Kerala High Court
N.Prakash vs Travancore Devaswom Board on 23 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
RD
SATURDAY, THE 23 DAY OF AUGUST 2025 / 1ST BHADRA, 1947
WP(C) NO. 18661 OF 2025
PETITIONER:
N.PRAKASH, AGED 61 YEARS, PRAJITH VIHAR, AYINI ROAD, MARADU
P.O, ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(PARTY-IN-PERSON)
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003
2 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
HOUSEFED COMPLEX, ERANHIPPALAM PO. KOZHIKODE, PIN - 673006
3 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE
OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR- 680001
4 KSHETHRA VIKASANA SAMITHY, SREE INDILAYAPPAN TEMPLE
AVANAVANCHERRY, ATTINGAL THIRUVANANTHAPURAM, REPRESENTED BY
ITS SECRETARY GIBI G.R, PIN - 695103
5 ARUN R.S, PRESIDENT, KSHETHRA VIKASANA SAMITHY, SREE
INDILAYAPPAN TEMPLE AVANAVANCHERRY, ATTINGAL
THIRUVANANTHAPURAM, PIN - 695103
6 EXECUTIVE OFFICER, TALI MAHA KSHETRAM CHALAPPURAM( PO ),
KOZHIKODE, PIN - 673002
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7 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE (DEVASWOM) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
8 ADDL.R8: SASIDHARA KURUP,
TREASURER, GOVERNING BODY, SREE INDILAYAPPAN TEMPLE,
AVANAVANCHERRY, ATTINGAL, THIRUVANANTHAPURAM - 695 103.
9 ADDL.R9: BIJUKUTTAN,
VICE PRESIDENT, GOVERNING BODY, SREE INDILAYAPPAN TEMPLE,
AVANAVANCHERRY, ATTINGAL, THIRUVANANTHAPURAM-695 103.
0 ADDL.R10: BIJU NAMBUMADHOM,
VICE PRESIDENT, GOVERNING BODY, SREE INDILAYAPPAN TEMPLE,
AVANAVANCHERRY, ATTINGAL, THIRUVANANTHAPURAM-695 103.
11 ADDL.R11: ANOOP, JOINT SECRETARY, GOVERNING BODY, SREE
INDILAYAPPAN TEMPLE, AVANAVANCHERRY, ATTINGAL,
THIRUVANANTHAPURAM-695 103.
12 ADDL.R12: ANILKUMAR, JOINT SECRETARY, GOVERNING BODY, SREE
INDILAYAPPAN TEMPLE, AVANAVANCHERRY, ATTINGAL,
THIRUVANANTHAPURAM-695 103.
13 ADDL.R13: K.C.RAMACHANDRAN RAJA,
ZAMORIN OF KOZHIKODE, MANAGING TRUSTEE, THALI MAHA
KSHETHRAM, KOZHIKODE, VALAYANAD, KOMMERY P.O., KOZHIKODE-673
007. (ADDL.R8 TO R13 ARE IMPLEADED AS PER ORDER DATED
30.05.2025 IN IA NO.1/2025 IN WP(C) NO.18661/2025.)
BY ADVS.
SMT.R.RANJANIE, SC, MALABAR DEVASWOM BOARD
SHRI.K. P. SUDHEER, SC, CDB
SHRI G. BIJU, SC, IDB
SHRI S. RAJMOHAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.08.2025, THE COURT ON 23.08.2025 DELIVERED THE FOLLOWING:
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JUDGMENT
K. V. Jayakumar, J.
The above captioned Writ Petition is filed by Sri. N. Prakash, claiming the
following reliefs.
i. Declare that Religious Institutions (Prevention of Misuse) Act,
1988 applies to every religious institution as defined under
Section 2(f) of the Act, coming within the limits of respondents
1 to 3, notwithstanding the fact that the religious institution is
not under the management of a particular Devaswom Board.
ii. Issue a writ of mandamus or any other appropriate writs,
directions or orders directing respondents 1 to 3 to ensure that
the premises of religious institutions coming within their limits
are not used for the promotion, endorsement or facilitation of
any political party or for political activities.
iii. Issue a writ of mandamus or any other appropriate writs,
directions or orders directing respondents 1 to 3 to ensure that
the religious institutions coming within their limits remain
solely dedicated to religious, spiritual and cultural activities,
ensuring that the sanctity and traditional character of the
religious institutions are preserved.
iv. Issue a writ of mandamus or any other appropriate writs,
directions or orders directing the first respondent to proceed
under Section 7 of Religious Institutions (Prevention of Misuse)
Act, 1988 against respondents 4 and 5, as requested for in
Exhibit P5, within a time limit to be fixed by this Honourable
Court.
