KOCHI: The Kerala High Court on Friday quashed the order of the Travancore Devaswom Board allowing the government to use the premises of Chakkuvally Sree Parabrahma Temple in Kollam for Nava Kerala Sadas, the state government's people's outreach program, on December 18.
"We find that while granting permission to conduct Navakerala Sadas in the premises of the temple, the Board has not properly considered the statutory provisions and also the law laid down by the court. Such activities cannot be permitted on the temple premises even by putting up a temporary Pandal, which is only a few meters away from the temple structure," said a Division Bench comprising Justice Anil K Narendran and Justice G Girish.
The court issued the order while disposing of the petition filed by Jayakumar J and Omanakuttan Pillai of Kollam against the decision to conduct the program at temple premises.
The court pointed out that the Pandal of Nava Kerala Sadas is about 3.6 meters away from the temple wall (Elamathil) enclosing the 'Sreekovil'. The counter affidavit filed by the District Collector and the Board is silent on the rituals and customary practices that are being followed in the temple. On a query made by the court, the counsel for TDB submitted that in the temple there is a Santhi (priest) employed by the board, who regularly performs Pooja from 5.30 AM to 10 AM. On the other hand, the counsel for the petitioners contended that there is the lighting of lamps in the evening at the 'Chamundeswari Nada', which according to them is a 'Deeparadhana'. Then the TDB submitted that it was a lighting of lamps by the members of the temple advisory committee at 6 pm.
The petitioners have produced a notice regarding the "Pandrandu Vilaku" festival in the temple from November 17 to December 27. The notice is printed by the temple advisory committee. And also produced a receipt which was issued by a subgroup officer of the temple to a devotee-- Sathish Chandran-- for the conduct of 'Akhandanama Yajnam' on December 18. The petitioners submitted that the event is from 6 PM to 7.30 PM for which a sum of Rs 400 was charged.
The counter affidavit filed by the district collector, who is the nodal officer of the Nava Kerala Sadas, stated that the Sadas of Kunnathur legislative assembly is scheduled to be conducted on December 18 at 6 PM at the ground of Devaswom Board Central School and it decided to collect petitions from the public from 3 PM onwards. The program site is situated in Ooruvazhi village. As per the revenue records, the land belongs to 'Purambok' and is now under the possession of the TDB. The temple and the Devaswom Board Central School are situated on the Purambok land. It's also stated that the school premises and the temple premises are presently separated by a permanent compound wall. The Sadas have decided to conduct at school premises only.
The court said it found no force in the contention raised in the counter affidavit by the collector that the land is Purambok land as there was a court order to evict the encroachment from the Devaswom land and to entrust the properties with Devaswom at the earliest.
The counter affidavit by the collector stated that there is a small religious construction situated outside the temple boundary wall and it is separated with a temporary barricade as part of the construction of a shed for the Nava Kerala Sadas. They assured that the program in connection with the Nava Kerala Sadas will not affect the pooja and functioning of the temple nor the entry of the devotees. Further, there is no decision to demolish the compound wall or any other construction for the event.