Kerala High Court
N.Prakash vs S Bindu on 27 March, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
CON.CASE(C) NO. 723 OF 2025 1 2025:KER:27281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
CON.CASE(C) NO. 723 OF 2025
AGAINST THE JUDGMENT DATED 14.02.2023 IN WP(C) NO.4729 OF
2023 OF HIGH COURT OF KERALA
PETITIONER/NOT A PARTY TO W.P.(C)NOS.4729 OF 2023 AND 5079 OF
2023:
N.PRAKASH,
AGED 60 YEARS,
PRAJITH VIHAR, AYINI ROAD, MARADUI P.O., ERNAKULAM,
PIN - 682304.
BY ADV N.PRAKASH(Party-In-Person)
RESPONDENTS/1ST RESPONDENT HEREIN IS 2ND RESPONDENT AND OTHER
RESPONDENTS NOT PARTIES TO W.P.(C)NOS.4729 AND 5079 OF 2023:
1 S. BINDU,
SECRETARY, TRAVANCORE DEVASWOM BOARD NANTHANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003.
2 J.UNNIKRISHNAN NAIR,
ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM
BOARD, PUNALUR GROUP, KOLLAM, PIN - 691305.
3 S.RADHAKRISHNAN THIRUMENI,
SUB GROUP OFFICER TRAVANCORE DEVASWOM BOARD, KADAKKAL
GROUP, CHAKKUVALLY, KOLLAM, PIN - 691536.
CON.CASE(C) NO. 723 OF 2025 2 2025:KER:27281
4 ADV.R.RAHUL KRISHNAN,
SECRETARY THIRUVATHIRA MAHOLSAVA COMMITTEE KADAKKAL
PEEDIKA DEVI TEMPLE KRISHNA VILASAM, ALTHARAMOOD,
KADAKKAL KOLLAM, PIN - 695102.
OTHER PRESENT:
SRI. G. BIJU, SC, TDB
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 723 OF 2025 3 2025:KER:27281
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this contempt case, invoking the
provisions under Section 12 of the Contempt of Courts Act, 1971,
alleging willful disobedience of the directions contained in
Annexure A1 judgment of this Court dated 14.02.2023 in
W.P.(C)No.4729 of 2023 – Major Vellayani Devi Temple
Advisory Committee v. State of Kerala [2023 (2) KHC 290],
by not taking sufficient measures to ensure that politics has no
role to play in the conduct of daily worship, ceremonies and
festivals in temples. The instance pointed out in this contempt
case in connection with the annual festival of Kadakkal Devi
Temple, which is a temple under the management of the
Travancore Devaswom Board, is regarding a programme
conducted on 10.03.2025, in which one singer named Aloshi
performed political songs and displayed flags of a political party in
the background.
2. The said incident is the subject matter of
W.P.(C)No.10893 of 2025 filed before this Court on 17.03.2025, in
CON.CASE(C) NO. 723 OF 2025 4 2025:KER:27281
which this Court has passed a detailed order on 18.03.2025. The
said order reads thus;
“The petitioner, who is a devotee of Kadakkal Devi Temple,
which is a temple under the management of the 2 nd
respondent Travancore Devaswom Board, has filed this writ
petition under Article 226 of the Constitution of India,
seeking a writ of mandamus restraining the 1st respondent
Temple Advisory Committee of Kadakkal Devi Temple, the 2nd
respondent Travancore Devaswom Board and its
Commissioner and Deputy Commissioner, namely,
respondents 3 and 4, from using the premises of Kadakkal
Devi Temple for the promotion, endorsement or facilitation
of any political party or for political activities and to ensure
that the temple remains solely dedicated to religious and
cultural activities; and a declaration that the 1st respondent
Temple Advisory Committee of Kadakkal Devi Temple and the
2nd respondent Travancore Devaswom Board shall not misuse
the premises of Kadakkal Devi Temple for any purpose other
than religious and spiritual activities, ensuring that the
sanctity and traditional character of the temple are
preserved.
