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2013 DIGILAW 29 (KER)

KRISHNADAS T. R. v. TRAVANCORE DEVASWOM BOARD

2013-01-10

A.V.RAMAKRISHNA PILLAI, THOTTATHIL B.RADHAKRISHNAN

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JUDGMENT : Thottathil B. Radhakrishnan, J. Heard the learned counsel for the petitioners, the learned Standing Counsellor the Travancore Devaswom Board of the learned counsel for the 9th respondent and the learned counsel for the 10th respondent. 2. The relief’s sought for in this writ petition are to ensure that only people belonging to Alangad Desom are permitted to participate in the rituals performed in connection with the Makaravilakku festival starting from Erumeli Petta Thullal scheduled on 11/01/2013 up to Makaravilakku Darsanam, and that investigation has to be conducted into the issuance of badges allegedly done by receiving different amounts. 3. Litigations are going on as to the rights to carryout the Petta Thullal. As of now, all that we need to note is that the common judgment in AS Nos. 218 of 2004 and 219 of 2004 of the Additional District Judge, North Paravur stands. In terms of that judgment Alangad Desom or Alangad Rajyam is to be identified in terms of paragraph No. 14 of that judgment, which reads as follows: "14. Another important argument advanced by the learned counsel appearing for the appellants is that the plaintiff association is an association of Manjapra based people and Manjapra was not part of former Alangad Rajyam, hence plaintiffs are not entitled to put forward a claim that they are the members of Alangad Yogam. But the same time, the learned counsel appearing for the respondents/plaintiffs submitted that Manjapra village was also formerly part and parcel of Alangad Rajyam, hence the contention put forward by the appellants is having only little substance. In order to substantiate the argument advanced by the learned counsel appearing for the respondents/plaintiffs he relies Akhilavijnana Kosam Volume I. In page No. 542 of Akhilavijnana Kosam it is stated that Alangad was a village of Paravur Taluk in Ernakulam District. It is further stated that in Alangad Rajyam places named Alangad, Ayirur, Chengamanadu, Kothakulangara, Manjapra. Parakkadavu were included. The said fact can be seen from "A Survey of Kerala History" by Sri. A. Sreedhara Menon also. In page No. 167 of the said book it is observed as follows:- "Alangad (Mangat) was a small principally ruled by a Samanta Chief. Originally it belonged to Mangattu Kaimal and hence the kingdom came to be called Mangat. The ruler was Known as Muteripad. The Alangad Principality comprised such villages as Alangad, Ayirur, Chengamanad, Kothakulangara, Manjapra etc. In page No. 167 of the said book it is observed as follows:- "Alangad (Mangat) was a small principally ruled by a Samanta Chief. Originally it belonged to Mangattu Kaimal and hence the kingdom came to be called Mangat. The ruler was Known as Muteripad. The Alangad Principality comprised such villages as Alangad, Ayirur, Chengamanad, Kothakulangara, Manjapra etc. and extended over the aforesaid regions skirting the river Periyar on the east upto Malayattur. If that be so, from the above referred books it is clear that Manjapra was a village included in former Alangad Rajyam. If that be so, the contention put forward by the appellants that Manjapra is not a part of former Alangad Rajyam is not correct." 4. Having regard to the aforesaid, without prejudice to the pendency of the Second Appeals on the entitlements, titles etc., it is directed that persons belonging to and having origin referable to the aforesaid areas would alone be permitted to participate in the Petta Thullal. We see that the Travancore Devaswom Board has issued an order in this month saying that the claim of Alangattu Yogam is to be recognised by the Board. We leave open this issue since we are told that, that is a matter pending in Second Appeals, and that the matter is likely to be taken up during the course of the day by the learned Single Judge. With the aforesaid, we record the submission on behalf of the 9th respondent that no amounts whatsoever has been collected and badges have been given only to enable the Police to recognise persons, who can legitimately be the part of the Petta Thullal Sangham. It is further directed that if there is any issue relating to the identity of any person, that shall be answered by the Jurisdictional Executive Magistrate at Erumeli and his decision shall be given effect to by the Travancore Devaswom Board, Police Officials and other Executive Officials. The Police will provide aid to only such persons, who are permitted to participate in terms of what is directed above. The writ petition is ordered accordingly.