Dismissed

Aneesh Kattumadathil v. the Travancore Devoswom Board

Kerala HC10 Feb 2023WP(C)/2484/2023

Case brief

AI extract

What is this about?

Petitioner, a Kuthiyottam performer, challenged the fifth respondent's interference with offering Vazhipadu in a temple, seeking declaration and police protection. The Court held the dispute could not be resolved via writ jurisdiction and dismissed the petition, directing the Devswom officer to seek police protection if obstruction occurred.

What did the court decide?

Petition dismissed with direction to Administrative Officer to approach Police Chief for protection if obstruction occurs.

Aneesh Kattumadathil Vs the Travancore… — Pension and Retirement Benefits | Kerala HC (2023)

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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 10^TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944

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W.P.(C)NO.2484 OF 2023

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PETITIONER/S:

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ANEESH KATTUMADATHIL AGED 40 YEARS S/O. UNNIKRISHNAN NAIR, SREEPADAM KUTHIYOTTA SAMITHI, PONNARAMTHOTTAM, MAVELIKARA, RESIDING AT KATTUMADATHIL, PONNARAMTHOTTAM, MAVELIKARA P.O., ALAPPUZHA, PIN - 690101

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BY ADVS. T.S.HARIKUMAR P.B.SAHASRANAMAN

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RESPONDENT/S:

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1 THE TRAVANCORE DEVOSWOM BOARD REPRESENTED BY ITS SECRETARY,DEVASWOM HEADQUARTERS, NANDANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003

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2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS NANDANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003

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3 ASSISTANT DEVASWOM COMMISSIONER MAVELIKARA GROUP, MAVELIKARA P.O., ALAPPUZHA, PIN - 690101

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4 THE ADMINISTRATIVE OFFICER CHETTIKULANGARA DEVASWOM, CHETTIKULANGARA, MAVELIKARA, ALAPPUZHA, PIN - 690106

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5 SREEDEVI VILASAM HINDUMATHA CONVENTION CHETTIKULANGARA, CHETTIKULANGARA P.O., MAVELIKARA, ALAPPUZHA,, REPRESENTED BY ITS PRESIDENT, PIN - 690106

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W.P.(C)NO.2484 OF 2023

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6 THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA, PIN - 688001

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7 THE STATION HOUSE OFFICER MAVELIKARA POLICE STATION, MAVELIKARA P.O., ALAPPUZHA-, PIN - 690101

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BY ADVS. HARIDAS P BIJU HARIHARAN(K/1767/1995) SHIJIMOL M.MATHEW(K/907/2005) P.C.SHIJIN(K/397/2012) RISHIKESH HARIDAS(K/000630/2018)

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OTHER PRESENT:

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SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ; SRI S.RAJMOHAN - SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)NO.2484 OF 2023

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ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ

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.......................................................................

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W.P.(C)No.2484 of 2023

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.................................................................. Dated this the 10^th day of February, 2023

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner, who is stated to be a performer of Kuthiyottam, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the 5^th respondent Sreedevi Vilasam Hindumatha Convention, Chettikulangara, has no authority to interfere with the offering of Kuthiyottam Vazhipadu in Chettikulangara Devi Temple by a devotee and to dictate the terms of selection of Asan for offering the said Vazhipadu in the temple. The petitioner also sought for a writ of mandamus commanding respondents 1 to 4 to take appropriate legal action against the 5^th respondent Sreedevi Vilasam Hindumatha Convention, for unnecessarily interfering with the custom in Chettikulangara Devi Temple and also the liberty, right and privileges of the devotees to offer Kuthiyottam Vazhipadu in the temple; and a writ of mandamus commanding respondents 6 and 7, namely, the District Police Chief,

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W.P.(C)NO.2484 OF 2023

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Alappuzha and the Station House Officer, Mavelikkara Police Station, to provide adequate and sufficient police protection to the petitioner and his students to conduct, perform and offer Kuthiyottam Vazhipadu in Chettikulangara Devi Temple, for and on behalf of the devotees, during Chettikulangara Kumbha Bharani of the year 2023.

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Going by the averments in the writ petition, the petitioner performs Kuthiyottam for the last several years and train artists to perform Kuthiyottam. For the current year, the petitioner received ‘Dakshina’ from one Sunil Kunnam, a devotee who wants to offer Kuthiyottam Vazhipadu in Chettikulangara Devi Temple. However, the 5^th respondent Sreedevi Vilasam Hindumatha Convention is interfering with the offering of Kuthiyottam Vazhipadu by the devotees at Chettikulangara Devi Temple. The petitioner submitted Ext.P2 representation dated 03.12.2022 before the Devaswom Minister and thereafter, filed this writ petition before this Court, seeking the aforesaid reliefs.

