Kerala High Court Injuncts Panchayat From Using Temple Auditorium For Govt Functions, Orders Removal Of Hoardings Put Up By Panchayat In Temple Premises
The Kerala High Court also stayed the auction notice issued by the Panchayat for leasing the right to run the ‘Vazhiyora Visrama Kendram’inside the Temple premises.
The Kerala High Court has ordered the removal of hoardings installed in the Lokanarkavu temple premises by the Villiappally Grama Panchayat, while also issuing an injunction against using the temple auditorium for government functions.
By an interim order, the Court also stayed the auction notice issued by the Villiappally Grama Panchayat (Panchayat) for leasing the right to run the ‘Vazhiyora Visrama Kendram’ (comfort station) inside the Lokanarkavu Temple (temple) premises. The Petitioner, a devotee of Lokanarkavu Temple, challenged the auction notice issued by the Panchayat for leasing the right to operate the comfort station within the temple premises.
A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S ordered, “Having considered the submissions made at the Bar, we deem it appropriate to direct the Secretary of the 5th respondent Grama Panchayat to take necessary steps to ensure that the hoardings installed in the temple premises by the Grama Panchayat are removed forthwith from the temple premises. It is also ordered that ‘Chembai Sangeetha Mandapam’ inside the premises of Lokanarkavu Temple shall be used only for programs in connection with temple festival and ceremonies, since it is within the temple premises, where the devotees exercise their right to worship in an accustomed manner and subject to the practice and tradition of that temple.”
Advocate Sajith Kumar V. represented the Petitioner.
Facts
The Petitioner sought the quashing of the notice and requested that the facility be handed over to the temple authorities under the Malabar Devaswom Board (Board). The Petitioner also sought relief against the use of temple premises for government functions, including events held at ‘Chembai Sangeetha Mandapam’ by the Panchayat, which he stated obstructed peaceful worship.
Additionally, the Petitioner objected to the installation of hoardings by the Panchayat declaring the temple a tourist destination under the ‘Lokanarkavu Haritha Tourism’ project.
Court’s Order
The High Court noted that the Temple is a controlled institution under the Malabar Devaswom Board and is governed by the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951.
“In view of the statutory provisions contained in the Madras Hindu Religious and Charitable Endowments Act, 1951, it is the duty of the 4th respondent Trustee Board of Lokanarkavu Temple to be faithful to the Devaswom and manage, protect and safeguard the interests and properties of the Devaswom, with reasonable diligence. The Malabar Devaswom Board and its officials are duty -bound to exercise their supervisory control in order to ensure that the interests and properties of the Devaswom are protected and safeguarded by its trustees and the employees of the Devaswom,” it noted.
The Court stated that it had already considered a complaint regarding installation of flex boards complimenting the Travancore Devaswom Board and the State Government for granting permission to conduct Annadhanam for Sabarimala pilgrims in Thuravur Mahakshethram, which is a temple under the management of the Travancore Devaswom Board in P.S. Sreekumar v. State of Kerala (2024), wherein it was held that “such flex boards cannot be placed in the premises of Thuravur Mahaksethram, which is a place of public worship, where the devotees exercise their right to worship in an accustomed manner and subject to the practice and tradition of that temple.”
The Court also referred to its decision in the matter of P.N.Sreeraman v. Secretary, Cherpulassery Municipality & Ors., wherein the Court had held that construction of toilet block inside temple compound for public use was impermissible.
Consequently, the Court ordered, “We deem it appropriate to stay the operation and all further proceedings pursuant to Ext.P2 auction notice dated nil issued by the 5th respondent Grama Panchayat, for a period of one month, subject to the condition that the comfort station constructed in the premises of Lokanarkavu Temple shall be under the control of the temple management, which shall be maintained clean and tidy, for the benefit of the devotees.”
Accordingly, the High Court listed the matter for further hearing on March 11, 2025.
Cause Title: Gopalakrishnan K.V. v. The Malabar Devaswom Board & Ors. (WP(C) No.8620/2025)
Appearance:
Petitioner: Advocates Sajith Kumar V., Vivek A.V., Ammu M. and Arun S.
