P. Sudhakaran S/o Krishnan Nair v. State Of Kerala
2025-04-04
ANIL K.NARENDRAN, VIJU ABRAHAM
body2025
DigiLaw.ai
JUDGMENT : Anil K. Narendran, J. 1. The common issue raised in these writ petitions is regarding the conduct of Thrissur Pooram at Vadakkumnatha Kshethramaidanam of Sree Vadakkumnathan Devaswom, which is under the management of Cochin Devaswom Board. The writ petitions, i.e., W.P.(C)Nos.16440 of 2024, 16599 of 2024 and 16753 of 2024 are filed by the devotees of Lord Vadakumnathan of Sree Vadakkumnathan Devaswom. The reliefs sought for in W.P.(C)No.16440 of 2024 read thus: “(i) To declare that interference of State Government and its machineries in the administration of Temple by use of Police force and thereby obstructing centuries old rituals, traditions and customs are violative of religious freedom guaranteed under the Constitution of India. (ii) To issue writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 2 and 3 to frame appropriate guidelines, to govern the conduct of the police authorities during the religious festivals and temple ceremonies, giving due regard to the rituals and customs of the temple as well as the religious right of devotees to spectate/take part in the essential religious rituals, customs and practices followed at the temple. (iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1,3 and 7 to conduct appropriate investigation and disciplinary action against Sri.Ankit Asokan IPS, for his wilful actions disrupting the rituals and traditions Associated with Trissur Pooram. (iv) Issue a Writ of Mandamus or other appropriate writ, order or direction commanding the respondents 1,3 and 7 to take further action on Ext.P10 and Ext.P11 by prosecuting Sri.Ankit Asokan, IPS after registering a crime as sought for. (v) Direct the Principal District Judge, Thrissur to conduct an impartial enquiry into the conduct and actions of Mr.Ankit Asokan (District Police chief) during the days of Thrissur Pooram that had caused the disruption of traditional customs and rituals of the temples, especially as regards the Madathil Varavu ceremony.” 2.
(v) Direct the Principal District Judge, Thrissur to conduct an impartial enquiry into the conduct and actions of Mr.Ankit Asokan (District Police chief) during the days of Thrissur Pooram that had caused the disruption of traditional customs and rituals of the temples, especially as regards the Madathil Varavu ceremony.” 2. The reliefs sought for in W.P.(C)No.16753 of 2024 read thus: “(i) Issue a writ of Mandamus or any other appropriate writ order or direction directing an enquiry to be made into the police interference and atrocities committed in connection with Thrissur pooram 2024 by the District Judge, Thrissur with a further direction to the respondents 1 and 2 to take stringent action based on the report against the erring police officials within a time limit to be fixed by this Hon’ble Court. (ii) Issue a writ of Mandamus or any other appropriate writ order or direction directing the 2 nd respondent to conduct a high level enquiry against the circumstances leading to the police interference in the conduct of Thrissur Pooram at its disruption/unholy end on account of the same and further direct the 2 nd respondent to take stringent action including registration of Crime and departmental proceedings based on the report of enquiry within a time frame to be fixed by this Hon’ble Court. (iii) Issue a writ of Mandamus or any other appropriate writ order or direction, directing the respondent Devaswoms to jointly formulate a comprehensive scheme/guideline for the proper and efficient conduct of Pooram in future within a time limit to be fixed by this Hon’ble Court. (iv) Issue appropriate direction or order directing the supervision of the conduct of Pooram under the direct supervision of the District Judge, Thrissur or his designate in the interest of justice.” 3. The reliefs sought for in W.P.(C)No.16599 of 2024 read thus: “(i) Issue a writ of mandamus or other appropriate writ, order or direction to conduct an inquiry pertaining to the issues occurred on the day of Thrissur Pooram from the part of the respondents 9 to 12 on 19.04.2024 and 20.04.2024. (ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 3 to take departmental action by issuing appropriate orders against the immature and improper decisions from the side of the respondents 9 to 12 by violating the code of their Service Conduct Rules.
(ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 3 to take departmental action by issuing appropriate orders against the immature and improper decisions from the side of the respondents 9 to 12 by violating the code of their Service Conduct Rules. (iii) Issue a writ of mandamus or other appropriate writ, order or direction directing the 3 rd respondent to register an FIR against the erred officials including the respondents 11 and 12 and conduct an investigation regarding the conspiracy and attempt of creating communal disharmony and violence which will attract the offence under section 153(A) and 120 of IPC. (iv) Issue a writ of mandamus or other appropriate writ, order or direction directing the 1 st respondent to issue an order of Judicial Inquiry pertaining to the issues occurred during the Thrissur Pooram held on 13.04.2024 to 20.04.2024. (v) Issue an order or direction to conduct the Thrissur Pooram festival for the coming years under the strict monitoring of the District Judge or the Judicial Officer in Thrissur District.” 4. On 23.04.2024, when W.P.(C)No.16440 of 2024 came up for admission before the Vacation Bench, it was ordered to be listed on 22.05.2024 for instructions. On that day, the said writ petition was ordered to be listed along with the connected matters, i.e., W.P.(C)Nos.16599 of 2024 and 16753 of 2024. 5. In the respective writ petitions, the Cochin Devaswom Board, Paramekkavu Devaswom and Thiruvambadi Devaswom have filed counter affidavits. The learned State Attorney has filed a counter affidavit on behalf of the 1 st respondent State, which was followed by an additional affidavit dated 12.02.2025. 6. On 12.12.2024, when these writ petitions came up for consideration, this Court passed the following order: “The Cochin Devaswom Board and Thiruvambadi Devaswom have already filed counter affidavits in all the writ petitions. 2. The learned Senior Counsel for Paramekkavu Devaswom would submit that counter affidavit shall be placed on record by next Thursday (19.12.2024), in all the writ petitions. 4. The learned counsel for Thiruvambadi Devaswom would submit that an additional counter affidavit in order to meet the averments/allegations in Ext.R4(a) report dated 21.05.2024 produced along with the counter affidavit filed by the 4th respondent in W.P.(C)No.16440 of 2024 shall also be placed on record within three weeks. 5.
4. The learned counsel for Thiruvambadi Devaswom would submit that an additional counter affidavit in order to meet the averments/allegations in Ext.R4(a) report dated 21.05.2024 produced along with the counter affidavit filed by the 4th respondent in W.P.(C)No.16440 of 2024 shall also be placed on record within three weeks. 5. The learned State Attorney to get instructions regarding the present status of the enquiry by the Special Investigation Team constituted by Ext.R3(b) Government Order in W.P.(C)No.16440 of 2024, which is produced as Ext.R1(b) in W.P.(C)No.16599 of 2024.” 7. The order dated 12.12.2024, was followed by the order dated 13.02.2025, which reads thus: “Today, when these writ petitions are taken up for consideration, the learned State Attorney has placed on record an additional affidavit sworn to on behalf of the 3 rd respondent regarding the present status of the investigation by the Special Investigation Team (SIT) headed by Sri.H.Venkitesh, IPS, Additional Director General of Police (Crime Branch) and the present status of the investigation by Sri.Manoj Abraham, IPS. 2. In the said affidavit it is stated that, Sri.Manoj Abraham, IPS, who was entrusted with the investigation on the lapses, if any, on the part of officers of various departments, who were assigned responsibilities related to Thrissur Pooram, has already completed the investigation and submitted a detailed report before the Government on 31.12.2024, which is being examined by the Government. 3. Having considered the submissions made at the Bar, we deem it appropriate to direct the learned State Attorney to make available for the perusal of this Court, the said report of Sri.Manoj Abraham, IPS, in a sealed cover.” 8. The order dated 13.02.2025 was followed by the order dated 24.02.2025, which reads thus: “In terms of the directions contained in the order of this Court dated 13.02.2025, the learned State Attorney has made available for the perusal of this Court the enquiry report dated 31.12.2024 submitted by Sri.Manoj Abraham IPS, in a sealed cover along with Annexure 3 statement of witness and Annexure 4 exhibits. We have perused the enquiry report. 2. Registry to return the report and its Annexures in sealed cover, through Registrar (Judicial).” 9.
We have perused the enquiry report. 2. Registry to return the report and its Annexures in sealed cover, through Registrar (Judicial).” 9. Heard the learned Senior Counsel for the petitioner in W.P.(C)No.16440 of 2024, the learned counsel for the petitioner in W.P.(C)No.16753 of 2024, the learned counsel for the petitioner in W.P.(C)No.16599 of 2024, the learned State Attorney for the 1 st respondent State and official respondents, the learned Standing Counsel for the Cochin Devaswom Board, the learned counsel for Thiruvambadi Devaswom and also the learned counsel for Paramekkavu Devaswom. 10. Though various reliefs are sought in these writ petitions for conducting an enquiry in connection with the incident that happened in connection with Thrissur Pooram festival of the year 1199ME (2024), we do not propose to consider the rival contentions on the above issue in these proceedings, since the enquiry ordered by the 1 st respondent State is pending consideration. On that issue, we record the submission made on behalf of the 1 st respondent State, by the learned State Attorney, that the 1 st respondent State shall take necessary steps to ensure that the enquiry and the proceedings pursuant thereto reach a logical conclusion, as expeditiously as possible, at any rate, within a period of three months from the date of this judgment. 11. We make it clear that the disposal of these writ petitions by this judgment is without prejudice to the right of the petitioners to challenge the decision to be taken by the 1 st respondent State in connection with the aforesaid enquiry, in case they are aggrieved by the same. 12. Another relief sought for in these writ petitions is regarding formulation of a comprehensive scheme/guidelines/ standard operating procedure for proper conduct of Thrissur Pooram in future. On the above aspect, the learned State Attorney would point out a joint meeting convened online on 01.03.2025, which was presided over by the Chief Minister, which was followed by another joint meeting convened on 14.03.2025 at Thrissur Collectorate, which was presided over by the Devaswom Minister. 13. The learned State Attorney has made available for the perusal of this Court the minutes of the aforesaid meetings. The learned State Attorney would submit that a copy of those minutes are being placed on record, along with a memo, after serving copy to the learned counsel on both sides. 14.
