Introduction
The Kerala High Court has decisively ruled to restrict the use of Thekkinkadu Maidan, a historically significant ground surrounding the Sree Vadakkumnatha Temple in Thrissur, to cultural events only, effectively prohibiting its use for political gatherings and protests. This decision comes in the wake of petitions filed by devotees and an application from the Cochin Devaswom Board seeking clarity on the permissible uses of the temple grounds.
The Court’s Ruling
A Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar delivered the judgment, emphasizing that while the Cochin Devaswom Board’s desire to generate additional revenue is understandable, such objectives must not compromise the sanctity of the temple or the sentiments of its devotees. The court stated, “The temple ground shall not be permitted to be used by any political party for their protests and gatherings.”
The ruling aligns with the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, and previous High Court decisions which consistently maintained that political activities should not be conducted within temple premises.
Background and Petitions
The petitions brought forth by devotees alleged that the Devaswom Board had violated earlier court directions by allowing political and non-political organizations to hold events on the temple grounds. The Devaswom Board, which manages 409 temples, argued for a declaration that would exempt it from obtaining court permission each time it leases out parts of the grounds for various events, citing financial constraints and the need for additional income to support temple restoration and conservation efforts.
Cultural Events and Discretion
While rejecting the proposal for political activities, the court did not impose a rigid definition of what constitutes a “cultural program,” allowing the Cochin Devaswom Board to exercise discretion in determining suitable events. The court emphasized the need for balance, acknowledging both the board’s financial needs and the religious sentiments of the devotees.
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The judgment allows the board to grant permissions for cultural events without seeking court approval each time, provided the events are not specifically excluded by the judgment. The court mandated that all agreements with event organizers must include strict conditions for cleanliness, waste management, and preservation of temple premises.
Preservation and Oversight
The court retained oversight over any structural changes to the temple premises, prohibiting any permanent or semi-permanent construction without prior judicial approval. This ensures that the cultural and religious integrity of the temple grounds remains intact.
Legal Representation
The petitioner Madhu VB was represented by Advocates KR Sunil, Navami Anilkumar, and Shilpa KK. Advocate Anupama Subramanian appeared on behalf of petitioner KB Sumod, while Standing Counsel KP Sudheer represented the Cochin Devaswom Board. Special Government Pleader (Devaswom) A Renjith appeared for the state.
