Jyothish.C vs. State Of Kerala

WP(C)/42081/2023HC KeralaGSTCNR KLHC01094121202315 December 2023Bench: HONOURABLE MR. JUSTICE ANIL K.NARENDRAN,HONOURABLE MR. JUSTICE G.GIRISH35 pages
For Petitioner: J.VISHNU, SAJITH KUMAR V
AI SummaryAllowed

Held

The High Court ruled that temple premises cannot be used for non-religious programs like 'Nava Kerala Sadas'. It found the Board failed its statutory duties and flouted rules by granting permission, which was consequently set aside, and ordered removal of temporary constructions.

Facts

Devotees challenged the Travancore Devaswom Board's permission for a political program, 'Nava Kerala Sadas', to be held in the Devaswom land of Chakkuvally Sree Parabrahma Temple. They contended that such an activity was not connected with worship and violated religious sanctity and statutory provisions.

Key Issues

Whether the Travancore Devaswom Board can permit a non-religious, political event like 'Nava Kerala Sadas' in the premises of a Hindu temple under its management, consistent with constitutional and statutory provisions governing temple administration and public worship.

Sections Cited

Travancore-Cochin Hindu Religious Institutions Act, 1950 (Sections 15A, 31), Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 (Rules 6, 8), Article 25 of the Constitution of India

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH FRIDAY, THE 15TH DAY OF DECEMBER 2023/24TH AGRAHAYANA, 1945 W.P.(C)NO.41819 OF 2023 PETITIONERS:

1 JAYAKUMAR J., AGED 60 YEARS, S/O. JANARDHANAN N., RESIDING AT KARAMEL VADAKKATHIL VEEDU, THURUTHIKKARA P.O., KUNNATHOOR, KOLLAM, PIN - 690540 2 OMANAKUTTAN PILLAI B., AGED 60 YEARS, S/O. BHASKARAN PILLAI, RESIDING AT ANOOP BHAVANAM, KIDANGAYAM, KANNIMEL NORTH, MYNAGAPPALLY P.O., KOLLAM, PIN - 690515

BY ADVS. J.VISHNU SAJITH KUMAR V.

RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD HEADQUARTERS, NANATHANCODE, KAWDIAR P. O., THIRUVANANTHAPURAM, PIN - 695003 3 ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY GROUP, CHAKKUVALLY, KOLLAM, PIN - 691001

W.P.(C)Nos.41819 and 42081 of 2023 2

4 THE SUB GROUP OFFICER, TRAVANCORE DEVASW

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