Disposed

Suo Motu v. State of Kerala

Kerala HC12 Aug 2022DBP/18/2022

Case brief

AI extract

What is this about?

This suo motu petition addressed allegations regarding irregularities in the Thulabharam Vazhipadu at the Sree Krishna Temple, Guruvayur. The Court directed the Devaswom to prevent the collection of dakshina by contractors, regulate perishable items, monitor CCTV footage, and display prohibition notices in multiple languages within a month.

What did the court decide?

Directing Devaswom to prevent daksina collection, regulate items, monitor CCTV, and display prohibition notices in multiple languages within one month.

Suo Motu Vs State of Kerala — Consumer Protection | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 12TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944

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DBP NO.18 OF 2022

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IN THE MATTER OF GURUVAYUR DEVASWOM BOARD – SREE KRISHNA
TEMPLE – MATTER PERTAINING TO IRREGULARITIES ALLEGED IN
THULABHARAM VAZHIPADU – SUO MOTU PROCEEDINGS INITIATED

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BASED ON A NEWS ITEM APPEARED IN ONLINE MEDIA ON

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19.05.2022 - REG.

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------------

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PETITIONER:

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SUO MOTU

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR DEVASWOM, GURUVAYUR, PIN-680 101, REPRESENTED BY ITS ADMINISTRATOR.

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3 THE ADMINISTRATOR, GURUVAYUR DEVASWOM , GURUVAYUR, PIN-680 101

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DBP No.18 of 2022

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*ADDL.R4 RINEESH.A, AMBALI HOUSE, IDIMUZHIKKAL,
CHELAMBRA P.O., MALAPPURAM DISTRICT - 673 634.
IS SUO MOTU IMPLEADED AS ADDITIONAL 4TH
RESPONDENT VIDE ORDER DATED 25/05/2022 IN DBP
18/2022.

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R1 BY SR. GOVERNMENT PLEADER SRI.S.RAJMOHAN
R2 & R3 BY SRI.T.K.VIPINDAS, SC, GURUVAYUR
 DEVASWOM BOARD
R4 BY ADVS.SRI.SREEKUMAR (SR.)
 SRI.P.MARTIN JOSE
 SRI.P.PRIJITH
 SRI.THOMAS P.KURUVILLA
 SRI.R.GITHESH
 SRI.AJAY BEN JOSE
 SRI.MANJUNATH MENON
 SRI.SACHIN JACOB AMBAT
 SRI.ANNA LINDA V.J
 SRI.HARIKRISHNAN S.

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

DBP No.18 of 2022

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ORDER

Anil K. Narendran, J.

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This DBP is registered suo motu based on a news item that appeared in an online media, which contained serious allegations regarding Thulabaram Vazhipadu in Sree Krishna Temple, Guruvayur. By the proceedings dated 23.05.2022, Registry was directed to initiate suo motu proceedings based on the said news item and list the matter before the Bench on 24.05.2022.

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On 24.05.2022, when this DBP came up for consideration, the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought time to get instructions. The learned Standing Counsel was directed to file a memo furnishing the name and address of the kuthaka holder of Thulabaram Vazhipadu in Sree Krishna Temple, Guruvayur and to get instructions as to whether any CCTV is installed at the place where Thulabaram Vazhipadu is performed.

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On 25.05.2022, when this DBP came up for further consideration, the learned Standing Counsel for Guruvayur

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DBP No.18 of 2022

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Devaswom Managing Committee furnished the name and address of the kuthaka holder and he was suo motu impleaded as additional 4^th respondent. The learned Standing Counsel, on instructions, submitted that after the news item that appeared in online media on 19.05.2022, a Devaswom staff has been deputed to oversee Thulabaram Vazhipadu. Instructions were already issued to retrieve and keep CCTV footage in safe custody by the Administrator, which can be produced before this Court. On 25.05.2022, this Court issued notice to the additional 4^th respondent through the 3^rd respondent Administrator.