2. Going by the averments in the writ petition, on
10.03.2025, during the annual festival of Kadakkal Devi
Temple for the year 1200ME (2025), one singer named
Aloshy performed political songs and displayed flags of a
political party in the background, which were inappropriate
for the occasion and deeply hurt the sentiments of the
CON.CASE(C) NO. 723 OF 2025 5 2025:KER:27281devotees. The said singer, who was invited by the 1 st
respondent Temple Advisory Committee, sang political
songs, namely, ‘Pushpane Ariyamo’, ‘Nooru Nooru Pookkale’
and ‘DYFI zindabad’. The 1st respondent Temple Advisory
Committee, influenced by political interests, granted
approval for such performances. The 2nd respondent
Travancore Devaswom Board failed to take any action to
ensure that the temple premises is not used for the
propaganda of political parties. The actions of respondents 1
and 2 have caused emotional disruptions to the devotees,
violating the sanctity of the temple festival.
3. In Sinilkumar E.K. v. Travancore Devaswom Board
[2023 (5) KHC 85], in the context of ‘Pooram festival’ in
Cherthala Karthiyayini Devi Temple, which is a temple under
the management of the Travancore Devaswom Board, a
Division Bench of this Court in which one among us [Anil K.
Narendran, J.] was a party noticed that 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 sanctorum 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
CON.CASE(C) NO. 723 OF 2025 6 2025:KER:27281
the expression of a community’s joy, exuberance, devotion
and pride and are also an idiom of a community’s
cohesiveness.
4. Section 15A of the Travancore-Cochin Hindu Religious
Institutions Act, 1950 deals with the duties of the Travancore
Devaswom Board, which includes the duty to see that the
regular traditional rites and ceremonies according to the
practice prevalent in the religious institutions are performed
promptly. The constitution of a Temple Advisory Committee
in a temple under the management of the Travancore
Devaswom Board is governed by the bye-laws (Rules)
framed under sub-section (3) of Section 31A of the Act.
5. In Major Vellayani Devi Temple Advisory
Committee v. State of Kerala [2023 (2) KHC 290], a
Division Bench of this Court in which one among us [Anil K.
Narendran, J.] was a party held that, in view of 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 the temple under its management
are performed promptly; and to establish and maintain
proper facilities in the temple for the devotees. Subject to
the provisions of Part I of the Act and the Rules made
thereunder, the Board shall manage the properties and
affairs of the temple and arrange for the conduct of the daily
worship and ceremonies and of the festivals in the temple
according to the usage. The Temple Advisory Committee of
a temple under the management of the Travancore
CON.CASE(C) NO. 723 OF 2025 7 2025:KER:27281
Devaswom Board, which consists of devotees who fall under
the eligibility criteria prescribed in Clause (3) of the bye-laws
(Rules) framed under sub-section (3) of Section 31A of the
Act, is duty bound to render necessary assistance to the
Board and its officials for the smooth functioning of the
temple activities and festivals according to the usage.
6. In Major Vellayani Devi Temple Advisory
Committee [2023 (2) KHC 290] this Court noticed that
according to the Oxford Dictionary, ‘worshipper’ is a person
who shows reverence and adoration for a deity. Right to
worship is a civil right, of course in an accustomed manner
and subject to the practice and tradition in each temple. A
worshipper or a devotee has no legal right to insist
that saffron/orange-coloured decorative materials alone are
used for festivals in a temple under the management of the
Travancore Devaswom Board. Similarly, the District
Administration or the Police cannot insist that only ‘politically
neutral’ coloured decorative materials are used for temple
festivals. In the said decision, this Court has made it clear
that politics has no role to play in the conduct of daily
worship, ceremonies and festivals in temples.
7. In Hindu Seva Kendram v. State of Kerala and others
[2023 (3) KHC 258] a Division Bench of this Court in which
one among us [Anil K. Narendran, J.] was a party reiterated
that politics has no role to play in the conduct of daily worship
and ceremonies and festivals in temples. In the said decision,
it was held that cultural or social activities unconnected with
temple worship have no role to play in temple festivals.
