Allowed

Sreeraj G.Nair v. the Travancore Devaswom Board

Kerala HC1 Nov 2022WP(C)/25929/2022

Case brief

AI extract

What is this about?

Petitioner challenged separate queues for KSRTC tour package holders during temple darshan as discriminatory. Court found such preferential treatment arbitrary. Court ordered general queue for all, but mandated special queues for senior citizens and differently-abled.

What did the court decide?

Interim order made absolute; separate queue for KSRTC devotees prohibited; all devotees to follow same queue; special queue for senior citizens and differently-abled mandatory.

Sreeraj G.Nair Vs the Travancore Devaswom Board — Pension and Retirement Benefits | 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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TUESDAY, THE 1ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

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WP(C) NO. 25929OF 2022

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PETITIONER/S:

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SREERAJ G.NAIR, AGED 36 YEARS
SON OF C.S.GOPALAKRISHNAN NAIR, RESIDING AT
SIVANJALI, ULLALA, THALAYAZHAM P.O., VAIKOM,
KOTTAYAM DISTRICT - 686 603.
BY ADVS.
T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
RESHMA SANTHOSH
RENJISH S. MENON

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RESPONDENT/S:

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1 THE TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM DISTRICT - 695 003 REPRESENTED BY ITS SECRETARY.

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2THE COCHIN DEVASWOM BOARD
COCHIN DEVASWOM BOARD HEADQUARTERS, SWARAJ ROUND
WEST, THRISSUR DISTRICT - 680 001, REPRESENTED BY
ITS SECRETARY.

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3 THE EXECUTIVE OFFICER THRIPRAYAR SREE RAMASWAMI TEMPLE, TEMPLE ROAD, VALAPAD P.O., THRIPRAYAR, THRISSUR DISTRICT - 680 567.

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WPC No.25929 of 2022

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4 THE EXECUTIVE OFFICER SREE KOODALMANIKYAM TEMPLE, IRINJALAKUDA, KOODALMANIKYAM DEVASWOM, IRINJALAKUDA, THRISSUR

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DISTRICT - 680 121.

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5 THE EXECUTIVE OFFICER SREE LAKSHMANA TEMPLE, THIRUMOZHIKKULAM, MOOZHIKULAM, KURUMASERI, ERNAKULAM DISTRICT - 683 579.

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6 THE EXECUTIVE OFFICER SREE SAKTHRUKNA TEMPLE, PAYAMMAL, SHATHRUGHNA NAGAR, PAYAMMAL ROAD, ARIPALAM P.O., THRISSUR DISTRICT - 680 688.

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7 THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM DISTRICT - 695 023 REPRESENTED BY ITS MANAGING DIRECTOR.

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8 ADDL. R8.THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

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IS SUOMOTU IMPLEADED AS ADDL. R8 AS PER ORDER DATED
19.08.2022 IN WP(C) 25929/2022.
BY ADVS.

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SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
P.N.DAMODARAN NAMBOODIRI

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OTHER PRESENT:

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI S.SUJIN- STANDING COUNSEL KOODAL MAANIKKYAM
DEVASWOM ;

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SRI K.P.SUDHEER- STANDING COUNSEL- COCHIN DEVASWOM
BOARD ;

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SRI DEEPU THANKAN - STANDING COUNSEL- KSRTC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.09.2022, THE COURT ON 01.11.2022 DELIVERED THE FOLLOWING:

WPC No.25929 of 2022

JUDGMENT

Anil K. Narendran, J. The petitioner, who had ‘Nalambala Darshanam’ on 31.07.2022, along with his family, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the action of respondents 1 to 6 in allowing the devotees who are making ‘Nalambala Darshanam’ in Thriprayar Sree Ramaswami Temple, Sree Koodalmanikyam Temple, Thirumoozhikkulam Sree Lakshmana Temple and Payammal Sree Shathrughnan Temple, by availing the tour packages offered by the 7^th respondent Kerala State Road Transport Corporation (KSRTC), without following the queue system, while all the other devotees including senior citizens, differentlyabled devotees and other special categories of devotees, pregnant women and women with infants in their hands could make darshan only by following the queue system, is arbitrary and discriminatory. The petitioner has also sought for a writ of mandamus commanding respondents 3 to 6 to provide a special queue for senior citizens, differently-abled and other special categories of devotees, for making ‘Nalambala Darshanam’ in the aforesaid temples.

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‘Nalambala Darshanam’ for the current year was from 17.07.2022 till 16.08.2022. On 31.07.2022, the petitioner along with

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WPC No.25929 of 2022

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his family members reached Thriprayar Temple by around 6.00 a.m. and they had to remain in the queue until 12.00 noon to have darshan. They could reach home after having darshan in all four temples by around 2.00 a.m. on 01.08.2022. During Nalambala Darshanam, the petitioner noticed that there is no special queue or arrangements for senior citizens, differently-abled persons, etc. In order to have darshan, they have to remain in the queue for a long time. At the same time, a separate queue is provided for darshan in all four temples, for those who visit those temples by availing pilgrim packages offered by the 7^th respondent KSRTC. In order to substantiate the said fact, the petitioner has placed on record Ext.P1 photograph of a board erected in Thriprayar Sree Ramaswamy Temple and Ext.P2 brochure of pilgrim tour package offered by KSRTC, a printout of which is taken from the official website of KSRTC. According to the petitioner, similar boards were erected in the other three temples as well.

