IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 31589 of 2011(W) ----------------------- PETITIONER : --------------------- PADMANABHAN M.K., MAKAM VEEDU, VARAKADU, VARAKADU, KOTTAMALA P.O., KASARAGOD. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): ------------------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM - 695 003. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM - 695 003. 3. EXECUTIVE OFFICER, SABARIMALA DEVASWOM, SABARIMALA-689 713. 4. ADMINISTRATIVE OFFICER, SABARIMALA DEVASWOM, SABARIMALA-689 713. BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C)No.31589 of 2011 ---------------------------------------- Dated this the 12th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed by a person on the premise that he is a devotee of Lord Ayyappa. He says that he treks Sabarimala every year and occasionally he offers Ashtabhishekam or Pushpabhishekam. He appears to be aggrieved by the recent modulation of the proceedings, whereby Ashtabhishekams and Pushpabhishekams have been reduced to one each per day during the seasons and providing opportunity for more number of Ashtabhishekams and Pushpabhishekams during the monthly poojas and other purpose. Fundamentally, it needs to be noted that the need or not, to conduct a particular form of ritualistic offering is a matter attending faith and practice. It is neither for the courts nor for the Devaswom Boards under the Statutes to state on that in view of Article 25 of the Constitution of India. The competent advisors as regards Sabarimala, in that regard, would be the Thanthries and Santhikars. While Devaswom Board takes the stand that the WP(C).No.31589/2011 2 restriction in the number of Ashtabhishekams and Pushpabhishekams was imposed with the concurrence of Kandararu Rajeevaru, who was performing the duties of Thanthri during the previous year, the petitioner would indicate that Kandararu Maheswararu, who is performing the duties of Thanthri in the present year and who is the senior Thanthry, suggests that there could be up to 20 Ashtabhishekams or Pushpabhishekams per day. We are sure that this is a matter that would lie in the realm of consideration by the Thanthri. 2. However, we are clear in our mind that the persons making offerings of Ashtabhishekams and Pushpabhishekams should not be permitted to stand, during the entire process of the ritual, in front of the deity since that would affect the darshan for the other devotees. One of the reasons for decreasing the number of Ashtabhishekams and Pushpabhishekams is to ensure smooth flow of the devotees. Therefore, even if Thanthri ultimately decides that the number of Ashtabhishekams and Pushpabhishekams can be increased, nobody could be permitted to stand in front of the deity on account of WP(C).No.31589/2011 3 such offerings being made. Financial ability to pay for a particular offering shall not be a ground for priority for darshan or for presence continuously. We leave it open to the Thanthri to take appropriate decision in the matter and inform the Devaswom Board, appropriately. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/12.12