The High Court of Kerala dismissed a writ petition challenging the Kadampuzha Bhagavathy Devaswom's decision to restrict devotees from bringing coconuts for 'Muttarukkal' during the COVID-19 pandemic, holding the safety measures were not arbitrary.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.27835 OF 2020(D)
PETITIONER:
VIJAYAKUMAR .V AGED 56 YEARS VALIYAVEETTIL KADAMPUZHA P.O, MALAPPURAM – 676 553
BY ADVS. SRI.R.KRISHNA RAJ SMT.E.S.SONI SMT.KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY HOUSEFED COMPLEX, MINIBYPASS ROAD, ERANHIPPALAM, KOZHIKPDE – 673 006
2 KADAMPUZHA BHAGAVATHY DEVASWOM REPRESENTED BY ITS EXECUTIVE OFFICER KADAMPUZHA, MALAPPURAM – 676 553
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27835 OF 2020(D)
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JUDGMENT
Dated this the 14th day of December 2020
C.T.RAVIKUMAR,J
The petitioner who is a devotee of Kadampuzha Bhagavathy and residing near to the Kadampuzha Temple filed this writ petition seeking a direction to the respondents to permit the devotees to bring coconut for the performance of “Muttarukkal”, by issuing a writ of mandamus. 'Muttarukkal' is one of the main offerings in the temple and the term 'Muttarukkal' is a blend of two words, viz., 'Muttu', which means 'obstacle' and 'Arukkal' which means 'cut'. The pleadings in the writ petition and the materials on record would reveal that the grievance of the petitioner is against Ext.P1 whereunder the Kadampuzha Bhagavathy Devaswom invited a quotation for supply of the required
number of coconuts for 'Muttarukkal' purpose. The contention of the petitioner is that, Ext.P1 itself
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WP(C).No.27835 OF 2020(D)
would reveal that during the period from 1st October
to 31st December devotees would not be permitted to bring coconuts for 'Muttarukkal' and any devotee who wanted to offer 'Muttarukkal' has to purchase coconut from the Devaswom itself. According to the petitioner it is against the custom. The petitioner also has a grievance that the tender process was not transparent to the best of his knowledge. The tender process was earlier cancelled and the right to supply coconuts was unilaterally given by the Devaswom to one Society namely “Kodur Service Cooperative Bank, Kodur.” In this context, it is to
be noted that even after taking such a contention, the petitioner has not chosen to implead the Kodur Service Co-operative Bank as a party to this writ petition. It is also a fact that despite raising such a contention, the petitioner has not chosen to
seek any consequential relief in the writ petition. In fact, the one and only prayer of the petitioner
WP(C).No.27835 OF 2020(D)
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in this writ petition is as follows:-
“direct the respondents to permit the devotees to bring coconut for the performance of offering of Muttarukkal by issue of Writ of mandamus or such other Writ or order or direction. ”
In the aforesaid circumstances, we need not
go into the question regarding whether the right to supply of coconut was unilaterally given to the Society by name 'Kodur Service Co-operative Bank, Kodur' and whether there is any irregularity in the said process. The only question to be considered is whether the petitioner is entitled to seek issuance of writ of mandamus of the nature as sought for. We have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel for Malabar Devaswom Board. The learned Standing Counsel would submit that as is discernible from
Ext.P1, that it is issued taking note of the
COVID-19 pandemic situation and the quotation is only for making available coconuts for 'Muttarukkal' purpose from 1st October to 31st
WP(C).No.27835 OF 2020(D)
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December. In the contextual situation, it is relevant to refer to the opening sentence in
Ext.P1., which reads as follows:-
"ശശ്രീ കകാടകാമ്പുഴ ദദേവസസ്വതത്തില് ദകകാവത്തിഡഡ് - 19 സകാഹചരര്യതത്തില് ഒദകകാബര് 1 മുതല് ഡത്തിസസംബര് 31 കൂടത്തി മുട്ടറക്കുന്നതത്തിനഡ് ഭക്തജനങ്ങള്കഡ് നകാളത്തിദകരസം സപപ ചചയ്യുന്നതത്തിനഡ് ആവശര്യമകായ നകാളത്തിദകരസം ദക്ഷേത്രതത്തില് എതത്തിക്കുന്നതത്തിനഡ് ഏറ്റവസം കുറഞ്ഞ നത്തിരകത്തില് മത്സരടത്തിസകാനതത്തിലുള്ള കസ്വദട്ടഷന് കകാണത്തിച് ച ുകകാള്ളുന.”
We are of the view that the learned counsel
appearing for the Malabar Devaswom Broad has rightly submitted that the Kadampuzha Bhagavathy Devaswom was constrained to take such a decision in
view of the COVID-19 pandemic situation. When Ext.P1 itself reveals that such a decision was
taken due to COVID-19 pandemic situation, we do not think that such a restriction imposed during the COVID-19 situation need any interference by this Court. Obviously, the Melsanthi and the other
santhies have to break the coconuts to perform 'Muttarukkal' and therefore, if coconuts are permitted to be brought by the devotees, the chance
WP(C).No.27835 OF 2020(D)
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of those persons getting positive and interruption of quotidian poojas and other rituals in the temple would be high. Since the decision is taken in view
of the situation and that too, for a specified version, as is discernible from Ext.P1, that decision can not be said to be an arbitrary one
warranting any interference by this Court.
petition is liable to fail and accordingly, it is dismissed.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
JUDGE
Sn
WP(C).No.27835 OF 2020(D)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE NOTIFICATION OF THE DEVASWOM EXHIBIT P2 COPY OF THE REPRESENTATION SUBMITTED BY THE DEVOTEES EXHIBIT P3 COPY OF THE PAPER REPORT(MATHRUBHOOMI) EXHIBIT P4 COPY OF THE APPLICATION SUBMITTED UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P5 COPY OF THE RECEIPTS OF COCONUTS EXHIBIT P6 COPY OF THE RECEIPTS OF MUTTARUKKAL
RESPONDENT'S/S EXHIBITS: NIL
SN
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
whether the Court can issue a writ of mandamus directing the Devaswom to permit devotees to bring coconuts for the performance of 'Muttarukkal' during the COVID-19 pandemic.
whether the restriction imposed by the Devaswom to ensure safety during the pandemic is arbitrary and warrants judicial interference.
Colour shows how this judgement treated each authority
Ext.P1Referred¶20
Vijayakumar .V
Malabar Devaswom Board
Kadampuzha Bhagavathy Devaswom
C.T. Ravikumar
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