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On 08.07.2022, when this matter came up for consideration, respondents 2 and 3 have filed an affidavit dated 28.06.2022, wherein it is stated that, the Devaswom has placed boards to inform the devotees that placing of 'Thattilpanam' is not permitted and that 'Thattilpanam' is being collected by the Devaswom along with the receipt for 'Thulabaram'. Paragraphs 3 to 6 of the affidavit read thus;

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“3. It is submitted that Thulabharam is a vazhipadu offered by the devotees of Guruvayurappan intending to

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DBP No.18 of 2022

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get relief from illness, for obtaining job, for solemnizing marriage and for getting peace of mind etc. The Thulabharam means offering of various consumables equivalent to the weight of the devotee to the deity. Initially the devotees used to bring the consumables from their home for the Thulabharam Vazhipadu. Subsequently considering the difficulties and inconvenience of the devotees to bring the consumables for the Thulabhram Vazhipadu, the Devaswom decided to make the arrangements to provide consumables for the Thulabharam Vazhipadu to the devotees. Therefore, the Devaswom started to invite tender to provide consumables for the Thulabharam Vazhipadu to the devotees as per which the person in favour of whom the tender is fixed has to provide consumables for the Thulabharam Vazhipadu. Presently the additional 4^th respondent is the person who has been awarded the tender for conducting Thulabharam in the temple. He engages his own employees for conducting Thulabharam. However, the Thulabharam is overseen by the staff of the Devaswom. The rates for the Thulabharam are collected by the staff of the temple and receipt is issued by the Devaswom to the devotees. 4. It is submitted that the averments and allegations contained in the online news media regarding the "Thattilpanam" is incorrect and does not reflect the true state of affairs. The respondent 2 and 3 have never entertained the practice of "Thattilpanam" to be placed

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DBP No.18 of 2022

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on the seat on which Thulabharam is conducted. Moreover, boards are visibly fixed in different sides of the Thulabharam counter to impart awareness to the devotees by way of notice with direction not to place money in the Thulabharam Thattu. The photograph of the notice kept near to the Thulabharam counter directing the devotees not to put any offerings in the Thulabharam Thattu is produced herewith and marked as Annexure R3(a). These respondents have put boards in different sides of the Thulabharam counter exhibiting the price of vazhipadu including the Thulabharam. The photographs showing the hoardings displaying the rates of Vazhipadu including Thulabharam kept at various places adjacent to the Thulabharam counter is produced herewith and marked as Annexure R3(b). It is respectfully written in boards that Thattilpanam is collected along with receipts. Inspite of this some devotees are seen placing "Thattilpanam" voluntarily on the Thulabharam seat.

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It is respectfully submitted that none of the staff deployed by the contractor was seen compelling persons to place Thattilpanam (dakshina) on the Thulabharam Thattu. It is also being specifically instructed to the contractor and the persons engaged by him for the conduct of the Thulabharam that no person should compel the devotees to place the "Thattilpanam" and any violation would be taken very seriously and necessary action would be taken against the contractor

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DBP No.18 of 2022

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and his employees who are found to be flouting the directions issued in this regard. The Devaswom has placed boards to inform the devotees that the placing of the "Thattilpanam” is not permitted and that the "Thattilpanam” is being collected by the Devaswom along with the receipt for the Thulabharam.

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It is submitted that the news item regarding the “Thattilpanam"” allegedly collected is incorrect news intending to tarnish the Devaswom and the temple and made with ulterior motives. Therefore, the contents of the online news are incorrect and hence denied by these respondents. The Guruvayur Devaswom is functioning strictly abiding the Rules and Regulations. These respondents supervise each and every affair of the temple and make sure that no violations of the instructions take place in the day to day affairs of the temple.”

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The additional 4^th respondent has filed an affidavit dated 28.06.2022, wherein it is stated that perishable items for the 'Thulabharam' are being replaced regularly. In the said affidavit, it is pointed out that the Devaswom has affixed boards at different sides of Thulabharam counter informing the devotees not to place money on 'Thulabharam Thattu'. Paragraphs 3 to 7 of the affidavit filed by the additional 4^th respondent read thus;

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DBP No.18 of 2022

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“3. It is submitted that the Devaswom has engaged its employees for the purpose of collecting the amount from the devotees and for issuing receipts for the purpose of the conduct of Thulabharam Vazhipadu including Thattil panam.