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On 25.01.2023, when this writ petition came up for admission, the learned Standing Counsel for the Travancore Devaswom Board took notice on admission for respondents 1 to

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W.P.(C)NO.2484 OF 2023

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The learned Senior Government Pleader took notice on

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admission for respondents 6 and 7 and urgent notice on admission by special messenger was ordered to the 5^th respondent, returnable on 30.01.2023.

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The 5^th respondent Sreedevi Vilasam Hindumatha Convention entered appearance through counsel and filed a counter affidavit dated 03.02.2023, producing therewith Exts.R5(a) to R5(g) documents. According to the 5^th respondent, if the petitioner is desirous of offering Kuthiyottam Vazhipadu properly, he has a choice to cooperate with the 5^th respondent or obtain the permission of the Devaswom Board. Along with the counter affidavit, the 5^th respondent has placed on record Ext.R5(a) letter dated 28.11.2015 of the Thantri. In the counter affidavit, it is stated that Thantri has issued Ext.R5(a) letter to the 5^th respondent to take appropriate steps to prevent unauthorised collection of money and to regulate the conduct of Kuthiyottam. The document marked as Ext.R5(b) is a complaint dated 30.03.2020 stated to have been made against the petitioner, by a devotee named Sujitha Harikumar, wherein it is alleged that the petitioner has collected an amount of

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W.P.(C)NO.2484 OF 2023

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Rs.1,00,000/- from her, for offering Kuthiyottam Vazhipadu in Chettikulangara Devi Temple.

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Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board for respondents 1 to 4, the learned counsel for the 5^th respondent and also the learned Senior Government Pleader for respondents 6 and 7.

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The learned counsel for the petitioner would contend that the 5^th respondent Sreedevi Vilasam Hindumatha Convention, Chettikulangara, is unauthorisedly interfering with the offering of Kuthiyottam Vazhipadu by the devotees at Chettikulangara Devi Temple. On the other hand, the learned counsel for the 5^th respondent would contend that the petitioner

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is collecting huge amounts from the devotees for offering Kuthiyottam Vazhipadu in Chettikulangara Devi Temple during Chettikulangara Kumbha Bharani.

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Admittedly, Chettikulangara Devi Temple is a temple under the management of the 1^st respondent Travancore Devaswom Board. Kuthiuoyttam Vazhipadu is performed in Chettikulangara Devi Temple, exclusively during Kumbha Bharani

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W.P.(C)NO.2484 OF 2023

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Festival.

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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 the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in the Travancore Devaswom Board. As per Section 15A of the Act, 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 religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees . As per Section 31 of the Act, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the

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W.P.(C)NO.2484 OF 2023

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Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage .

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Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act , the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Chettikulangara Devi Temple are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Chettikulangara Devi Temple for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Chettikulangara Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Chettikulangara Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals

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W.P.(C)NO.2484 OF 2023

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in Chettikulangara Devi Temple according to the usage.

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On a specific query made by this Court, the learned Standing Counsel for the Travancore Devaswom Board would submit that, for performing Kuthiyottam Vazhipadu in Chettikulangara Devi Temple during Kumbha Bharani Festival, a devotee is required to pay Rs.5,000/- as registration fee. This is the only amount required to be paid by the devotee for performing Kuthiyottam Vazhipadu. Neither the 5^th respondent Sreedevi Vilasam Hindumatha Convention, Chettikulangara, nor any other organisation or individual is authorised to collect any amount from the devotee for performing Kuthiyottam Vazhipadu in Chettikulangara Devi Temple during Kumbha Bharani Festival.

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The Travancore Devaswom Board, which has a statutory duty to arrange for the conduct of the daily worship and ceremonies and of the festivals in Chettikulangara Devi Temple according to the usage, shall ensure through the 4^th respondent Administrative Officer of Chettikulangara Devaswom that, no unauthorised collections are made by the 5^th respondent Sreedevi Vilasam Hindumatha Convention, Chettikulangara, or any other organisation or individual, for performing Kuthiyottam

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W.P.(C)NO.2484 OF 2023

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Vazhipadu in Chettikulangara Devi Temple during Kumbha

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Bharani Festival.

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The stand taken in the counter affidavit filed by the 5^th respondent Sreedevi Vilasam Hindumatha Convention, is that the said respondent is acting under the directions of the Thantri to ensure that all rituals in Chettikulangara Devi Temple including Kuthiyottam Vazhipadu are performed correctly in accordance with the rituals, custom and practice, without any corruption. In support of the said contention, the learned counsel for the 5^th respondent would rely on Ext.R5(a) letter dated 28.11.2015 of the Thantri, whereby the 5^th respondent is required to take appropriate steps to prevent unauthorised collection of money and to regulate the conduct of Kuthiyottam.