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v. Issue a writ of mandamus or any other appropriate writs,
directions or orders directing the sixth respondent to proceed
under Section 7 of Religious Institutions (Prevention of Misuse)
Act, 1988 against those who raised party slogans during the
“muhurtham” of marriage function held on 27.4.2025 as is
revealed from Exhibit P4, within a time limit to be fixed by this
Honourable Court.
2. The petitioner states that the Nayveyppu Maholsavam was
celebrated in the Sree Indilayappan Temple, Attingal, from 04.04.2025 to
12.04.2025 and Avanincherry Pooram was celebrated on 09.04.2025. In
connection with the said celebrations, the 4th respondent, Kshethara Vikasana
Samithy, has published Ext.P1 notice on their Facebook page having URL
https://www.facebook.com/ avanincherypooram#.
3. It is submitted that a drama named ‘നിങ്ങളെന്നെ കമ്മ്യൂണിസ്റ്റാക്കി ‘ by K. P.
A. C. was scheduled on 07.04.2025 at 9.00 pm. A Ghazal Night by singer Aloshi
was also scheduled on 11.04.2025.
4. The contention of the petitioner is that in the Ghazal Night by
Aloshi, he performed political songs like ‘Nooru Nooru Pookkale’ and ‘Lal Salam’,
which were inappropriate for the occasion and deeply hurt the sentiments of the
devotees. The 4th respondent, Kshethara Vikasana Samithy, due to their political
interest, granted approval for such performances.
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5. The petitioner further states that the singer, Aloshi, made an
announcement over the mike that he performed the songs as per the request of
the office bearers of the temple and that, if any issue arises, the office bearers
should take the responsibility. In support of his claim, the petitioner has
produced Ext.P2 video clip broadcasted by Janam TV on 24.04.2025. The
petitioner, Sri. N. Prakash, would further point out that the singer, Aloshi,
performed political songs on 10.03.2025 during the annual festival of Kadakkal
Devi Temple, and an FIR was registered against him. When he performed the
political songs, the flags of the political party were also displayed.
6. The petitioner further submitted that on 27.04.2025, during a
marriage function conducted in ‘Kailasa Mandapam’ of Tali Maha Kshethram,
Kozhikode, the slogans of the Communist Party like ‘SFI Zindabad’ were raised.
The petitioner produced Ext.P4 video clip published by Jananm TV on
01.05.2025.
7. The petitioner would further submit that under Section 15A of the
Travancore-Cochin Hindu Religious Institutions Act, 1950, it is the duty of the
Devaswom Board to see that the regular traditional rites and ceremonies are
performed according to the practice prevalent in the religious institutions. The
petitioner has placed reliance on the decisions of this Court in Hindu Seva
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Kendram v. State of Kerala and others1 and Sinilkumar E. K. v.
Travancore Devaswom Board2. In Hindu Seva Kendram (supra), a Bench
of this Court reiterated that politics has no role to play in the conduct of daily
worship and ceremonies and festivals in temples.
8. The main grievance projected by the petitioner is that the temple
premises were used for the promotion of political activities. Such activities are
inappropriate and hurt the feelings of the devotees. He has pointed out several
instances at the Tali Temple, Kozhikode, Sree Indilayappan Temple, Attingal and
Kadakkal Devi Temple.