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On 12.08.2022, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 and 5. The learned Standing Counsel for Cochin Devaswom Board took notice for respondents 2 and 3. The learned Standing Counsel for Koodalmanikyam

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WPC No.25929 of 2022

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Devaswom took notice for the 4^th respondent. The learned Standing Counsel for KSRTC took notice for the 7^th respondent. Urgent notice by special messenger was ordered to the 6^th respondent Executive Officer of Payammal Sree Shathrugna Swamy Temple, returnable by 17.08.2022.

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On 19.08.2022, the State of Kerala, represented by the Secretary to Government, Revenue (Devaswom) Department was suo motu impleaded as the additional 8^th respondent. By the order dated 19.08.2022, it was ordered that all the devotees have to follow the queue system in the temples for ‘Nalambala Darshanam’. However, a separate queue has to be provided for senior citizens, differently-abled and mentally challenged persons and such other special categories of persons, who require special attention and care.

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Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 5, the learned Standing Counsel for Cochin Devaswom Board for the 3^rd respondent, the learned Standing Counsel for Koodalmanikyam Devaswom for the 4^th respondent, the learned counsel for the 6^th respondent and also the learned Standing Counsel for KSRTC for the 7^th respondent.

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WPC No.25929 of 2022

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Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District.

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7. Chapter II of the Act deals with the Travancore Devaswom. As per Section 3, the administration of incorporated and unincorporated Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation, 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of the Ruler of Travancore prior to the first day of July, 1949, except the Sree Padmanabhaswamy Temple, Sree Pandaravaka properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board. As per sub-section (2) of

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WPC No.25929 of 2022

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Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated

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Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board.

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8. As per sub-section (1) of Section 15 of the Act, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu

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WPC No.25929 of 2022

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religious institutions; (iv) to establish and maintain proper facilities

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in the temples for the devotees.

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Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in subsection (1), the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the Pazhayannur Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin.

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Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in

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WPC No.25929 of 2022

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force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund.

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Section 73A of the Act deals with duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Institutions; (iv) to establish and maintain proper facilities in major temples for the devotees.

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WPC No.25929 of 2022

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In view of the provisions under Section 3 of Koodalmanikyam Devaswom Act, 2005 the administration, control and management of Koodalmanikyam Temple at Irinjalakuda, its properties and endowments and the subordinate temples attached thereto shall be vested in Koodalmanikyam Devaswom Managing Committee, which shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued, through the Administrator. Section 10 of the Act deals with duties of the Committee. As per Section 10, subject to the provisions of the Act and the rules made thereunder, it shall be the duty of the Committee, (a) subject to the custom and usage in the Temple, to arrange for the proper performance of the rites and ceremonies in the Temple and the subordinate temples attached thereto in accordance with the pathivu or scale of expenditure fixed for the Temple and the subordinate temples under Section 20 or, till the pathivu or scale of expenditure is fixed under that section in accordance with the pathivu or scale of expenditure specified in Schedule 1 of the Koodalmanikyam Devaswom Act, 1971; (b) to provide facilities to the worshippers for the proper performance of

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worship; (c) to ensure the safe custody of the funds, valuable securities and jewellery and the preservation and management of the

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WPC No.25929 of 2022

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properties vested in the Temple; (d) to ensure maintenance of order and discipline and proper hygienic conditions in the temple and the subordinate temples attached thereto and to maintain the proper standard of cleanliness and purity in the offerings performed within the temple; (e) to ensure that the funds of the endowments of the Temple are spent according to the known wishes of the donors; (f) to make provisions for the payment of suitable emoluments to the salaried staff of the Devaswom; (g) to do all such things as may be incidental and conducive to the efficient management of the affairs of the Devaswom and for the facilities of the worshippers.

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On 12.08.2022, the learned Standing Counsel for KSRTC

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has made available for the perusal of this Court the minutes of the meeting of a Co-ordination Committee convened on 04.06.2022 in Koodalmanikyam Devaswom Hall, Irinjalakkuda to coordinate the activities in connection with ‘Nalambala Darshanam’, which would only show that KSRTC was requested to make necessary arrangements for providing services under Pilgrim Tourism Packages for ‘Nalambala Darshanam’. The said minutes would not show that a decision has been taken in that meeting to provide special queue to those devotees who avail KSRTC Pilgrim Tourism Packages for ‘Nalambala Darshanam’.

