Kerala High Court Halts Construction Proposal at Vaikom Sree Mahadeva Temple

Court stresses preservation of temple's architectural heritage; mandates stringent guidelines for future constructions.

In a significant ruling, the Kerala High Court's Division Bench, comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar, has declined the approval of a construction proposal for a new Prathalpura at the historic Vaikom Sree Mahadeva Temple. The court emphasized the importance of maintaining the temple’s architectural and spiritual sanctity and issued comprehensive guidelines for any future construction within temple precincts.

The Travancore Devaswom Board had sought approval for a contract worth approximately Rs.1.92 crore to construct a Prathalpura intended to serve prasadam to devotees, especially during the annual Vaikathashtami festival. The proposal, featuring a steel structure with Mangalore-style roofing tiles, was intended to alleviate the longstanding issue of pilgrims waiting without shelter.

However, the court noted objections from the temple Thanthri and expert opinions, highlighting that such constructions could undermine the temple's aesthetic and spiritual essence. The Bench observed that the proposed structure would significantly impair the temple's architectural beauty and heritage character. The court further highlighted the absence of detailed specifications concerning the materials to be used, adding that the proposal was incompatible with traditional Kerala temple architecture principles.

The Court has now laid down detailed directives for future constructions, mandating aesthetic and architectural impact assessments, consultation with temple authorities and expert architects, and a rigorous evaluation of necessity. It also emphasized minimizing unnecessary constructions and ensuring adherence to civil-engineering norms.

To expedite future proposals, the Court instructed that all applications for construction exceeding Rs.20 lakh should be filed directly before it, bypassing the current process involving the Ombudsman. Additionally, comprehensive documentation reflecting compliance with engineering and procurement norms must accompany such applications.

The ruling underscores the judiciary's role in safeguarding cultural and heritage sites, balancing modern needs with traditional values. The Travancore Devaswom Board has been advised to explore alternative, less intrusive solutions, such as planting sacred trees, to provide shade and shelter for devotees during festivals.

Bottom Line:

Temple construction - Any construction within a temple or its precincts must be approached with utmost restraint and circumspection. Proposals must consider aesthetics, heritage value, and architectural harmony, with mandatory consultations with temple Thanthri and accredited temple architects.

Statutory provision(s):  

• - G.O.(P) No. 13/2012/PWD dated 01.02.2012
• - W.P.(C) No.16438/2010
• - D.B.A. No.16/2016

Travancore Devaswom Board v. Deputy Director, Kerala State Audit Department, (Kerala)(DB) : Law Finder Doc Id # 2814304