IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6490 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------ 1. U. SANJAYKUMAR, PRESIDENT, N.S.S. KARAYOGAM NO.742, KADAVOOR, KANNAMANGALAM VILLAGE, MAVELIKARA TALUK. 2. A. JAYAKUMAR, SECRETARY, N.S.S. KARAYOGAM NO.742, KADAVOOR, KANNAMANGALAM VILLAGE, MAVELIKARA TALUK. 3. P.M. RADHAKRISHNA PILLAI, PRESIDENT, ANJILIPRA DEVI VILASOM N.S.S. KARAYOGAM NO.1188, KANNAMANGALAM VILLAGE, MAVELIKARA TALUK. 4. G. GOPALAKRISHNA PILLAI, SECRETARY, ANJILIPRA DEVI VILASOM N.S.S. KARAYOGAM NO.1188, KANNAMANGALAM VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.K.SASIKUMAR, SMT.T.SUDHA DEVI. RESPONDENT(S): --------------------------- 1. HAINDAVA KARAYOGAM, KADAVOOR, NO.A62/2011, REPRESENTED BY ITS PRESIDENT, RAJA GOPALA PILLAI, VATTAKKATTU HOUSE, KADAVOOR, KARIPPUZHA (PO)-690 109. 2. SIVADASAN. K, VICE PRESIDENT, HAINDAVA KARAYOGAM, KADAVOOR NO.A62/2011, THANKOM NIVAS, KADAVOOR, KARIPPUZHA (PO), 690109. 3. S. VISWANATHAN, SECRETARY, HAINDAVA KARAYOGAM, KADAVOOR NO.A 62/2011, `THALIREETH HOUSE, KADAVOOR, KARIPUZHA (PO)-690 109. WP(C).No. 6490 of 2011(I) 4. HAINDAVA KARAYOGAM, ANJILIPRA NO.A 63/2011, REPRESENTED BY ITS PRESIDENT SWAMYNATHAN, MANIMANGALAM, ANJILIPRA, THATTARAMPALAM (PO)-690 103. 5. SURENDRAN, VICE PRESIDENT, HAINDAVA KARAYOGAM, ANJILIPRA NO.A 63/2011, ANANDABHAVANAM, ANJILIPRA, THATTARAMPALAM PO- 690 103. 6. GOPALAKRISHNAN, SECRETARY, HAINDAVA KARAYOGAM ANJILIPRA NO.A 63/2011, MEENATHERIL, ANJILIPRA, THATTARAMPALAM (PO), 690 103. 7. ADMINISTRATIVE OFFICER, CHETTIKULANGARA DEVASWOM, TRAVANCORE DEVASWOM BOARD, CHETTIKULANGARA (PO), 690 106. 8. SUB INSPECTOR OF POLICE, MAVELIKARA-690 101. 9. CIRCLE INSPECTOR OF POLICE, MAVELIKARA-690 101. 10. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR-689 121. 11. SUPERINTENDENT OF POLICE, ALAPPUZHA-688 001. R1 TO R6 BY ADV. SRI.GEORGE VARGHESE (PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP. SRI.V.SUNIL KUMAR (PANACHAMOODU). R7 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB. R8 TO R11 BY GOVT. PLEADER SMT.C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011,ALONG WITH WPC NO. 6512 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 6490 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.1993/04 DATED 23/07/2004 OF MAVELIKARA SUB REGISTRY. EXT.P2: COPY OF THE LAND REVENUE TAX RECEIPT DATED 25/02/2011. EXT.P3: COPY OF THE LETTER DATED 17/11/2009 ISSUED BY HE 7TH RESPONDENT ADMINISTRATIVE OFFICER, CHETTIKULANGARA DEVASWOM TO THE 1ST PETITIONER FOR KADAVOOR N.S.S. KARAYOGAM. EXT.P4: COPY OF THE LETTER DATED 04/11/2010 ISSUED FROM 7TH RESPONDENT DEVASWOM OFFICE, CHETTIKULANGARA TO 3RD PETITIONER- PRESIDENT-ANJILIPRA N.S.S. KARAYOGAM. EXT.P5: COPY OF THE LETTER DATED 25/02/2011 ISSUED BY THE SREEDEVI VILASAM HINDUMATHA CONVENTION TO THE 1ST PETITIONER. EXT.P6: COPY OF THE NOTICE PUBLISHED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE NOTICE PUBLISHED BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE HAINDAVA KARAYOGAMAS OF MATTOM THEKKU TO THE HONOURABLE MINISTER FOR DEVASWOM. EXT.P9: COPY OF THE COMPLAINT DATED 26/02/2011 FORWARDED BY THE 1ST PETITIONER TO RESPONDENTS 8 TO 10. EXT.P10: COPY OF THE COMPLAINT DATED 26/02/2011 FORWARDED BY THE 3RD PETITIONER TO RESPONDENTS 8 TO 10. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE BYLAW OF SREE DEVI VILASOM HAINDAVA CONVENTION. //TRUE COPY// P.A. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) Nos.6490 & 6512 of 2011 ***************************** Dated this the 8th day of March, 2011 JUDGMENT BASANT, J. These petitions have been filed by persons representing 5 N.S.S karayogams in 5 different karas of the 13 karas which together fall under the Chettikulangara Devi Temple. This is the time for Kumbha Bharani festival of the said Chettikulangara Devi Temple. Members of the Hindu community of all the 13 karas including the five karayogams of the petitioners take part in the celebration of the temple festival. Essentially it is submitted that there are three specific functions to be performed in connection with the temple festival. From each kara, kettukazhcha and chariot will be prepared and brought to the temple. Expenses are incurred for preparing the kettukazhcha and chariot by Hindu inhabitants of these karas. According to the petitioners, such collections/contributions are raised only from members of the N.S.S karayogams in the respective karas. W.P(C) Nos.6490 & 6512 of 2011 2 The respondents/representatives of the Haindava Karayogams contend that such collections/contributions are raised not exclusively from the members of the N.S.S Karayogams, but from the members of the Hindu community in the respective karas. 