K. Chandran v. Travancore Devaswom Board Represented By Its Secretary
2003-04-11
K.K.DENESAN, S.SANKARASUBBAN
body2003
DigiLaw.ai
Judgment :- Sankarasubban, J. This Original Petition has been filed to issue a writ in the nature of certiorari or any other appropriate writ, direction or order calling for the records leading to proceedings No. ROC 1943/01/L dated 18.6.2002 issued by the first respondent and quashing the same and for other reliefs. The case of the petitioner is as follows: 2. The petitioner is a devotee of Kazhakoottam Kulangara Sree Krishna Swamy Temple. It is a public religious worship and the same is a minor Devaswom under the control and administration of the Travancore Devaswom Board. The same is a Temple of ancient origin and the Hindus of the locality worship the presiding deity namely Lord Sree Krishna. 3. As part of the said Temple there is a pond with three kadavu. They are respectively, the Santhi Kadavu, Kottara Kadavu and Naga Kadavu. Conceptually, this pond was dug during the reign of his Highness the Marthanda Varma Maharaja and dedicated to the deity to commemorate the fleeing of Ettu Veettil Pillamar of whom Kazhakootathu Pilla was a resident of the locality. The devotees bath in the Temple pond before proceeding to the Temple for Darshan. The said pond, traditionally called Poothakulam, by passage of time, is being colloquially called "Puthukulam". 4. According to the petitioner, the petitioner and other devotees came to know that the first respondent Devaswom Board and the fifth respondent Kerala Sports Council were negotiating on transferring the said pond or a part thereof to the fifth respondent, stated to be for imparting swimming training. It is understood that the fifth respondent issued letter dated 7.12.2001 to the President of the first respondent stating that it is brought to the notice of the fifth respondent that the aforesaid pond is lying unutilized and that the fifth respondent may be permitted to use the pond for swimming training under the supervision of the fifth respondent, after making necessary modifications on the pond on mutual terms and conditions. 5. The first respondent issued proceedings dated 18.6.2002 to the following effect: Portion of the pond to a length of 55M and a width of 15 M should be earmarked using pre-cast concrete slabs/pillers by the Sports Council at their own risk and cost. A garden should be formed and maintained around the pond by the Sports Council at their cost.
The first respondent issued proceedings dated 18.6.2002 to the following effect: Portion of the pond to a length of 55M and a width of 15 M should be earmarked using pre-cast concrete slabs/pillers by the Sports Council at their own risk and cost. A garden should be formed and maintained around the pond by the Sports Council at their cost. Usage of the marked area of the pond should be only for aquatic activities and not for any other purposes, which are against the Temple customs and rituals and also spoil the sanctity of the Temple atmosphere. It appears the under the agreement, portion of the pond was given to the Sports Council for the purpose of imparting swimming training. The allotment of portion of the pond to the Sports Council is challenged here. 6. It is found that the pond stands in front of the Temple. It is a place of religious sanctity. The pond is forming part of the Temple. Rule 4 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules 1965 says as follows: "No person shall enter into premises of any place of public worship unless he has had bath and wears clean clothes or such materials and in such manner as is customary, in such place of public worship. No person shall enter a place of public worship with any footwear". It is further stated that there is an Astamangalya Prasnam also. It was also stated that certain poojas have to be performed. So far as division of pond is concerned, we are of the view that it is without authorization. The pond forms part of the Temple. It is used for the purpose of devotees and for the idol. Rule 8 of the above Rules says thus: "The place of public worship and premises shall not be used for purposes not connected with or arising from the worship, usages and observations of such places of public worship". Thus, according to us, going by the Rules, the pond cannot be divided and it is necessary for the use of the Temple Poojas. 7. In the above view of the matter we direct the Travancore Devaswom Board not to proceed with the agreement with regard to portion of the pond is going to be divided.
Thus, according to us, going by the Rules, the pond cannot be divided and it is necessary for the use of the Temple Poojas. 7. In the above view of the matter we direct the Travancore Devaswom Board not to proceed with the agreement with regard to portion of the pond is going to be divided. In the light of the above, the proceeding dated 29.8.2002 is cancelled and the agreement between the Board and the Sports Council is set aside. Original Petition is allowed.