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It is submitted that for the purpose of conducting Thulabharam Vazhipadu, I have to supply 49 items and the Devaswom has to supply 8 items. Accordingly, I have been conducting the Thulabharam at Guruvayur Temple as per the conditions of the contract. Among the 49 items that I am supplying as per the contract, some of the items are perishable and are to be replaced regularly. The following are the list of perishable items:

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Items	Replaced
Kadalippazham	Thrice a week
Poovanpazham	Thrice a week
Nendrappazham	Thrice a week
Cherupazham	Thrice a week
Ilaneer	Twice a week
Pumpkin	Once everymonth
Ash Gourd	Once everymonth
Cucumber	Once everymonth
Yam	Once everymonth
Butter	Once every 15 days (kept in refrigerator)
Jaggery	Once every three months

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It is submitted that while so, a news item appeared in an online media daily on 19.05.2022 on the basis of which this Hon’ble Court had suo moto initiated this case. It is submitted that the said news item contains false and defamatory allegations against me and is an ill motivated one. The allegation that I am looting the devotees by forcefully asking money from those who

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DBP No.18 of 2022

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come for Thulabharam Vazhipadu is absolutely false and hence denied. It is submitted that the Devaswom has affixed boards at different sides of the Thulabharam counter not to place money in the Thulabharam Thattu.

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The further allegation that I am keeping only 10kg of items is absolutely false and hence denied. It is submitted that I am keeping a minimum quantity of 110kg of all the items I supply, except for Lotus and Tulasi. Lotus and Tulasi are not easily available in the market and it is not practically feasible to store large quantities of the said items as it occupies a large amount of space.

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It is submitted that the devotees, after conducting the Thulabharam Vazhipadu may gave Dakshina to the person who helps them to conduct the same. The same is being continued even now by most of the devotees. The said act of the devotees is upon their free will. It is submitted that I have never asked or forced any devotee to give me any money as alleged in the news item aforementioned. I am not collecting any amount towards Thattilpanam. No devotees place cash or other valuables in the Thattu. As a matter of fact, Thattilpanam is being collected by Devaswom.”

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Heard the learned Senior Government Pleader on

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behalf of the 1^st respondent State, the learned Standing Counsel for Guruvayur Devaswom Managing Committee for

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DBP No.18 of 2022

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respondents 2 and 3 and also the learned Senior Counsel for the additional 4^th respondent.

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The specific stand taken in the affidavit filed by respondents 2 and 3 is that they never entertained the practice of ‘Thattilpanam’ to be placed on the seat on which ‘Thulabaram is being conducted. Boards have been fixed in the Thulabharam counter for the awareness of the devotees

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not to place money on the 'Thulabharam Thattu'. The photographs of the boards near Thulabharam counter are marked as Annexure R3(a). In addition to this, boards have been kept at different places of the Thulabharam counter exhibiting the rates for Thulabharam, as evident from Annexure R3(b) photographs. In the said boards, it is exhibited that Thattilpanam is being collected while issuing the receipt for Thulabharam Vazhipadu. In the affidavit of respondents 2 and 3, it is stated that, in spite of these, some devotees are placing Thattilpanam voluntarily on Thulabharam

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Thattu. None of the staff deployed by the contractor are compelling devotees to place Thattilpanam (dakshina) on the

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DBP No.18 of 2022

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Thulabharam Thattu. The contractor is specifically instructed that the persons engaged by him for the conduct of Thulabharam are not compelling the devotees to place Thattilpanam and any violation would be taken very seriously and necessary action would be taken against the contractor and his employees, who are flouting the directions issued in this regard.

