Safiya Malik

The High Court of Kerala Division Bench of Justice Anil K. Narendran and Justice Viju Abraham disposed of the writ petitions filed in connection with the conduct of Thrissur Pooram 2024. The Court recorded the submissions made by the parties and issued directions to the State Government and other authorities regarding the conduct of Thrissur Pooram 2025. The Court also noted the pending enquiry initiated by the State and directed that it be concluded within a specified time. The petitions were disposed of with liberty to the petitioners to challenge any future decision taken pursuant to the enquiry, if aggrieved.

The writ petitions—W.P.(C) Nos. 16440, 16599, and 16753 of 2024—were filed by devotees of Sree Vadakkumnathan Devaswom concerning incidents arising from the conduct of Thrissur Pooram in April 2024. The petitions raised grievances about alleged interference by police and State authorities during the festival, particularly relating to disruption of traditional rituals, including the "Madathil Varavu" ceremony.

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In W.P.(C) No. 16440 of 2024, the petitioner sought declarations that interference by the State and use of police force violated religious freedoms. Reliefs included framing guidelines for police conduct during temple festivals, investigation into actions of police officers, and judicial inquiry into the disruption.

W.P.(C) No. 16599 of 2024 sought inquiry into incidents on April 19 and 20, 2024, action under the Service Conduct Rules against officials, and initiation of proceedings under Sections 153A and 120 of the IPC for alleged conspiracy and communal disharmony. The petitioner further prayed for judicial oversight of future Pooram events.

W.P.(C) No. 16753 of 2024 requested an inquiry into alleged police excesses, stringent departmental action, and formulation of a comprehensive scheme for the proper conduct of future Thrissur Pooram festivals. It also sought that future editions be supervised by the District Judge or a judicial officer.

The respondents included the State of Kerala, Home and Devaswom Departments, the Cochin Devaswom Board, Paramekkavu and Thiruvambady Devaswoms, senior police officials, and the District Collector of Thrissur. In their respective counter affidavits, the State and Devaswoms provided factual responses and updates regarding the investigations and administrative actions initiated following the events.

The State informed the Court that a Special Investigation Team (SIT) was constituted via G.O.(Rt) No. 2932/2024/Home dated 10.10.2024. The SIT was led by Sri H. Venkitesh, IPS, ADGP (Crime Branch), while a parallel inquiry was entrusted to Sri Manoj Abraham, IPS, who submitted a detailed report dated 31.12.2024 to the Government. The report was produced before the Court in a sealed cover as per the Court’s order dated 13.02.2025.

The Devaswom Boards, through their counsel, submitted that rituals had been followed to the extent possible and assured the Court that a joint effort would be made for smooth conduct of future festivals. The Court was also informed about joint meetings convened by the Chief Minister and the Devaswom Minister on 01.03.2025 and 14.03.2025, respectively, to coordinate the conduct of Thrissur Pooram 2025.

The petitioners’ counsel argued that the actions of law enforcement had disrupted religious practices and violated constitutional guarantees. They emphasized the need for an impartial probe and structured regulation of police participation during temple events. Petitioners relied on video recordings, media reports, and official representations submitted after the festival.

The State defended its measures as necessary for public order and submitted that all allegations were under scrutiny. It assured the Court of appropriate action based on the findings of the SIT and the inquiry report.

“Though various reliefs are sought in these writ petitions for conducting an enquiry in connection with the incident... we do not propose to consider the rival contentions on the above issue in these proceedings, since the enquiry ordered by the 1st respondent State is pending consideration.”

“We record the submission... that the 1st respondent State shall take necessary steps to ensure that the enquiry and the proceedings pursuant thereto reach a logical conclusion, as expeditiously as possible, at any rate, within a period of three months from the date of this judgment.”

The Court recorded the assurances made by all concerned parties and chose to limit the present judgment to directing proper coordination and adherence to rituals in the upcoming Thrissur Pooram.

“We make it clear that the disposal of these writ petitions by this judgment is without prejudice to the right of the petitioners to challenge the decision to be taken by the 1st respondent State in connection with the aforesaid enquiry, in case they are aggrieved by the same.”

On the issue of formulating a comprehensive scheme, the Court observed the outcome of high-level meetings and reviewed the minutes: “The learned State Attorney would submit that a copy of those minutes are being placed on record, along with a memo, after serving copy to the learned counsel on both sides.”

In its broader cultural context, the Court observed: “According to ‘Agama Sastra’, Hindu temples represent the culmination of social and religious aspirations of a society... Festivals are the expression of a community’s joy, exuberance, devotion and pride and are also an idiom of a community‘s cohesiveness.”

Regarding statutory duties, the Court referenced: “Section 73A of the Travancore-Cochin Hindu Religious Institutions Act, 1950, outlines the duties of the Board... to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly.”

Further, the Court acknowledged: “There will be a joint effort by all the three Devaswoms to ensure that the entire activities in connection with Thrissur Pooram... are performed promptly, according to the practice prevalent in Vadakkumnathan Devaswom.”

The Court directed the first respondent State, through the State Police Chief and the District Police Chief, Thrissur City, to ensure proper and effective crowd management during Thrissur Pooram of the year 1200ME (2025), scheduled to be held on 06.05.2025 and 07.05.2025, based on the Police Bandobast Scheme already prepared. The District Police Chief, Thrissur City, shall ensure that experienced police personnel are posted to supervise crowd management at important locations.

The District Collector, Thrissur, shall ensure proper coordination in the activities relating to Thrissur Pooram by officers of the District Administration. The District Collector shall also coordinate with the Thrissur Municipal Corporation to ensure proper and timely disposal of waste generated during the festival. The list of volunteers from Thiruvambady Devaswom and Paramekkavu Devaswom shall be submitted to the District Collector, Thrissur, on or before 25.04.2025.

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The State Police Chief shall closely monitor the law and order situation in connection with Thrissur Pooram for the year 1200ME (2025), and issue necessary directions to the District Police Chief, Thrissur City, if found necessary. All directions issued by the District Police Chief and the District Collector, as part of crowd management and for maintaining law and order, shall be complied with in letter and spirit by all concerned, to ensure the safety of devotees and the public.

The Cochin Devaswom Board, Paramekkavu Devaswom, and Thiruvambady Devaswom shall ensure that all activities related to Thrissur Pooram for the year 1200ME (2025) are performed promptly and in accordance with the practices prevalent in Vadakkumnathan Devaswom.

Advocates Representing the Parties

For the Petitioners: Sajith Kumar V., H. Kiran, Vivek A.V., Ammu M., Sreehari V.S., Sherin Davis, S. Sanal Kumar (Senior Advocate); Krishnadas P. Nair, K.L. Sreekala, Haridas P. Nair, M.A. Vinod, M. Rajesh Kumar, K.G. Manoj Kumar, Prasoon K.P., Anu Prabhakar, Swathykrishna K., Abhirami P.S.; C.S. Manilal, S. Nidheesh

For the Respondents: S. Rajmohan (Senior Government Pleader), N. Manoj Kumar (State Attorney), K.P. Sudheer, N.K. Subramanian, Shibu Joseph; P. Viswanathan (Senior Advocate), Advocate General Office Kerala

Case Title: P. Sudhakaran & Others v. State of Kerala & Others

Neutral Citation: 2025:KER:29261

Case Numbers: W.P.(C) Nos. 16440, 16599, and 16753 of 2024

Bench: Justice Anil K. Narendran and Justice Viju Abraham

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