2. Be that as it may, it is not disputed that in respect of these 5 karas, the respective N.S.S Karayogams do make collections and contributions and utilise the same for preparing the kettukazhchas and the chariots. Not only do they receive contributions and collections from people, they do also receive payments from the Travancore Devaswom Board for such activities in connection with the temple festival. It is not disputed that in respect of these 5 karas, it is the N.S.S Karayogams concerned, who make the collections and contributions and receive amounts from the Travancore Devaswom Board. 3. It is time now for the celebration. A dispute has arisen between the members of the N.S.S Karayogams on the one hand and Haindava Karayogams on the other. As we perceive the disputes, Haindava Karayogams appear to contend that not only the members of the N.S.S Karayogams, but all the W.P(C) Nos.6490 & 6512 of 2011 3 members of the Hindu community have a right to actively involve themselves in the celebration of the temple festival. It appears that there are certain disputes between the N.S.S Karayogams of the respective karas and the Haindava Karayogams of those karas. 4. The petitioners are the representatives of the N.S.S karayogams. According to them, all these years they have been making collections/contributions and receiving amounts from the Travancore Devaswom Board for the conduct of the festival. This year also, they have already made arrangements to do the same. But the Haindava Karayogams of respective karas are raising objections. They have also addressed letters to the Devaswom Minister threatening to interfere with the celebrations. They, to put it simply, assert a right to represent persons belonging to the Hindu religion of the respective karas, who, it is asserted, have equal rights to participate in the celebrations. According to the petitioners, the relevant celebration is to start on 10.03.2011. Obstruction/interruption of the celebration is anticipated. They pray that directions may be issued under Article 226 of the Constitution to the police W.P(C) Nos.6490 & 6512 of 2011 4 officers/respondents to afford protection to the petitioners for the conduct of the festival against the objections that may be raised by the Haindava Karayogams and their members. 5. As identical questions are raised in these two petitions, we have chosen to dispose of these Writ Petitions by this common judgment. 6. All respondents have entered appearance. Relevant celebration is to start on 10.03.2011. We wanted the learned counsel to explore the possibility of a harmonious settlement, so that festival this year can be celebrated without any obstruction or confusion. The counsel have had discussions before us. Without intending to lay down any precedents and without intending in any way to fetter the rights of the N.S.S Karayogams or the Haindava Karayogams to seek appropriate directions from the Court for the future years, it is agreed that the celebration this year shall be carried out in the following manner and necessary police protection shall be afforded by the respondents/police officers for such celebration. i) Kettukazhchas and the chariots have already been prepared by the N.S.S Karayogams and it is agreed that the W.P(C) Nos.6490 & 6512 of 2011 5 N.S.S Karayogams concerned can make all the arrangements for the Kettukazhchas and the chariots and place the kettukazhchas on the chariots for the celebration; ii) Once Kettukazhchas and chariots are made ready by the petitioners, all members of the Haindava community of the respective karas can play their part in leading chariots with the kettukazhchas to the Chettikulangara Devi Temple; iii) As part of the Ethirelpu ritual, in which the deity comes to each kara, all members of the Haindava community in each kara can participate equally in that festival. Arrangements for welcoming the deity shall, of course, be made by the N.S.S Karayogams concerned; iv) For the ritual of parakkezhunnallippu in connection with the celebration of the festival, the deity shall be taken to the houses of all Hindu members of each kara; v) It is agreed that neither party shall raise any objection to the above course of events and the police shall afford protection for the orderly conduct of the festival in terms stipulated above. W.P(C) Nos.6490 & 6512 of 2011 6 7. These Writ Petitions are accordingly allowed. The respondents/police officers are directed to afford police protection for the celebration of the festival on the above terms. Hand over copies of this judgment to all counsel and the learned Government Pleader. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/