G.VYASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the devotees and nearby residents of Sree Sarkara Devi Temple, Chirayinkeezhu, which is a temple under the management of the 2nd respondent Travancore Devaswom Board, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 5 to ensure a 'peaceful and calm atmosphere' in Sree Sarkara Devi Temple, upholding the divinity of 'Sanctum Sanctorum', thereby protecting the 'right to worship' of the petitioners, enshrined under Article 21 of the Constitution of India. The petitioners have also sought for a writ of mandamus commanding the 4th respondent Administrative Officer of Sree Sarkara Devi Temple to consider Ext.P2 representation dtd. 24/4/2023, within a time frame to be fixed by this Court and to redress the grievance ventilated by the petitioners forthwith; a writ of mandamus commanding the 3rd respondent Devaswom Commissioner to consider Ext.P3 representation dtd. 15/5/2023, within a time frame to be fixed by this Court and to redress the grievance ventilated by the petitioner forthwith; a writ of mandamus commanding respondents 2 to 4 to take prompt steps to issue orders to prevent illegal use and unauthorised occupancy of Sree Sarkara Devi Temple and its premises by respondents 6 and 7, for conducting 'mass drill' and 'weaponry training', in strict compliance with Ext.P1 circular dtd. 30/3/2021 issued by the 3rd respondent Devaswom Commissioner and Ext.P4 circular dtd. 18/5/2023 issued by the

(2.) nd respondent Travancore Devaswom Board and based on the directions by this Court on similar matters; and a writ of mandamus commanding the 5th respondent Station House Officer, Chirayinkeezhu Police Station to afford adequate protection and ensure strict enforcement of law and order in strong and effective implementation of Exts.P1 and P4 circulars. 2. Going by the averments in the writ petition, the petitioners are aggrieved by the illegal encroachment and occupying of temple premises at the behest of respondents 6 and 7 styling themselves to be the members of Rashthriya Swayam Sevak Sangh (RSS) for conducting mass drills and weaponry training during 05.00 p.m. to 12.00 a.m. on all days. Respondents

(3.) and 4 have already issued Exts.P1 and P4 circulars to prevent unauthorised use of temple and its premises, but the same was not seen strictly implemented in its vigour and spirit. 3. By the order dtd. 13/6/2023 in I.A.No.1 of 2023, the writ petition was amended and accordingly, the petitioners filed the amended writ petition.