9. The 2nd respondent filed a counter affidavit contending that it is
not pragmatic to issue any directions by the Devaswom Boards regulating the
selection of any forms of events or performing acts, other than those connected
with the customary poojas, rites, and rituals of the temple. The right of
administration of the temples, within the purview of the Hindu Religious and
Charitable Endowments Act (HR & CE Act), 1951 is vested with the Trustees and
they are bound to administer the temple in accordance with the terms of the
Trust deed and usages of the institution. Further, it is submitted that any misuse
1
2023 (3) KHC 258
2
2023 (5) KHC 85
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of the temple and its precincts, violating the provisions of the Religious
Institutions (Prevention of Misuse) Act, 1988 (‘the Act’, for the sake of brevity),
is actionable under the said Act for which direction from this Court seems to be
unnecessary. Moreover, innumerable people had participated, and enjoyed the
cultural events referred to in the Writ Petition. The learned Standing Counsel for
the 2nd respondent would further submit that the Writ Petition is not
maintainable, since the civil or constitutional rights of the petitioner were not
infringed.
10. We have carefully considered the submissions of the petitioner and
the learned counsels for the respondents.
11. Before proceeding further, it would be useful to refer to various
provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, Act
No.41 of 1988 (hereinafter referred to as ‘the Act’). The object of the Act is to
prevent the misuse of religious institutions for political and other purposes.
12. Section 3 of the Act states that a religious institution or its
manager shall not use or allow the use of its premises for the promotion and
propagation of any political activities. Section 3 of the Act reads thus:
“3. Prohibition of use of religious institutions for certain
purposes.–
No religious institution or manager thereof shall use or allow the
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use of any premises belonging to, or under the control of, the
institution–
(a) for the promotion or propagation of any political activity; or
(b) for the harbouring of any person accused or convicted of an
offence under any law for the time being in force; or(c) for the storing of any arms or ammunition; or
(d) for keeping any goods or articles in contravention of any law
for the time being in force; or(e) for erecting or putting up of any construction or fortification,
including basements, bunkers, towers or walls without a valid
licence or permission under any law for the time being in force;
or
(f) for the carrying on of any unlawful or subversive act
prohibited under any law for the time being in force or in
contravention of any order made by any court; or(g) for the doing of any act which promotes or attempts to
promote disharmony or feelings of enmity, hatred or ill-will
between different religious, racial, language or regional groups
or castes or communities; or
(h) for the carrying on of any activity prejudicial to the
sovereignty, unity and integrity of India; or(i) for the doing of any act in contravention of the provisions of
the Prevention of Insults to National Honour Act, 1971 (69
of1971).”
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13. Section 5 of the Act prohibits the use of funds of religious
institutions for the benefit of any political party. Further, Section 6 of the Act
prohibits that a religious institution or manager thereof shall not allow any
ceremony, festival, congregation, procession etc. organised or held under its
auspices to be used for any political activity. Section 7 of the Act imposes
penalties for the violation of Sections 3, 4, 5 and 6.
14. Section 2 of the Act defines the term ‘political activity’, ‘political
party’ and ‘religious institution’.
” 2. xxxxxxxxx
“(d) “political activity” includes any activity promoting or
propagating the aims or objects of a political party or any cause,
issue or question of a political nature by organising meetings,
demonstrations, processions, collection or disbursement of funds,
or by the issue of directions or decrees, or by any other means,
and includes also such activity by or on behalf of a person seeking
election as a candidate for any election to Parliament, any State
Legislature or any local authority;
(e) “political party” means an association or body of persons–
(i) which is, or is deemed to be, registered, with the Election
Commission of India as a political party under the Election Symbols
(Reservation and Allotment) Order, 1968, as in force for the time
being; or
(ii) which has set up candidates for election to any legislature,
but is not registered, or deemed to be registered, as a political
party, under the Election Symbols (Reservation and Allotment)
Order, 1968; or
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(iii) organised to carry on any political activity or to acquire or
exercise political power through election or otherwise;
(f) “religious institution” means an institution for the promotion
of any religion or persuasion, and includes any place or premises
used as a place of public religious worship, by whatever name or
designation known.”
15. In Sinilkumar E. K. (supra), a Bench of this Court observed that
the temple is the focal point in the life of a community and often represents its
pride, identity and unity.
