IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 22310 of 2011(K) -------------------------- PETITIONER(S): ---------------------- THIRUNAKKARA MAHADEVA TEMPLE ADVISORY COMMITTEE, REPRESENTED BY ITS PRESIDENT P. JAYAN, THIRUNAKKARA, KOTTAYAM. BY ADV. SRI.S. KRISHNAMOORTHY RESPONDENT(S): ------------------------ 1. TRAVANCORE DEVASWOM BOARD REP BY ITS SECRETARY, O/O TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM – 695 001. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM – 695 001. 3. ASSISTANT COMMISSIONER, THIRUNAKKARA DEVASWOM, THIRUNAKKARA – 686 001. 4. ADMINISTRATIVE OFFICER THIRUNAKKARA DEVASWOM THIRUNAKKARA, KOTTAYAM – 686 001. R1 TO R4 BY ADV. SRI. K. N. VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 22310 of 2011(K) APPENDIX PETITIONER'S EXHIBITS EXT. P1 COPY OF THE RECOMMENDATION LETTER DT. 22.07.2011 GIVEN BY THE 3RD RESPONDENT TO THE ADMINISTRATIVE OFFICER. EXT. P2 COPY OF THE NOTICE ISSUED BY THE KUNNATH KALLATHIL FAMILY MEMBERS. RESPONDENT'S ANNEXURE ANNEXURE 1 COPY OF TWO PHOTOGRAPHS /TRUE COPY/ P. A. TO JUDGE PN Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.22310 of 2011-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of December, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.The Thirunakkara Mahadeva Temple Advisory Committee has filed this writ petition contending that Siva Sakthi Auditorium belonging to the Devaswom is being put to use for purposes other than those relatable to religion and that on political and other considerations, public functions are permitted to be held there. The cause of action for the writ petition is the publication of a notice for a function where a boy was appropriately complimented and awarded by a jeweller for prompt action taken by him which led to the apprehending of certain persons who are involved in theft. The affidavit of the Board WPC22310/11 -: 2 :- categorically says that permission was granted to Sree Narayana Samskarika Samithy and that the programme cannot be denounced on any ground referable to political affiliation, going by the photographs produced along with the affidavit. We are told that reputed personalities from different walks of life, including those holding different political ideologies, participated in the programme where the boy was complimented. Elected representatives of the People were also present. 2.Faith, belief etc. attendant to temple worship are matters intricately connected with rituals and other aspects of worship. This will also include matters relating to the temple. At the same time, we need to notice that religion is a larger concept and the purpose of religion is the progression of the society. The activity carried out in the auditorium as evidenced by the materials is one complimenting and honouring an youngster who stood up on the face of the WPC22310/11 -: 3 :- commission of offences. While the programme was held to honour him, it is also a positive way of sending out a message to the public at large as to how the society expects individuals to conduct themselves and contribute to the larger good. The action of the boy Shijo Mathew is essentially a laudable one in terms of the Directive Principles of State Policy and also the Fundamental Duties of the citizens as enshrined in the Constitution. We, therefore, cannot pass off the function as a purely political exercise. 3.Be that as it may, during the course of the writ petition, we had required the petitioner Temple Advisory Committee to point out whether it would take up the responsibility to conduct Akhanda Namajapam and put the hall to better utility. They have come up with their acceptance of the suggestion. The Board would say that it needs to generate income to pay off the expenditure for electricity etc. We are unable to agree with the stand of the Board authorities that even for WPC22310/11 -: 4 :- conducting the Akhanda Namajapam, the TAC has to pay charges for occupation of the hall. So long as TAC is one approved by the Devaswom Board, that committee should be permitted to carry out such activities as would further the purpose of its existence. This includes proper programmes like Akhanda Namajapam where devotional participation by the people would become a reality. 4.For the aforesaid reasons, while the challenge raised in the writ petition is repelled, we order that when the Siva Sakthi Auditorium is not let out for any other purposes, the TAC would be permitted by the Board authorities to have Akhanda Namajapam or other devotional programmes without incurring any expenditure beyond any skeletal requirement of supply of electrical energy. Obviously, if the TAC is generating any contribution for this purpose, such contribution shall also be collected only by utilizing the sealed receipts issued by the Devaswom officials WPC22310/11 -: 5 :- and that shall also be subjected to proper audit following the procedure in place for auditing TAC accounts. In the event of such functions which are funded by public, the Board will also collect appropriate charges for electricity from the TAC. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. C.T.Ravikumar, Judge. Sha/