SECRETARY, KUNHCACHAMAN Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The issue involved in DBP No.9 of 2025 and W.P.(C)No.9072 of 2025 centres around the offering of Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple for the year 1200ME (2025). The dispute is between the petitioner in the writ petition, namely, Kunjachaman Samithi, Sakthikulangara, and the 4th respondent, namely, Kara Devaswom Committee of Sree Sakthikulangara Dharma Sastha Temple, Kollam.

(2.) DBP No.9 of 2025 has been registered based on Report No.3 of 2025 of the learned Ombudsman in Complaint No.55 of 2024 made by the Secretary of Kunjachaman Samithi, Sakthikulangara, claiming the privilege of offering Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple. During the pendency of the said DBP, Kunjachaman Samithi, Sakthikulangara, filed W.P.(C)No.9072 of 2025, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash order No.ROC 9077/SAB dtd. 3/12/2024 of the Travancore Devaswom Board, granting the privilege of offering Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple for the year 1200ME (2025) to the 4th respondent Kara Devaswom Committee of Sree Sakthikulangara Dharma Sastha Temple, Kollam. The said order is marked as Annexure O2 in Report No.3 of 2025 of the learned Ombudsman in Complaint No.55 of 2024. The petitioner has also sought for a writ of mandamus commanding the Travancore Devaswom Board to consider its application for offering Kodikkoora and Kodikkayar in connection with the annual festival for the year 1200ME (2025), in a fair and transparent manner, strictly following the procedure prescribed in Ext.P2 communication dtd. 3/2/2022 issued by the Secretary of the Travancore Devaswom Board addressed to the Devaswom Commissioner; and a writ of mandamus commanding the Travancore Devaswom Board to allow the petitioner to perform the religious and traditional duty of dedicating Kodikkoora and Kodikkayar for the year 1200ME (2025), in accordance with the long-established custom.

(3.) In DBP No.9 of 2025, the learned Standing Counsel for Travancore Devaswom Board has filed an affidavit dtd. 6/3/2025 on behalf of the 1st respondent Board, wherein it is stated that Kunjachaman Samithi does not have any vested right to claim the right to offer Kodikkoora and Kodikkayar in connection with the annual festival of Sabarimala Sree Dharma Sastha Temple continuously. The Devaswom Commissioner will identify the person for this purpose next year onwards, and the selection shall be made accordingly.