SNIGDHA SREENATH Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, a minor girl aged 10 years, represented by her father and legal guardian, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Travancore Devaswom Board to permit her to have a pilgrimage to Sabarimala Sree Dharma Sastha Temple during the Mandala Pooja/Makaravilakku season of 1199 ME(2023-24), without insisting upper age qualification; a declaration that the petitioner is entitled to have a pilgrimage to Sabarimala Sree Dharma Sastha Temple during Mandala Pooja/Makaravilakku season of 1199ME, without insisting upper age qualification, since she has not attained puberty; or in the alternative a writ of mandamus commanding the 1st respondent Travancore Devaswom Board to consider Ext.P2 representation dtd. 22/11/2023 made by the father of the petitioner sympathetically and pass orders thereon expeditiously, within a time frame to be fixed by this Court.

(2.) As per Ext.P1 Aadhar Card, the date of birth of the petitioner is 5/6/2013. In the writ petition, it is stated that the petitioner and her parents are settled in Karnataka and her father is a native of Malappuram district. The petitioner, who is a devotee of Lord Dharma Sastha of Sree Dharma Sastha Temple, Sabarimala, is desirous of pilgrimage to Sabarimala for the past few years. Her pilgrimage was delayed on account of the Covid19 pandemic, the resultant financial difficulties and also the poor health of her father. During the Mandala Pooja/Makaravilakku season of 1199 ME, the petitioner's father planned a pilgrimage to Sabarimala, and the petitioner started observing the rites for the same. Though her father had made an application for pilgrimage online, it was rejected for the reason that the petitioner had crossed the upper age limit of 10.

(3.) In the writ petition, it is stated that the petitioner has not attained puberty. Therefore, there is no bar for her to have a pilgrimage to Sabarimala as of now. Her father made Ext.P2 representation dtd. 22/11/2023 before the 1st respondent Travancore Devaswom Board seeking permission for pilgrimage. Since no decision has been taken on Ext.P2 representation, the petitioner has approached this Court in this writ petition seeking the aforesaid relief. The petitioner would contend that the law laid down by a Division Bench of this Court in S. Mahendran v. Secretary, Travancore Devaswom Board and others [AIR 1993 Kerala 42] and the custom prevailing in Sabarimala from time immemorial is that those girl children who have not attained puberty are permitted to have pilgrimage to Sabarimala. The upper age limit of 10 is fixed only for the sake of convenience.