Dismissed

Vishnu P.C. v. Guruvayur Devaswom Administrator

Kerala HC3 Dec 2020WP(C)/25950/2020

Case brief

AI extract

What is this about?

Petition seeking writ directing inclusion as eligible percussionist inside Guruvayur temple Nalambalam regardless of caste dismissed. Court noted lack of formal application for post or auditorium permission held petitioner had no right or corresponding duty for authorities.

What did the court decide?

Writ petition dismissed; no order of inclusion or performance rights granted inside Nalambalam.

Vishnu P.C. Vs Guruvayur Devaswom Administrator — Service and Employment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE K.HARIPAL

¶6

THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942

¶7

WP(C).No.25950 OF 2020(P)

¶8

PETITIONER:

¶9

VISHNU P.C. PUNNA HOUSE THIRUVENKIDOM GURUVAYUR PIN – 680 101

¶10

BY ADV. SHRI.ANOOP V.R.

¶11

RESPONDENTS:

¶12

1. GURUVAYUR DEVASWOM ADMINISTRATOR ADMINISTRATOR GURUVAYUR DEVASWOM GURUVAYUR – 680 101

¶13

2. STATE OF KERALA REPRESENTED BY THE PRINCIPLE SECRETARY, REVENUE DEVASWOM, ROOM NO. 394 1ST FLOOR, MAIN BLOCK, SECRETARIAT THIRUVANANTHAPURAM – 695 001

¶14

R1 BY ADV. SHRI.T.K.VIPINDAS, SC, GURUVAYUR DEVASWOM BOARD

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No.25950 OF 2020(P) 2

¶17

JUDGMENT

¶18

Ravikumar, J.

¶19

The petitioner, who is a percussionist (chenda and panchavadyam) filed this writ petition seeking the following

¶20

prayers:-

¶21

i) to issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to take action to include the petitioner as eligible to perform the percussion in the premise of the temple before the deity.

¶22

ii) to issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to take action to include all those who are eligible to perform art forms in the temple irrespective of caste.

¶23

The contention of the petitioner is that he has been

¶24

learning percussion from the age of ten and he is a devotee of Lord Guruvayurappa. His wish is to perform percussion before

¶25

the deity inside the temple premises, virtually inside the Nalambalam. It is submitted that he has applied for such

¶26

WP(C).No.25950 OF 2020(P) 3

¶27

permission through Ext.P2 before the Chairman of Guruvayur Devaswom and his grievance raised therein is that he is not being considered for appointment in the post of the Percussionist (chenda and panchavadyam) and further that he is not being permitted to perform the same inside the Nalambalam. It is in the said circumstances, that alleging discrimination on the basis of cast and religion, he filed the captioned writ petition seeking the aforesaid reliefs.

¶28

We have heard the learned counsel for the petitioner

¶29

as also the learned Standing Counsel appearing for the Guruvayur Devaswom.

¶30

Conspicuously, there is no case for the petitioner that he had applied for appointment for the aforesaid post in response to any notification inviting applications therefor and his application has been wrongly rejected. When that be so, there is no basis or justification for the petitioner to contend that he has been discriminated in the matter of appointment. As regards his contention that he has not been permitted to perform the percussion inside the premises, virtually inside the Nalambalam, the indisputable position is that persons appointed by the

¶31

WP(C).No.25950 OF 2020(P) 4

¶32

Devaswom after a regular selection process alone would be permitted to perform the percussion inside the temple that too, only as part of the ritual. Hitherto, none other than such persons are permitted to perform any kind of percussion inside the Nalambalam. If any person wants to perform percussion on any instrument as an offering, certainly it will be open to such a person to apply for permission to perform the same in the Melpathur Auditorium. The petitioner is not having any such case

¶33

that he had applied for permission for the same and it was declined.

¶34

In the said circumstances, we do not find any merit in the writ petition and we are also at a loss to understand as to how the petitioner could seek a writ of mandamus in the aforesaid circumstances. The petitioner is not having any right in the aforesaid matter and needless to say that, in such circumstances, the Devaswom Authorities are not having a legal corresponding duty also to perform.

¶35

This writ petition seeking the aforementioned reliefs is therefor liable to fail. Hence, this writ petition is dismissed. We make it clear that the dismissal of this writ petition will not stand

¶36

WP(C).No.25950 OF 2020(P) 5

¶37

in the way of the petitioner to apply for permission to perform the percussion (chenda and panchavadyam) in the Melpathur Auditorium, as an offering.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

DCS/04.12.2020

WP(C).No.25950 OF 2020(P) 6

¶46

APPENDIX

¶47

PETITIONER'S/S EXHIBITS:

¶48

EXHIBIT P1	TRUE COPY OF THE CALICUT UNIVERSIT PETITIONER ACHIVE	CERTIFICATE OF THE PETITIONER IN Y ARTS FESTIVAL IN WHICH THE D FIRST POSITION DATED 12.05.2017
EXHIBIT P2	TRUE COPY OF THE DEVASWOM CHAIRMAN 14.11.2020	COMPLAINT SEND TO GURUVARYUR BY THE PETITIONER DATED
EXHIBIT P3	TRUE COPY OF THE BY THE PETITIONER	COMPLAINT SEND TO CHIEF MINISTER DATED 14.11.2020
EXHIBIT P4	TRUE COLOUR PHOTO PRESS CONFERENCE AGAINST THE CASTE TEMPLE DATED NIL	COPY OF THE PHOTOGRAPH OF THE MADE BY PERCUSSION ARTISTS DISCRIMINATION IN GURUVAYUR
EXHIBIT P5	TRUE COLOUR PHOTO REGARDING THE STA CHAIRMAN ON THE E DISCRIMINATION IN	COPY OF THE NEWS REPORTED TEMENT MADE BY THE DEVASWOM BOARD XISTING FORMS OF CASTE GURUVAYUR TEMPLE
EXHIBIT P6	TRUE COPY OF THE MINISTER'S OFFICE BEEN FORWARDED TO REVENUE (REVENUE)	REPLY MADE BY THE CHIEF INFORMING THAT THE COMPLAINT HAS THE PRINCIPLE SECRETARY OF DEPARTMENT DATED 14.11.2020

Vishnu P.C. v. Guruvayur Devaswom Administrator

Case brief

What is this about?

What did the court decide?

Vishnu P.C. v. Guruvayur Devaswom Administrator

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

The Chairman, Petroleum Traders Welfare and Legal Service Society Vs the Additional Chief Secretary to Government

Suo Motu Vs the District Collector

Viswa Hindu Parishad Vs the Travancore Devaswom Board

Gopalakrishnan K Vs Sandeep Biswas

A.Sajeevan Vs the Commissioner

Hamjad Ali, Vs the Commissioner of Customers (Prev)