Research › Search › Judgment

Kerala High Court · body

2022 DIGILAW 995 (KER)

SUO MOTU v. STATE OF KERALA

2022-11-18

ANIL K.NARENDRAN, P.G.AJITHKUMAR

body2022
ORDER : 1. The Special Commissioner, Sabarimala has filed this report pursuant to the directions contained in the order of this Court dated 23.08.2022 in SSCR No. 10 of 2022. 2. SSCR No. 10 of 2022 filed by the Special Commissioner was regarding the leakage of water from the roof of the Sreekovil in Sabarimala Sannidhanam and the remedial measures to be taken. By the order dated 23.08.2022, the Special Commissioner was directed to file a report before this Court on the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. In the said order, this Court noticed the submission made by the learned Standing Counsel for the Travancore Devaswom Board that ‘Pushpalankaram’ by devotees is permitted only outside the Sopanam without fixing nails or screws on the copper plates used for covering the wooden roofing. The learned Standing Counsel for Travancore Devaswom Board was directed to handover a copy of the Board order dated 28.12.2017, re-fixing the rate of ‘Pushpalankaram’ at Sabarimala Sannidhanam to the learned Amicus Curiae for Special Commissioner. 3. In the order dated 30.09.2022 in SSCR No. 10 of 2022, this Court noticed that, by the orders dated 05.11.2021 and 03.01.2022 in DBA No. 12 of 2021, permission was accorded for revision of Vazhipadu rates in Sabarimala and Pamba Devaswoms, subject to the modification suggested by the learned Ombudsman in TDB Report No. 14 of 2021. By the said order, permission was accorded for the revision of rates for Aravana and Appam Prasadam in Sabarimala and Pamba Devaswoms at a lower rate, subject to the condition that the revised rates shall be enforced only after the Mandala Makaravilakku season of 1197ME. The Vazhipadu ‘Pushpalankaram’ at Sabarimala Sannidhanam was not a Vazhipadu item in the petition filed by the Travancore Devaswom Board before the learned Ombudsman, based on which the learned Ombudsman filed TDB Report No. 14 of 2021. All Vazhipadu items in Sabarimala and Pamba Devaswoms, as per ‘Paditharam’ were included in the report of the learned Ombudsman. 4. On 10.10.2022, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to whether ‘Pushpalankaram’ is a Vazhipadu item in Sabarimala Devaswom as per ‘Paditharam’ and whether fixation/revision of the rate for the said Vazhipadu item was the subject matter of any reports filed by the learned Ombudsman and the orders of this Court. By the order dated 10.10.2022, the learned Standing Counsel was directed to make available for the perusal of this Court the files relating to the decisions taken by the Travancore Devaswom Board in respect of Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam.” 5. On 14.10.2022, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board pointed out an order of this Court dated 05.10.2016 in DBA No. 14 of 2016. The learned Standing Counsel sought some more time to make available for the perusal of this Court the relevant orders regarding fixation/revision of the rate in respect of the Vazhipadu item Pushpalankaram. The learned Standing Counsel was directed to make available for the perusal of this Court, a certified extract of the ‘Paditharam’ of Sabarimala Devaswom. 6. Today, when this SSCR is taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the files relating to fixation/revision of rate in respect of Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. The learned Standing Counsel seeks further time to make available for the perusal of this Court a certified extract of the ‘Paditharam’ of Sabarimala Devaswom. 7. We have gone through the files relating to fixation/revision of rate in respect of the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. In the petition filed before the learned Ombudsman for revision of Vazhipadu rates, with effect from the year 2017, it is not stated that a new Vazhipadu item ‘Pushpalankaram’ is introduced at Sabarimala Sannidhanam. However ‘Pushpalankaram’ at Sabarimala Sannidhanam is shown as a newly introduced Vazipadu item in the list attached to that petition. The report dated 29.08.2016 of the learned Ombudsman on that petition or the order of the Devaswom Bench dated 05.10.2016 in DBA No. 14 of 2016 would also not show that the introduction of a new Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam was specifically pointed out to the learned Ombudsman or before the Devaswom Bench which passed the order dated 05.10.2016. In the order dated 10.10.2022, this Court noticed that ‘Pushpalankaram’ at Sabarimala Sannidhanam was not a Vazhipadu item in the petition filed by the Travancore Devaswom Board before the learned Ombudsman for revision of Vazhipadu rates in Sabarimala and Pamba Devaswoms, based on which the learned Ombudsman filed TDB Report No. 14 of 2021 and this Court passed the orders dated 05.11.2021 and 03.01.2022 in DBA No. 12 of 2021. 8. 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. 