Kerala High Court Upholds Devaswom Commissioner's Order Refusing Permission To Shoot Film At Vadakkunnathan Temple Ground

The Kerala High Court recently upheld the order issued by the Special Devaswom Commissioner of the Cochin Devaswom Board denying permission to the proprietor of ‘Appu Pathu Pappu Production House’ from shooting a few scenes of the film ‘PANI’ on the ground of Sree Vadakkunnathan Temple in Thrissur.

The petitioner-proprietor had preferred an application to the Special Devaswom Commissioner seeking permission to shoot a few scenes of the film in the Kshethra Maidan, parking of all the vehicles of the production unit in the Maidan and to take food in the Kshethra Maidan on the days in which film shooting takes place in Swaraj round. 

"Any permission granted for film shooting in the parking area of the Kshethra Maidan or near the roads leading to Sree Vadakkunnathan Temple from ‘Manikandanaal’ area, parking area, etc., will result in the movement of the devotees through those roads leading to the temple being restricted or regulated by the members of the production unit or even by ‘bouncers’ engaged by the production units in film shooting sites. Therefore, the Cochin Devaswom Board cannot grant permission for any such activities in Sree Vadakkunnathan Kshethra Maidan," the Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas observed.

It was the stance of the Special Devaswom Commissioner that permitting the request of the petitioner would tantamount to violation of the directions issued by the Court previously in its judgment in K.B. Sumodhv. Commissioner, Cochin Devaswom Board [W.P.(C)Nos.26499 of 2018 and 4617 of 2022]. In the said case, the Division Bench had permitted the Cochin Devaswom Board to use Sree Vadakkunnathan Kshethra Maidan (Thekkinkadu Maidan) to conduct Onam Exhibition/Trade Fair, subject to the conditions stipulated in the Order. It had also been clarified therein that there could not be any activity in the Maidan except in accordance with the objects of the trust, since the Cochin Devaswom Board is the trustee in management of Devaswom property which comprises the Sree Vadakkunnathan Kshethra Maidan (Thekkinkadu Maidan). 

The Court further took note that in Cochin Devaswom Board v. Deputy Director, Kerala State Audit Department (2022), another Bench had directed that no sale/trade of any objectionable substances ought to be permitted in the exhibition ground in Thekkinkad Maidan, since the same is a Devaswom property. 

Additionally, in DBP No.32 of 2023, the Court had also directed the Cochin Devaswom Board and the Thrissur Municipal Corporation to ensure that the entire Sree Vadakkunnathan Kshethra Maidan (Thekkinkadu Maidan) is kept plastic-free and that the environmental safety levels are maintained in the entire Maidan in connection, in light of the Maidan becoming a dumping ground for plastic and containers used for distributing food and empty pet bottles, as well as non-biodegradable and biodegradable substances.

In view of such precedents, and the directions issued by the Court time and again in this regard, the Court proceeded to state that the Cochin Devaswom Board could not grant permission for any of the activities in the Kshethra Maidan, for which permission had been sought. 

"Non-vegetarian food, bottles of alcohol and other prohibited articles cannot be permitted to be carried in any of the vehicles parked within the premises of the temple compound or the properties of the Board contiguous to the temple. The parking ground in Sree Vadakkunnathan Kshethra Maidan, which is a Devaswom land, is not a place where the members of the production unit of the petitioner can be granted permission to take food on the days in which film shooting takes place in the Swaraj round. Similarly, any permission granted for film shooting in the parking area of the Kshethra Maidan or near the road leading to Sree Vadakkunnathan Temple from ‘Manikandanaal’ area or the parking area in the Kshethra Maidan will result in the movement of the devotees through the roads leading to the temple being restricted or regulated by the members of the production unit or even by ‘bouncers’ engaged by the production units in film shooting sites. The Cochin Devaswom Board cannot grant permission for any such activities in the Kshethra Maidan," it was added. 

It thus held that it could not interfere with the order of the Special Devaswom Commissioner and proceeded to dismiss the plea. 

Counsel for the Petitioner: Advocates S. Renjith, R. Lakshmi Narayan, P.K. Sreevalsakrishnan, and K.R. Prathish

Counsel for the Respondents: Standing Counsel for Cochin Devaswom Board K.P. Sudheer

Citation: 2023 LiveLaw (Ker) 621

Case Title: Joseph George v. Cochin Devaswom Board & Ors. 

Case Number: WP(C) NO.33334 OF 2023

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