Title: Joseph George v. Cochin Devaswom Board & Ors.
Citation: WP(C) NO.33334 OF 2023
Decided on: 27.10.2023
Coram: Justice Anil K. Narendran and Justice Sophy Thomas
Introduction
The Kerala High Court recently affirmed the decision delivered by the Special Devaswom Commissioner of the Cochin Devaswom Board to reject a request from ‘Appu Pathu Pappu Production House’ to film certain scenes of the movie ‘PANI’ on the Sree Vadakkunnathan Temple grounds in Thrissur.
Facts of the case
The petitioner, who is also the proprietor, had submitted an application to the Special Devaswom Commissioner, requesting approval for filming specific scenes of their movie at the Kshethra Maidan. They also sought permission to park all the production unit’s vehicles on the Maidan and have meals on the days when filming occurs at the Swaraj Ground. The Special Devaswom Commissioner decided not to grant permission to the petitioner for film shooting in Sree Vadakkunnathan Kshethra Maidan. Feeling aggrieved by the rejection of the application, the petitioner is before this Court in this writ petition, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari.
Court’s observation and analysis
In its ruling, the Kerala High Court noted that granting permission for film shooting in the parking area of Kshethra Maidan or near the roads leading to Sree Vadakkunnathan Temple, particularly from the ‘Manikandanaal’ area and parking grounds, could potentially restrict or control the movement of devotees along those roads by the production unit members or hired ‘bouncers’ during filming. As a result, the Cochin Devaswom Board was unable to authorize such activities in the Sree Vadakkunnathan Kshethra Maidan. The Court emphasized that non-vegetarian food, alcohol bottles, and prohibited items should not be allowed in any of the vehicles parked within the temple compound or the properties adjacent to the temple that belong to the Board. Furthermore, the parking area within Sree Vadakkunnathan Kshethra Maidan, which is Devaswom-owned land, was deemed unsuitable for granting permission to the petitioner’s production unit to have meals on the days when filming occurs in the Swaraj Ground. Therefore, the Cochin Devaswom Board was precluded from granting permission for such activities in the Kshethra Maidan. Consequently, the Court concluded that it could not intervene with the Special Devaswom Commissioner’s decision and proceeded to reject the petitioner’s plea.
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