel for the Beverages Corporation and the learned Government Pleader.

¶52

2.There is a foreign liquor retail outlet of Beverages Corporation with such proximity to the Thuravoor Mahakshethram that every year it becomes a moot issue as to whether that foreign liquor outlet has to be closed down in connection with the festivals of the temple. From year to year, orders are issued and ultimately, it has become necessary that the competent

¶53

¶54

WPC.No.33129/15

¶55

among the respondents will consider the issue as to whether the FL-I 4002 foreign liquor shop, which is within 200 meters of the temple, is to be closed down permanently or even shifted in such a way that it is permitted to function away from the temple and without in any manner affecting the affairs of the temple and the worshipers. Accordingly, we issue a direction that respondents 3, 11 and 12 will consider this issue and pass appropriate orders in this regard. We also record the submission of the learned Government Pleader that this could also be subjected to a decision making at the hands of the Government as part of the phased closing down of the IMFL outlets. We direct that such decision in this regard shall be taken within a period of six months from now.

¶56

3.Having regard to the importance of the festival in the temple and following what has been happening during the previous years for the crowd management, respondents 4 and 5 will ensure from time to time that sufficient police force is deployed during the festival days to ensure proper crowd management and other matters in connection with the prevention of crimes in relation to the temple and its precincts.

¶57

¶58

WPC.No.33129/15

¶59

Disruption of activities and other anti-social activities intrusions will also be strictly interfered with. This order shall be complied for the years to come unless otherwise ordered.

¶60

4.Use of mobile phones inside the temples has repeatedly shown to be affecting the sanctity and pristine environment of different temples. It also affects the ritualistic practices. Photography, unless otherwise allowed by the officer in charge of each temple would also adversely affect the working of the temple and its ritualistic system. The indiscriminate use of mobile phones including with cameras led to such problems which had gained attention of this Court in relation to other temples. Therefore, an order was issued in DBP No.63 of 2015 requiring the Cochin Devaswom Board to regulate such matters. Following that, Cochin Devaswom Board had issued certain directions. We are of the view that use of mobile phones will not be conducive for matters in connection with the temples under the Travancore Devaswom Board as well particularly in the Thuravoor Mahakshethram. We, therefore, direct the Travancore Devaswom Board to consider this aspect and issue such regulatory orders as may be necessary to

¶61

¶62

WPC.No.33129/15

¶63

manage this issue. Such orders shall be issued within a period of three months from the date of receipt of a copy of this judgment. Awaiting that, it is ordered that subject to such decision that the Travancore Devaswom Board may order, use of mobile phones in the Thuravoor Mahakshethram shall stand banned hereby. The 2^nd respondent Devaswom Commissioner and the Sub Group Officer having control over the Thuravoor Mahakshethram will ensure that it is strictly enforced pending decision of the Travancore Devaswom Board in this regard. We leave open it to the Travancore Devaswom Board to consider whether the alternative of providing mobile jammer could be utilized instead of imposing a ban on carrying the mobile phones.

¶64

5.Relief No.iv is for a direction to respondents 1 and 2 to take necessary steps to ensure that devotees visiting the temple follow the disciple and customs of the temple. The 1^st respondent is the Travancore Devaswom Board and the 2^nd respondent is the Devaswom Board Commissioner. The petitioner is none other than the Temple Advisory Committee of Thuravoor Mahakshethram which is the Thuravoor

¶65

¶66

WPC.No.33129/15

¶67

Mahakshethra Bhakthajanasamithy. The deity may not require advice of any samithy. The temple as an institution may also not require any advice as such. Who have to be advised are the worshipers and people who come to the temple apart from some advisory involvement in the affairs of the temple on the basis of the needs of the worshipers. Therefore, the primary focal attention of the petitioner's activities ought to be to advise the people who visit the temple as pilgrims and use the facilities of the temple. This can be achieved primarily by persuasive efforts rather than any procedural discipline. The petitioner will, therefore, do the needful to carve out such measures utilizing the people who associate with Temple Advisory Committee to improve the quality of the crowd through appropriate advice and requests in relation to such affairs. Be that as it may, the Devaswom Commissioner and the Sub Group Officer shall issue such directions as may be necessary to ensure that discipline and customs in relation to the temple are not violated by the persons visiting the temple since there is a minimum requirement, adherence to which has to be ensured for entry and participation in the temple precincts. It is so ordered.

¶68

¶69

WPC.No.33129/15

¶70

6.Unlicensed and illegal shops and traders in the immediate vicinity of the temple leading to dumping of waste inside and outside the temple premises will also result in destroying the parking space available within the properties belonging to and under the control of the temple. It would also adversely affect the movement of traffic and the road on the eastern side as also on the northern side of the temple.

¶71

7.Under the aforesaid circumstances, respondent Nos.3 to 8 are directed to ensure that unlicensed and illegal shops and traders in the immediate vicinity of the temple are prohibited from carrying out such activities. Any action taken in this regard shall be in strict conformity with the relevant laws. Dumping of waste has also to be prevented using lawful means. Respondent Nos.4, 5, 9 and 10 are directed to ensure that appropriate parking space adjacent to the National Highway on the eastern side of the temple is identified to extrude indiscriminate parking outside the temple premises. The 8^th respondent, Chief Medical Officer of the Taluk Hospital, Thuravoor will issue necessary instructions as may

¶72

¶73

WPC.No.33129/15

¶74

be called for to provide appropriate sanitation facilities in

¶75

accordance with laws governing public health management.

¶76

8.The aforesaid directions are issued for strict compliance in

¶77

accordance with law, unless otherwise ordered.

¶78

Writ petition ordered accordingly.

¶79

Sd/-

¶80

(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

¶81

Sd/- (ANU SIVARAMAN, JUDGE)

¶82

//TRUE COPY//

¶83

P.A TO JUDGE

¶84

Thuravoor Mahakshethra Bhakthajana Samity v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Thuravoor Mahakshethra Bhakthajana Samity v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P. Sujanapal Vs State of Kerala

Sacred Heart Hospital Vs State of Kerala

Fathima Umma Vs Avra Haji

The Malabar Devaswom Staff Union Vs State of Kerala

Girish Babu Vs M/S.Lulu Convention and Exhibition Centre Private Ltd.

M/S.Lakshmi Civil Engineering Services Pvt.Ltd Vs Sri.Ajith Patel