BHARATHEEYA JYOTHISHA VICHARA SANGAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents, namely, the 1 st respondent State of Kerala; the 2nd respondent District Collector, Thiruvananthapuram; and also the 3rd respondent Travancore Devaswom Board, to permit 'Pithrutharpanam' at Shanghumugham Beach, Thiruvananthapuram on Karkkidaka Vavu. In the writ petition, it is averred that Shanghumugham Beach in Thiruvananthapuram is considered to be an auspicious place for performing 'Pithrutharpanam', since the deities of more than five prominent temples come there to perform 'Arattu'. The 'Arattu' festival of Sree Padmanabha Swamy Temple, Shanghumugham Devi Temple, Chaakka Chamundi Devi Temple, Vaduvathu Maha Vishnu Temple and rituals of several other temples are performed at Shanghumugham Beach. Lakhs of people utilize the facility provided by the 3rd respondent Travancore Devaswom Board at Shanghumugham Beach for performing 'Pithrutharpanam' on Karkkidaka Vavu and auspicious days, with the co-operation ofGovernment Departments. All these rituals are taking place at Shanghumugham Beach for the last several decades. While the Travancore Devaswom Board has taken all steps to conduct 'Pithrutharpanam' at Shanghumugham Beach on Karkkidaka Vavu (28/7/2022), based on the decision taken in the meeting held on 11/7/2022, as evidenced by Ext.P1 minutes, the 2nd respondent District Collector has issued a prohibitory order, as evidenced by Ext.P2 news report that appeared on 19/7/2022, prohibiting 'Pithrutharpanam' at Shanghumugham Beach on Karkkidaka Vavu. On coming to know about such a decision taken by the 2nd respondent, the petitioner submitted Ext.P3 representation dtd. 18/7/2022, seeking permission for conducting 'Pithrutharpanam' at Shanghumugham Beach on 28/7/2022.

(2.) Today, when this matter came up for consideration in the forenoon session, the learned counsel for the petitioner has made available for the perusal of this Court an order dtd. 17/7/2022 of the 2 nd respondent District Collector as the Chairperson of the District Disaster Management Authority, Thiruvananthapuram, which is one issued pursuant to the decision taken in the meeting convened on 11/7/2022, asevidenced by Ext.P1. The learned Senior Government Pleader has made available for the perusal of this Court a copy of the report dtd. 3/7/2022 of the Station House Officer, Valiyathura Police Station, which is one addressed to the 2 nd respondent District Collector. Considering the urgency of the matter, we directed the learned Senior Government Pleader to get instructions and the matter was ordered to be listed at 1.00 p.m for further consideration. The learned Senior Government Pleader was directed to get few photographs of Shanghumugham Beach and to send copy of those photographs to the learned counsel for the petitioner through WhatsApp.

(3.) When this matter is taken up for consideration in the afternoon session, the learned Senior Government Pleader, on instructions, would submit that the 2nd respondent District Collector, who is the Chairperson of the District Disaster Management Authority, Thiruvananthapuram has issued the order dtd. 17/7/2022 based on the decision taken in the meeting convened on 11/7/2022, as evidenced by Ext.P1 minutes. The report of the Station House Officer, Valiyathura Police Station was also considered, before taking such adecision. The learned Senior Government Pleader has made available for the perusal of this Court the photographs of Shanghumugham Beach, which form part of the report of the Station House Officer, Valiyathura Police Station.