(2012) 276 KLR 077 IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934 WP(C).No. 21239 of 2012 (D) --------------------------- PETITIONER(S): ------------- SURESH B., AGED 44 YEARS S/O.BHUVANACHANDRA PANICKER, SURYAMANGALATH HOUSE KARUVATTA P.O., ALAPPUZHA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): -------------- 1. TRAVANCORE DEVASWOM BOARD/CHIEF COMMISSIONER OFFICE OF THE TRAVANCORE DEVASWOM BOARD DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. DEVASWOM COMMISSIONER OFFICE OF THE TRAVANCORE DEVASWOM BOARD DEVASWOM BUILDINGS, NANDHANCODE THIRUVANANTHAPURAM. BY ADV.SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD ADV.SRI.V.KRISHNA MENON,SC, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jm WP(C) NO. 21239 OF 2012 APPENDIX PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS : NIL \\ TRUE COPY \\ PA TO JUDGE THOTTATHIL B.RADHAKRISHNAN & A.V.RAMAKRISHNA PILLAI, JJ. ---------------------------------------- WP(C) No.21239 of 2012 ------------------------------------------ Dated this the 4th day of October, 2012 Head Note:- Hindu Law - Sabarimala festival - Allotment of balitharas on the banks of Pampa - The activity of purohits is not intended to be a commercial venture - dakshina is not a commercial transaction - None can insist on being given any particular amount as dakshina. Held:- It would be a matter of shame on the face of the doctrines of Hinduism to say that one has to be given dakshina of a particular value in terms of material assessment be it, money, gold, silver or other dravyams! It would be a matter of religious and communal shame for the Hindus as a lot, if any yogacharya, purohit, poojari, parikarmi or karmi were to demand or claim any particular material or amount as dakshina. All such entities may stand well advised by the doctrinal injunctions: Iswara sarwaboothanam! Isavasyam idam sarvam! Acharya devo bhava! 'Acharya' is not merely a teacher of the material matters. He is one on whom an innocent believer depends for inspiration and confidence in the sojourn based on faith. They may treat poojaris and purohits as supreme. That cannot be misused. JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. Petitioner was a successful applicant for the allotment of rights to be purohit for being allotted balitharas for different years on the banks of Pampa, in connection with Sabarimala festival. He says that there is no proper guideline for the allotment of balitharas. He suggests that a system of drawing lots could be introduced, at least, after making a primary selection, for allotment of balitharas on the banks of Pampa. 2. The learned counsel for Tranvancore Devaswom Board submits on instructions, that at least from 2010, an interview board consisting of Sabarimala Thanthri, Chief Purohit of Thiruvallam Parashuram Temple, the Devaswom Commissioner, Deputy Devaswom Commisioner (Inspection) and the Finance and Accounts Officer interviews the candidates and ranks them, and that balitharas from serial numbers 1 onwards are allotted according to the ranking in such selection. 3. The learned counsel for the petitioner says that some of the balitharas, having regard to the location, would be more attractive from the financial angle. 4. The activity of purohits is not intended to be a commercial venture. This Court has often said, through different judgments, that dakshina is not a commercial transaction. None can insist on being given any particular amount as dakshina. It would be a matter of shame on the face of the doctrines of Hinduism to say that one has to be given dakshina of a particular value in terms of material assessment be it, money, gold, silver or other dravyams! It would be a matter of religious and communal shame for the Hindus as a lot, if any yogacharya, purohit, poojari, parikarmi or karmi were to demand or claim any particular material or amount as dakshina. All such entities may stand well advised by the doctrinal injunctions: Iswara sarwaboothanam! Isavasyam idam sarvam! Acharya devo bhava! 'Acharya' is not merely a teacher of the material matters. He is one on whom an innocent believer depends for inspiration and confidence in the sojourn based on faith. They may treat poojaris and purohits as supreme. That cannot be misused. 5. Travancore Devaswom Board had drawn relevant guidelines and they are being applied, with no complaint about the operation of that mechanism. While there may be different allegations in the air, about greasing palms and other modes of ecking favours, we cannot derive any presumptive conclusion on such complaints, though we are sure that even the remote chances of such allegations will only tarnish the community; its faith, etc. 6. In so far as the indications given by the petitioner about the lack of facilities are concerned, the Travancore Devaswom Board authorities will look into them positively. Subject to the aforesaid, the writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN JUDGE A.V.RAMAKRISHNA PILLAI JUDGE jm/- |