16. There cannot be any doubt that Section 3 of the Act prohibits the
use of the religious institutions or its premises for propagation and promotion of
political activities. Section 7 of the Act also provides the penalty for the violation
of Sections 3, 4, 5, and 6 of the Act. This Court in Hindu Seva Kendram
(supra) and Sinilkumar E. K. (supra), made it clear that politics has no role to
play in temples. This Court reiterated the same principle in Major Vellayani
Devi Temple Advisory Committee v. State of Kerala3 and Jayakumar J.
v. State of Kerala4.
17. In Vishnu Sunil (Adv.), Panthalam @ Vishnu Sunil v.
Kadakkal Temple Advisory Committee Represented by its Secretary,
3
2023 (2) KHC 290
4
2023 KHC OnLine 866
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Thiruvananthapuram5, this court held that politics has no role to play in
Temple worship, and cultural or social activities unconnected with Temple
worship have no place in Temple festivals. This Court issued directions to the
Travancore Devaswom Board and its officials to take necessary steps to ensure
that no ‘political activity’ as defined in Clause (d) of Section 2 of the Religious
Institutions (Prevention of Misuse) Act, 1988 takes place in any temple under
the management of Travancore Devaswom Board, in connection with any
religious activities, festivals, ceremonies etc., of temple, in contravention of the
provisions of the Act.
Having considered the facts and circumstances of the case, we are of the
view that this Writ Petition can be disposed of with the following directions:
1. The respondents 1 to 3 and its officers shall ensure that the
premises of the religious institutions under their control or
superintendence shall not be used for the promotion or
propagation of any political activity.
2. The respondents 1 to 3 shall ensure that the provisions of the
Religious Institutions (Prevention of Misuse) Act, 1988, are
5
2025 KHC OnLine 445
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scrupulously complied with within the various temples under
their control or superintendence.
3. If any violation of the provisions of Sections 3, 4, 5 and 6 of
the Act were brought to the notice of the respondents 1 to 3
and its officers, shall take necessary steps to inform such
activities to the law enforcing authority without any delay so
that appropriate action can be taken in accordance with law.
4. The respondents 1 to 3 shall issue fresh directives to the
religious institutions under their control of superintendence to
ensure that the provisions of the Act are strictly adhered to.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
BR
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APPENDIX OF WP(C) 18661/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE PUBLISHED BY THE 4TH
RESPONDENT KSHETHRA VIKASANA SAMITHY IN THEIR
FACEBOOK PAGE HAVING URL
HTTPS://WWW.FACEBOOK.COM/ AVANINCHERYPOORAM#
Exhibit P3 TRUE COPY OF FIR NO.0568 OF 2025 DATED 3.4.2025
SUBMITTED BY THE STATION HOUSE OFFICER, KADAKKAL
POLICE STATION BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KADAKKAL
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT AND ITS
SECRETARY ON 27.4.2025 (WITHOUT EXHIBIT P1
THEREIN)
Exhibit P6 TRUE COPY OF THE MAIL FORWARDING EXHIBIT P5 TO
THE FIRST RESPONDENT AND ITS SECRETARY ON
27.4.2025
Exhibit P7 TRUE COPY OF THE EMAIL COMPLAINT SUBMITTED BY THE
PETITIONER ON 27.4.2025 BEFORE THE CIRCLE
INSPECTOR OF POLICE, ATTINGAL, THE SUPERINTENDENT
OF POLICE, THIRUVANANTHAPURAM RURAL AND THE STATE
POLICE CHIEF, POLICE HEADQUARTERS,
THIRUVANANTHAPURAM
Exhibit P8 TRUE COPY OF THE MAIL FORWARDED TO THE PETITIONER
BY THE STATE POLICE CHIEF ON 27.4.2025
Exhibit P9 TRUE COPY OF THE MAIL FORWARDED BY THE SPECIAL
TEAM, PETITION MONITORING CELL, POLICE
HEADQUARTERS TO THE PETITIONER ON 27.4.2025
Exhibit P10 THE CERTIFICATE UNDER SECTION 65B (4) (C) OF THE
EVIDENCE ACT, 1972 READ WITH SECTION 63 OF
BHARATIYA SAKSHYA ADHINIYAM, 2023