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Thantri of a temple is responsible for the proper conduct of poojas and other religious ceremonies in accordance with Sasthras. The Thantri is the chief priest of the Devaswom, who has a vital role in the temple. The Travancore Devaswom Board as well as the Thantri of Chettikulangara Devi Temple has to ensure that regular traditional rites and ceremonies according to the practice prevalent in Chettikulangara Devi Temple are

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W.P.(C)NO.2484 OF 2023

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performed promptly and to make proper arrangements for the conduct of daily worship and ceremonies and of the festivals in the said temple, according to its usage.

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Chapter IV of the Travancore Devaswom Manual Volume II [Office Manual] deals with Thantri. As per Clause 16 of Chapter IV, Thantri may send official communication relating to Devaswoms to the officers of the Department, not below the rank of an Assistant Devaswom Commissioner, and they may send such covers superscribed as ‘Devaswom matters’ with the name of the Thantri. Thantris are barred from communicating their opinions on temple matters through private individuals or smithies and under no circumstances, such communications will not be entertained by the Board and by the officers of the department.

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In view of the provisions under Clause 16 of Chapter IV of the Travancore Devaswom Manual Volume II [Office Manual], Thantri of Chettikulangara Devi Temple issued Ext.R5(a) letter dated 28.11.2015 to the 5^th respondent Sreedevi Vilasam Hindumatha Convention, openly flouting the bar contained in the said clause, whereby Thantris are barred

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W.P.(C)NO.2484 OF 2023

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from communicating their opinions on temple matters through private individuals or smithies and under no circumstances.

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The learned counsel for the 5^th respondent Sreedevi Vilasam Hindumatha Convention, Chettikulangara, would submit that the 5^th respondent is not collecting any money from the devotees for performing Kuthiyottam Vazhipadu in Chettikulangara Devi Temple during Kumbha Bharani Festival.

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As already noticed thereinbefore, neither the 5^th respondent Sreedevi Vilasam Hindumatha Convention nor any other organisation or individual is authorised to collect any amount from the devotee for performing Kuthiyottam Vazhipadu in Chettikulangara Devi Temple during Kumbha Bharani Festival. The dispute between the petitioner and the 5^th respondent Sreedevi Vilasam Hindumatha Convention, which is raised in the writ petition, cannot be resolved by this Court in exercise of the writ jurisdiction under Article 226 of the Constitution of India.

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In the above circumstances, we find no reason to entertain this writ petition. The writ petition fails and the same is accordingly dismissed. No order as to costs.

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In case the petitioner, the 5^th respondent Sreedevi Vilasam

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W.P.(C)NO.2484 OF 2023

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Hindumatha Convention or any other organisation or individual, including the petitioner herein, is causing any obstructions whatsoever to the devotees performing Kuthiyottam Vazhipadu in Chettikulangara Devi Temple during Kumbha Bharani Festival, the 4^th respondent Administrative Officer of Chettikulangara Devaswom shall approach the 6^th respondent the District Police Chief, Alappuzha and the 7^th respondent Station House Officer, Mavelikkara Police Station, for adequate and sufficient police protection, in which event the said respondents shall do the needful, in the discharge of their statutory duty.

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Sd/- ANIL K. NARENDRAN, JUDGE

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Sd/- P.G. AJITHKUMAR, JUDGE

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Dxy

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W.P.(C)NO.2484 OF 2023

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APPENDIX OF WP(C) 2484/2023

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PETITIONER EXHIBITS

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EXHIBIT	P.1	THE TRUE PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE "KUTHIYOTTA ANUSHTANA KALA SAGHAM" CHETTIKULANGARA, DATED 04-11-2022
EXHIBIT	P.2	THE TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEVASWOM MINISTER DATED 03-12-2022
RESPONDE	NT EXHIB	ITS
EXHIBIT	R5(B)	TRUE COPY OF THE COMPLAINT FILED BY THE SUJITHA HARIKUMAR BEFORE THE 5TH RESPONDENT DATED 30.03.2020
EXHIBIT	R5(C)	TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED NIL
EXHIBIT	R5(D)	TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED NIL
EXHIBIT	R5(E)	TRUE COPY OF THE LETTER DATED 21.08.2022 SUBMITTED BY SUNIL KUMAR BEFORE THE 5TH RESPONDENT
EXHIBIT	R(F)	TRUE COPY OF THE NOTICE DATED 25.11.2022 ISSUED BY THE 5TH RESPONDENT TO THE SUNIL KUMAR
EXHIBIT	R16(G)	TRUE COPY OF THE LETTER DATED 30.12.2022 ISSUED BY THE 5TH RESPONDENT TO THE SUNIL KUMAR
EXHIBIT	R5(A)	TRUE COPY OF THE LETTER DATED 28.11.2015 ISSUED BY THE THANTHRI TO THE 5TH RESPONDENT

Aneesh Kattumadathil v. the Travancore Devoswom Board

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Aneesh Kattumadathil v. the Travancore Devoswom Board

Case brief

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