CON.CASE(C) NO. 723 OF 2025 8 2025:KER:27281
8. In G. Vyasan v. State of Kerala and others
[2023:KER:52256] in the context of Circular
ROC.No.489/2021/VIG issued by the Devaswom
commissioner dated 30.03.2021 and Circular
ROC.No.17/223/VIG issued by the Travancore Devaswom
Board dated 18.05.2023, a Division Bench of this Court, in
which one among us [Anil K. Narendran, J.] was a party, held
that temple premises of Sree Sarkara Devi Temple, cannot
be used for conducting mass drill or weaponry training by the
devotees or a group of persons.
9. Today, we have viewed in open Court Ext.P2 video footage
of the program held on 10.03.2025, in connection with the
annual festival of Kadakkal Devi Temple for the year 1200ME
(2025), in which one singer named Aloshy performed
political songs and displayed flags of DYFI in the background
of the stage, which are inappropriate for the occasion, and
will certainly hurt the sentiments of the devotees. Further,
politics has no role to play in the conduct of daily worship,
ceremonies and festivals in temples. Three screenshots
taken from Ext.P2 video footage are extracted hereunder;
CON.CASE(C) NO. 723 OF 2025 9 2025:KER:27281
10. Having considered the materials on record and
preliminary submissions made at the Bar, in the light of the
law laid down in the decisions referred to supra, we prima
facie find that a program like the one seen in Ext.P2 video
clipping should not have been permitted to be performed in
connection with the annual festival or any ceremony in a
temple under the management of the 2nd respondent
Travancore Devaswom Board.
11. The submission made by the learned Standing Counsel
for Travancore Devaswom Board is that the aforesaid
program was fixed by the 1st respondent Temple Advisory
Committee and the program notice was not submitted for the
approval of the 3rd respondent Devaswom Commissioner.
CON.CASE(C) NO. 723 OF 2025 10 2025:KER:27281
Prima facie, we are not impressed with the above submission
made by the learned Standing Counsel for the Board. As
evident from Ext.P2 video footage, the stage in the temple
premises is fitted with LED screen panels, LED lights,
flashlights, DJ lights, etc., spending large amounts.
12. In Murukan K.K. v. Travancore Devaswom Board
[2015 (1) KHC SN 17], this Court held that in view of the
law laid down in Arjunan T.N. v. President, Temple
Advisory Committee and others [2012 (4) KHC 155],
the collection of funds by the Temple Advisory Committee,
based on the approval granted by the Board, against receipts
with the seal of the Assistant Commissioner, in connection
with the conduct of temple festival or for construction, repair
or renovation work in the temple, is collection of money in
the name of the deity. The purpose of such a collection is for
the benefit of the deity. Therefore, the Travancore
Devaswom Board has to ensure that the amounts collected
by the Temple Advisory Committees in the temples under its
management in connection with the conduct of temple
festival or for construction, repair or renovation work in the
temple, which are credited to the account of the Advisory
Committee, are transferred to the Devaswom fund
temporarily. Thereafter, adopting the method of issuing
payment cheques from the Devaswom fund, on the basis of
payment bills prepared by the Maramath wing of the Board,
payments can be released to the contractor. If such a
procedure is adopted, the supervision of the Maramath wing
of the Board will be more effective and the work files can be
CON.CASE(C) NO. 723 OF 2025 11 2025:KER:27281
kept in the Maramath wing, which can be subjected to
regular audit by the State Audit Department annually.
13. In Santharam Roy T.S. v. Travancore Devaswom
Board and others [2022 (2) KHC 595], a Division Bench
of this Court in which one among us [Anil K. Narendran, J.]
was a party found that the provisions under Clause (3) of the
bye-laws (Rules) framed under sub-section (3) of Section
31A of the Travancore-Cochin Hindu Religious Institutions
Act, 1920 for constituting Temple Advisory Committees in
temples under the management of the Travancore
Devaswom Board make it explicitly clear that the
membership in ‘registered mandalam’ is mainly for the
devotees who are residing within a distance of 5 kms from
the temple, who are regular worshipers and had contributed
considerably for the betterment of the temple and the
devotees.