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WPC No.25929 of 2022

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On 12.08.2022, this Court noticed that, as per Ext.P3 brochure issued from the Mavelikkara Depot of KSRTC, the devotees who opt for ‘Nalambala Darshanam’ through Pilgrim Tourism Packages of KSRTC can have darshan and offer vazhipadu without following the queue system. The learned Standing Counsel for KSRTC sought time to get instructions to explain the circumstances in which Ext.P3 brochure was issued from the Mavelikkara Depot of KSRTC.

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In the order dated 12.08.2022, this Court found that the provision of a separate queue for the devotees, who avail the Pilgrim Tourism Packages of KSRTC for ‘Nalambala Darshanam’, is per se arbitrary and illegal, which cannot be permitted to continue. Therefore, it was ordered that all the devotees have to follow the queue system in the temples for ‘Nalambala Darshanam’. However, a separate queue has to be provided for senior citizens, differentlyabled and mentally challenged persons and such other special categories of persons, who require special attention and care.

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During the course of arguments, the learned Standing Counsel for KSRTC or the learned Standing Counsel for Travancore Devaswom Board or learned Standing Counsel for Cochin Devaswom Board could not point out any decision taken by the competent authority of the temples in question, permitting the devotees who

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WPC No.25929 of 2022

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avail Pilgrim Tourism Package by KSRTC for ‘Nalambala Darshanam’, to have darshan in all the four temples without following the queue system, through a separate queue.

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Out of the four temples in ‘Nalambala Darshanam’, Thirumoozhikkulam Sree Lakshmana Temple Temple is under the management of 1^st respondent Travancore Devaswom Board, Thriprayar Sree Ramaswami Temple is under the management of 2^nd respondent Cochin Devaswom Board, Sree Koodalmanikyam Temple is under the management of Sree Koodalmanikyam Devaswom, and Sree Shathrughnan Temple, Payammal is a private temple which is stated to have been managed by a Trust.

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In view of the provisions under the Travancore-Cochin Hindu Religious Charitable Endowments Act, referred to hereinbefore, the Travancore Devaswom Board, the Cochin Devaswom Board and also the Koodalmanikyam Devaswom, in discharge of their statutory duty, have to see that regular traditional rites and ceremonies, according to the practice prevalent in the religious institutions under its management are performed promptly and they have to establish and maintain proper facilities for the devotees in the temples under their management. They have to manage the properties of the respective Devaswoms and arrange for

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WPC No.25929 of 2022

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the conduct of daily worship and ceremonies and of the festivals in every temple under its management, according to its usage. Insofar as Sree Shathrughnan Temple, Payammal is concerned, the conduct of daily worship and ceremonies and of the festivals in that temple have to be conducted according to its usage, by those who are in the management of that temple. Therefore, based on any decision taken in the meeting of co-ordination committee, a preferential treatment in those temples for the devotees who avail Pilgrim Tourism Packages of KSRTC cannot be introduced, during ‘Nalambala Darshanam’.

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In the above circumstances, we deem it appropriate to dispose of this writ petition, by making the interim order dated 12.08.2022 absolute, by holding that the provision of a separate queue for the devotees in Thriprayar Sree Ramaswami Temple, Sree Koodalmanikyam Temple, Thirumoozhikkulam Sree Lakshmana Temple and Payammal Sree Shathrughnan Temple, who avail the Pilgrim Tourism Packages of KSRTC for ‘Nalambala Darshanam’, is per se arbitrary and illegal, which cannot be permitted to continue. Therefore, all the devotees have to follow the queue system in the temples for ‘Nalambala Darshanam’. However, a separate queue has to be provided for senior citizens, differently-abled and mentally challenged persons and such other special categories of persons, who

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WPC No.25929 of 2022

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require special attention and care.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

bkn/-

WPC No.25929 of 2022

APPENDIX OF WP(C) 25929/2022

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`PETITION`	`ER EXHI`	`BITS`
`Exhibit`	`P1`	`THE TRUE COPY OF THE BOARD ERECTED AT THE` `SREE RAMASWAMI TEMPLE THRIPRAYAR` `PROVIDING SPECIAL QUEUE FOR THE DEVOTES` `VISITING THE TEMPLE BY AVAILING THE TOUR` `PACKAGE OFFERED BY THE SEVENTH` `RESPONDENT.`
`Exhibit`	`P2`	`THE ADVERTISEMENT ISSUED BY THE SEVENTH` `RESPONDENT FOR THE NALAMBALAM DARSHANAM` `2022.`
`Exhibit`	`P3`	`THE TRUE COPY OF THE ADVERTISEMENT MADE` `BY THE KERALA STATE ROAD TRANSPORT` `CORPORATION MAVELIKKARA DEPOT.`
`Exhibit`	`P4`	`THE PILGRIM PACKAGE BOOKING NUMBER` `ADVERTISED BY THE SEVENTH RESPONDENT.`

Sreeraj G.Nair v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Sreeraj G.Nair v. the Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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