9. As per Section 24 of the Act, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational uplift, social and cultural advancement and economic betterment of the Hindu community. 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 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. 10. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 10. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. In view of the provisions under Section 15A(i) of the Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly. In view of the provisions under Section 31 of the Act, the Board is duty bound to make proper arrangements for the conduct of daily worship and ceremonies and of the festivals in Sabarimala, according to its usage. 11. A few photographs of the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam, produced along with this SSCR filed by the Special Commissioner, Sabarimala, are reproduced hereunder: 12. As can be seen from the photographs re-produced hereinbefore, decorative flowers, flower garlands, etc. are used for ‘Pushpalankaram’ to decorate the lower portion of the roof of the Sreekovil, Valiambalam in front of Sreekovil, the entrance of Balikalpura, bottom portion of the Golden Flag-mast, Upadevatha Shrines, etc. The stem of the flowers is inserted in a sponge like wet material. To keep the flowers fresh, in the sponge, water or other artificial substance is sprayed. After the order of this Court dated 23.08.2022, during Kannimaasa pooja in September, ‘Pushpalankaram’ was conducted at Sabarimala Sannidhanam, without heavy decorations. Usually, ‘Pushpalankaram’ is conducted with heavy decorations. As evident from the photographs, for ‘Pushpalankaram’ materials like kuruthola, flower garlands, etc. are being used. As per the report of the Special Commissioner, the lower edge of the roof of Valiambalam, just above Thoovanapalaka, is randomly fixed with nails which might have been fixed a long time before. The roof of Sreekovil was re-laid recently to rectify water leakage. The lower edge of Sreekovil, just above the Thoovanapalaka, was also randomly fixed with old nails to facilitate the hanging of flowers and garlands while conducting Pushpalankaram. However, after the rectification of the roof of the Sreekovil, the old nails were removed and the holes were sealed with M-Seal and Silicone gel. 13. As can be seen from the photographs, the edge of the lower part of the roof of Valiayambalam, Sreekovil and Upadevatha Shrines are heavily decorated with flowers and garlands, by hanging them. The bottom portion of the Golden Flag-mast is also heavily decorated with bunch of flowers, obstructing the view of Ashtadikpalakar. 13. As can be seen from the photographs, the edge of the lower part of the roof of Valiayambalam, Sreekovil and Upadevatha Shrines are heavily decorated with flowers and garlands, by hanging them. The bottom portion of the Golden Flag-mast is also heavily decorated with bunch of flowers, obstructing the view of Ashtadikpalakar. In view of the provisions under Sections 15 and 31 of the Act, the Travancore Devaswom Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly and to make proper arrangements for the conduct of daily worship and ceremonies and of the festivals in Sabarimala, according to its usage. 14. The learned Standing Counsel for Travancore Devaswom Board would submit that, after the report of the Special Commissioner, Sabarimala, the Thantri of Sabarimala Temple has objected to floral decoration on the roof of Sreekovil and the bottom portion of the Golden Flag-mast, in connection with Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. The Standing Counsel would also submit that, after the filing of this SSCR, the Board is not accepting money from the devotees for the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam. 15. The affidavit on behalf of the 2nd respondent Travancore Devaswom Board, explaining the facts and circumstances in relation to the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam, with specific reference to the state of affairs, as disclosed from the photographs reproduced hereinbefore, which form part of this SSCR filed by Special Commissioner, Sabarimala, shall be placed on record within a period of two weeks. A certified extract of the ‘Paditharam’ of Sabarimala Devaswom shall also be placed on record along with that affidavit. 16. The files made available for the perusal of this Court are returned to the learned Standing Counsel for Travancore Devaswom Board, for enabling the 2nd respondent Board to file an affidavit in this SSCR. 17. List this SSCR for further consideration on 08.11.2022. 18. The submission made by the learned Standing Counsel for the Travancore Devaswom Board that, after the filing of this SSCR, the Board is not accepting money from the devotees for Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam, is recorded. Status quo as on today, as regards the Vazhipadu item ‘Pushpalankaram’ at Sabarimala Sannidhanam, shall continue till then.