14. A Temple Advisory Committee in a temple under the
management of Travancore Devaswom Board is permitted to
collect money from the devotees in connection with the
conduct of the annual festival or any ceremony in the temple
only against receipts with the seal of the Assistant
Commissioner. Such collection of money is in the name of the
deity, who is a perpetual minor. The money collected, either
as a donation or by way of sponsorship, has to be utilised
with utmost care and caution since the role assigned to
Travancore Devaswom Board is that of a trustee in the
management of the properties vested in the deity, and the
role assigned to a Temple Advisory Committee, which
CON.CASE(C) NO. 723 OF 2025 12 2025:KER:27281
consists of devotees who fall under the eligibility criteria
prescribed in Clause (3) of the bye-laws (Rules), is to render
necessary assistance to the Board and its officials for the
smooth functioning of the temple activities and festivals
according to the usage. It is for the Board to take necessary
steps to ensure that the money collected by the Temple
Advisory Committee, either as a donation or by way of
sponsorship, in connection with the conduct of the annual
festival or any ceremony in the temple, is properly accounted
and subjected to audit by the Kerala State Audit Department,
Travancore Devaswom Board Audit.
15. Admit. The learned Standing Counsel for Travancore
Devaswom Board takes notice for respondents 2, 3, 4 and
additional respondents 7 and 8 and the learned Senior
Government Pleader for the 5th respondent and the
additional 6th respondent.
16. Issue notice to the 1st respondent by special messenger,
returnable by 27.03.2025.
17. The learned Standing Counsel for Travancore Devaswom
Board would point out Circular ROC.No.17822/23/NS2 dated
20.10.2023 issued by the 3rd respondent Commissioner.
Clauses (4) to (7) of the said circular read thus;
“4. ക്ഷേത്ര ഉപക്ഷേശകസമിരികൾ രയ്യാറാക്കുന്ന
എല്ലാ അച്ചടി സാമത്രികളുും അച്ചടിക്കുന്നരിന് മുൻപ്
ആയവയുടട കരട് ബന്ധടെട്ട ക്ഷേവസവും ക്ഷബാർഡ്
ഉക്ഷേയാരസ്ഥൻ മുമ്പാടക ക്ഷബാധ്യടെടുത്തി
ക്ഷരഖാമൂലും അുംരീകാരും വാക്ഷേണ്ടരാണ്.
5. ഏടരങ്കിലുും കൂട്ടായ്മ കളുക്ഷടക്ഷയാ സമുോയ
സുംഘടനകളുക്ഷടക്ഷയാ, രാഷ്്ത്ടീയ
CON.CASE(C) NO. 723 OF 2025 13 2025:KER:27281സുംഘടനകളുക്ഷടക്ഷയാ ഭാരമായി ഉപക്ഷയാരിക്കുന്ന
ചിഹ്നേൾ, മുത്ോവാകയേൾ എന്നിവ യാടരാരു
കാരണവശാലുും ഉപക്ഷയാരിക്കാൻ പാടില്ല.
6. ഇക്കാരയത്തിൽ വീഴ്ച വരുത്തുന്ന ക്ഷേത്ര
ഉപക്ഷേശകസമിരി കൾടക്കരിടര സൂചന (1)-ൽത്പരിപാേിച്ചിരിക്കുന്ന വിജ്ഞാപനത്തിടല ബന്ധടെട്ട
വകുെുകൾ ത്പകാരും നടപടി സവീകരിക്കുന്നരാണ്.
