Kerala High Court bars political programmes at Thrissur Thekkinkadu Maidan, only cultural events allowed

The Kerala High Court has prohibited political parties from using the Thekkinkadu Maidan (Vadakkumnatha Kshethra Maidan) in Thrissur for protest and public gatherings [Madhu VB v State of Kerala & ors and connected case]

The ground can be used only for cultural events and other specified programmes at the temple grounds subject to strict safeguards and fair collection of license fees, the Court underlined.

A Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar issued the directions while deciding two petitions filed by devotees and an application filed by Cochin Devaswom Board seeking clarity on the permissible uses of the 59-acre temple ground surrounding the historic Sree Vadakkumnatha Temple.

The Bench held that while the Devaswom Board's request to generate additional revenue by making better use of the ground deserve consideration, such commercial use could not come at the cost of the sanctity of the temple or sentiments of devotees.

"On going through the new proposal, we are of the considered opinion that the temple ground shall not be permitted to be used by any political party for their protests and gatherings," the Court added.

The two petitions filed by the devotees had alleged that the Devaswom Board had permitted political and non-political organisations to conduct programs at the temple ground in violation of earlier High Court directions.

The Devaswom Board on the other hand sought a declaration that it need not obtain the Court's permission every time it lets out portions of the temple grounds for cultural programs, exhibitions, government events, parking facilities and political meetings, in view of its financial constraints.

It was submitted that the Board, which manages 409 temples, requires additional income for the restoration and conservation of the Vadakkumnatha temple and the implementation of the Indian National Trust for Art and Cultural Heritage (INTACH) master plan.

The Court, however, rejected the proposal insofar as it relates to political activities. Referring to the Religious Institutions (Prevention of Misuse) Act, 1988, (Act) as well as a series of earlier High Court decisions, it reiterated that politics has no role to play in temples.

It also pointed out that previous judgements had consistently held political activities to be impermissible within temple premises and therefore the board's request to permit political programmes at the temple ground could not be accepted.

On the issue of cultural programmes, the Court refused to prescribe a rigid list of permissible events, observing that the expression 'cultural programmes' is too broad to be exhaustively defined.

Instead, the Bench left it to the Cochin Devaswom Board to exercise its discretion carefully and wisely, while ensuring that the purity and sanctity of the temple are preserved and that the interest of devotees remain unaffected.

"..we are of the view that the Court has to strike a balance between the conflicting interests of the Board and the devotees. This Court cannot turn down or reject the reasonable request of the Board to augment or increase their income, as the ultimate beneficiaries are the deity and devotees themselves. 48. At the same time, this Court is conscious of the religious sentiments, apprehensions, and anxieties of the devotees," the Court observed.

It allowed the board to grant permissions to prospective organisers without waiting for the Court's sanction each time unless such events are specifically excluded by the judgement and asked the Devaswom Board to impose strict conditions, while also ensuring fair returns in the form of license fee or rent.

The Court further directed that every license or lease agreement executed by the Devaswom Board with event organisers should contain strict conditions relating to maintenance of cleanliness, waste management, and preservation of the temple premises.

These include a prohibition on littering, accumulation of waste, sale or consumption of non-vegetarian food inside the premises and mandatory arrangements for prompt disposal of waste generated during events.

The Bench nevertheless retained judicial oversight over structural changes to the temple premises and reiterated that no permanent or semi-permanent construction can be carried out at the temple ground without the Court's prior approval.

Advocates KR Sunil, Navami Anilkumar and Shilpa KK appeared for the petitioner Madhu VB.

Advocate Anupama Subramanian appeared for the petitioner KB Sumod.

Standing counsel KP Sudheer represented the Cochin Devaswom Board.

Special government pleader (Devaswom) A Renjith appeared for the state.

[Read Judgment]