MADHUSOODANAN NAMBOOTHIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is a devotee of Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple, which is a temple under the management of the Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, challenging the selection of the 5th respondent as Melsanthi of the said Temple for the year 1199 ME (2023-24); and a writ of mandamus commanding the 2nd respondent Travancore Devaswom Board and the 3rd respondent Devaswom Commissioner to conduct the process of draw of lots for selection of Melsanthi in Sabarimala Sree Dharma Sastha Temple, afresh, based on Ext.P2 list of candidates shortlisted for the draw of lots. The first relief sought for in the writ petition is not properly worded.

(2.) On 1/11/2023, when this writ petition came up for admission, we viewed in open Court the video clippings of the news item that appeared in 'Asianet News' regarding the draw of lots conducted in front of the Sanctum Sanctorum of Sabarimala Sree Dharma Sastha Temple, on 18/10/2023, for selecting Melsanthi for the year 1199 ME, produced as Ext.P5 in a pen drive, along with I.A.No.1 of 2023. On a query made by this Court, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to whether the CCTV footage of the draw of lots is available with the Travancore Devaswom Board.

(3.) On 2/11/2023, when this writ petition came up for consideration along with SSCR No.33 of 2023 filed by the Special Commissioner, Sabarimala, which is one filed in terms of the directions contained in the order of this Court dtd. 3/10/2023 in SSCR No.25 of 2023, after conducting the draw of lots on 18/10/2023, for the selection of Melsanthis of Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 1199 ME, the learned Standing Counsel handed over a pen drive containing the CCTV footage from the camera installed in the Sopanam of Sabarimala Sree Dharma Sastha Temple. On 2/11/2023, we viewed the said CCTV footage in open court. The learned Standing Counsel for the Board was directed to forward a copy of that video to the learned counsel for the petitioner on his WhatsApp number.