7. ക്ഷേത്ര ഉപക്ഷേശകസമിരികളിൽ നിന്നുും ക്ഷമൽ
സൂചിെിച്ചവയിൽ വീഴ്ചകൾ ഉണ്ടാവുകയാടണങ്കിൽ
വിശേമായ റിക്ഷൊർട്ടുകൾ ക്ഷബാർഡിക്ഷലയ്ക്ക്
അറിയിക്കു ന്നരിന് ത്രൂെ് അസിസ്റ്റന്റ് ക്ഷേവസവും
കമ്മീഷ്ണർമാടര ചുമരലടെടുത്തുന്നു.”
18. The learned Standing Counsel would submit that the
President of the Board has already directed the Chief
Vigilance and Security Officer (Superintendent of Police),
who heads the Vigilance Wing of the Board, to conduct an
enquiry and submit a report on the incident that happened
on 10.03.2025. The Assistant Devaswom Commissioner has
issued a show cause notice to the Temple Advisory
Committee. The explanation offered by the Temple Advisory
Committee has already been forwarded to the Devaswom
Commissioner, along with a report dated 17.03.2025 of the
Assistant Devaswom Commissioner, which will be placed
before the Board for its consideration.
19. The 2nd respondent Travancore Devaswom Board shall
file a counter affidavit in this writ petition within a week,
explaining the facts and circumstances with specific
reference to the directions contained in the decisions referred
to supra, and also the proceedings initiated against the 1st
CON.CASE(C) NO. 723 OF 2025 14 2025:KER:27281
respondent Temple Advisory Committee.
20. Having considered the materials on record and
preliminary submissions made at the Bar, in the light of the
law laid down in the decisions referred to supra, we deem it
appropriate to pass an interim order directing the 2 nd
respondent Travancore Devaswom Board to take necessary
steps to ensure that a program like the one seen in Ext.P2
video clipping is not permitted to be performed in connection
with the annual festival or any ceremony in a temple under
the management of the Board. No organisation or group of
devotees shall be permitted to collect money from the
devotees, either as a donation or by way of sponsorship, in
connection with the conduct of the annual festival or any
ceremony in the temple. The Board shall also ensure that the
money collected by the Temple Advisory Committee, either
as a donation or by way of sponsorship, in connection with
the conduct of the annual festival or any ceremony in the
temple, is properly accounted and audited.”
3. The said writ petition is listed today as item No.13, in
which this Court has passed another order and the matter now
stands posted to tomorrow (28.03.2025).
4. The petitioner, who appeared in person, seeks
permission to withdraw this contempt case, taking note of the
pendency of W.P.(C)No.10893 of 2025.
Based on the aforesaid submission made by the petitioner,
CON.CASE(C) NO. 723 OF 2025 15 2025:KER:27281
who appeared in person, this contempt case is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
DSV/-
CON.CASE(C) NO. 723 OF 2025 16 2025:KER:27281
APPENDIX OF CON.CASE(C) 723/2025
PETITIONER’S ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NOS.4729 OF 2023 AND 5079 OF 2023 DATED
14.2.2023 REPORTED IN MAJOR VELLAYANI DEVI
TEMPLE ADVISORY COMMITTEE V. STATE OF
KERALA [2023 (2) KHC 290].
Annexure A2 TRUE COPY OF THE JUDGMENT DATED 18.12.2023
IN W.P.C.NOS.42057 AND 42373 OF 2023.
Annexure A3 THE VIDEOS TELECASTED BY CHANNELS JANAM TV
(CONFIDENTIAL/SEALED COVER).
Annexure A4 THE VIDEO UPLOADED IN FACEBOOK BY
https://www.facebook.com/profile.php?id=100
080066951610 (CONFIDENTIAL/SEALED COVER).
Annexure A5 THE PHOTOGRAPH SHOWING THE FLAG OF DYFI AND
CPM SYMBOL
Annexure A6 ” ” WITH THE SYMBOL OF COMMUNIST
PARTY OF INDIA (MARXIST) IN THE BACKGROUND
DURING THIRUVATHIRA 2024 IN KADAKKAL
PEEDIKA DEVI TEMPLE (CONFIDENTIAL/SEALED
COVER).
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