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The stand taken in the affidavit filed by the additional 4^th respondent kuthaka holder of Thulabharam Vazhipadu in Sree Krishna Temple, Guruvayur is that he is not forcing the devotees to place money on Thulabharam Thattu. The Devaswom has placed boards at different places of the Thulabharam counter to inform the devotees not to place any money on the Thulabharam Thattu. However, the devotees, after conducting Thulabharam Vazhipadu may give dakshina to the persons, who help them to conduct the Vazhipadu. The same is being continued even now by most of the devotees. The said act of the devotees is upon their free will. The additional 4^th respondent never asked or forced any devotees

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DBP No.18 of 2022

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to give money, as alleged in the news item. He is not collecting any amount towards Thattilpanam. No devotees place cash or other valuables in the Thulabharam Thattu.

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From the pleadings and materials on record and also the submissions made by the learned Standing Counsel for Guruvayur Devaswom Managing Committee and also the learned Senior Counsel for the Additional 4^th respondent kuthaka holder, we find that the devotees, after Thulabharam Vazhipadu are giving money to the person engaged by the kuthaka holder for conducting Thulabharam Vazhipadu. Neither the kuthaka holder nor the person engaged by him to conduct Thulabharam Vazhipadu can accept any money from

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the devotees as dakshina. The averments in the affidavit filed by respondents 2 and 3 would make it explicitly clear that Guruvayur Devaswom Managing Committee and the officials of the Devaswom are well aware of such collection of money by the person engaged by the kuthaka holder for conducting Thulabharam Vazhipadu. It is for Guruvayur Devaswom Managing Committee and the Devaswom officials to take

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DBP No.18 of 2022

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immediate action to see that the devotees, after performing Thulabharam Vazhipadu is not paying any amount as dakshina

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to the person engaged by the kuthaka holder for conducting Thulabharam Vazhipadu. The Devaswom staff, who has been deputed to oversee Thulabharam Vazhipadu, shall ensure that the devotees after performing Thulabharam Vahipadu are not placing money on the Thulabharam Thattu or giving any amount as dakshina to the person engaged by the kuthaka holder. The devotees shall be informed that Thattilpanam is being collected by the Devaswom while issuing receipts and that neither the kuthaka holder nor the person engaged by him for conducting Thulabharam Vazhipadu is expected to collect any amount from the devotees as dakshina. Guruvayur Devaswom Managing Committee shall exhibit boards at appropriate places in Hindi, Tamil, Telugu and Kannada, in addition to Malayalam and English, to inform the devotees that they need not place Thattilpanam or pay dakshina for performing Thulabharam Vazhipadu. Necessary steps in this regard shall be taken, as expeditiously as possible, at any

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DBP No.18 of 2022

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rate, within a period of one month from the date of receipt of a certified copy of this order.

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The stand taken in the affidavit filed by the additional 4^th respondent kuthaka holder is that perishable items for Thulabharam Vazhipadu are being replaced at regular intervals, as stated in paragraph 4 of the affidavit. He is keeping a minimum quantity of 110kgs of the items used of Thulabharam Vazhipadu. Lotus and Tulasi are not easily available in the market and it is not practically feasible to store large quantities, as it occupies large space.

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The concerned officials of Guruvayur Devaswom and also the Devaswom staff who has been deputed to oversee Thulabharam Vazhipadu shall take necessary steps to ensure that the perishable items used for Thulabharam Vazhipadu are replaced at regular intervals by the additional 4^th respondent kuthaka holder. They shall also ensure that the kuthaka holder is maintaining sufficient quantity of various items for Thulabharam Vazhipadu, as stated in paragraph 6 of the affidavit filed by the said respondent. The CCTV footage

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DBP No.18 of 2022

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from Thulabharam counter shall be monitored at regular intervals by the concerned officials of the Devaswom, in order to ensure that there is no exploitation of devotees in any manner by the 4^th respondent kuthaka holder or the persons

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employed by him for conducting Thulabharam Vazhipadu.

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With the above directions, this DBP is disposed of.

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Sd/- ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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AV/16/8

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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