13. The learned State Attorney has made available for the perusal of this Court the minutes of the aforesaid meetings. The learned State Attorney would submit that a copy of those minutes are being placed on record, along with a memo, after serving copy to the learned counsel on both sides. 14. According to ‘Agama Sastra’ Hindu temples represent the culmination of social and religious aspirations of a society. The temple is the focal point in the life of a community and often represents its pride, identity and unity. It draws into its fold people from its various segments and denominations and binds them together. The worship that takes place in the sanctum santorum and within the temple premises is important; so are the festivals and occasional processions that involve the direct participation of the entire community. They complement each other. While the worship of the deity in the sanctum sanctorum might be an individual’s spiritual or religious need; the festivals are the expression of a community’s joy, exuberance, devotion and pride and are also an idiom of a community‘s cohesiveness. 15. The Travancore-Cochin Hindu Religious Institutions Act, 1950 , was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. 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. 16. Section 73A of the Act deals with duties of the Board.
16. 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. 17. Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of sub- section (2) of Section 62, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Cochin prior to the 1 st day of July, 1949 in respect of incorporated and unincorporated Devaswoms and Institutions shall vest in and be exercised by the Board in accordance with the provisions of the Act. 18. During the course of arguments, the learned Senior Counsel/learned counsel for the petitioner in the respective writ petitions would point out the necessity of formulating a comprehensive scheme/guidelines/standard operating procedure to ensure proper conduct of Thrissur Pooram in future. 19. The learned Standing Counsel for Cochin Devaswom Board and the respective counsel for Thiruvambadi Devaswom and Paramekkavu Devaswom would submit that there will be a joint effort by all the three Devaswoms to ensure that the entire activities in connection with Thrissur Pooram for the year 1200ME (2025), which is scheduled to be held on 06.05.2025 and 07.05.2025, are performed promptly, according to the practice prevalent in Vadakkumnathan Devaswom. 20. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of these writ petitions, after recording the aforesaid submission made on behalf of Cochin Devaswom Board, Thiruvambadi Devaswom and Paramekkavu Devaswom, and by directing the 1 st respondent State through the State Police Chief and the District Police Chief, Thrissur City to ensure proper and effective crowd management during Thrissur Pooram of the year 1200ME (2025) scheduled to be held on 06.05.2025 and 07.05.2025, based on the Police Bandobast Scheme already prepared.
The District Police Chief, Thrissur City shall ensure that experienced police personnel are posted to supervise crowd management at important locations. The District Collector, Thrissur, shall ensure that there is proper coordination in the activities relating to Thrissur Pooram by the officers of the District Administration. The District Collector shall also coordinate the activities of Thrissur Municipal Corporation in connection with Thrissur Pooram, to ensure that there is proper and timely disposal of the waste generated during the festival. The list of volunteers by Thiruvambadi Devaswom and the Paramekkavu Devaswom shall be provided to the District Collector, Thrissur on or before 25.04.2025. The State Police Chief shall closely monitor the law and order situation in connection with Thrissur Pooram for the year 1200ME (2025), who shall issue necessary directions to the District Police Chief, Thrissur City, if found necessary. The directions issued by the District Police Chief and the District Collector, as part of crowd management and for maintaining law and order, shall be complied with, in letter and spirit, by all concerned, in order to ensure the safety of the devotees and the public. The Cochin Devaswom Board, Paramekkavu Devaswom and Thiruvambadi Devaswom shall ensure that the entire activities in connection with Thrissur Pooram for the year 1200ME (2025), which is scheduled to be held on 06.05.2025 and 07.05.2025, are performed promptly, according to the practice prevalent in Vadakkumnathan Devaswom.