Kerala High CourtReligious and Personal LawAdministrative and Public Law

Thantris Can’t Claim Replaced Flag-Mast Vahanam On Ritual Text Alone: Kerala HC Upholds Devaswom Asset Circular

M.S.SREERAJKRISHNAN POTTIv.STATE OF KERALA

Thantris Can’t Claim Replaced Flag-Mast Vahanam On Ritual Text Alone: Kerala HC Upholds Devaswom Asset Circular. M.S.SREERAJKRISHNAN POTTI vs STATE OF KERALA. Kerala High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

Whether the Thantri’s claimed ritual or customary entitlement under the *Thantra Samuchayam* conferred a proprietary right to receive or appropriate a Vahanam removed from a replaced flag mast

The court held

The Court held that the petitioners had not established a right to receive or appropriate the replaced Vahanam and found no basis to invalidate Ext.P2 on the grounds raised.

It also directed

The writ petition was dismissed

01Facts

The petitioners, who stated that they were Thantris and office-bearers of the Akhila Thantri Pracharak Sabha, challenged a 2012 Travancore Devaswom Board circular (Ext.P2).

pp. 3–6

They claimed that, under the customary practice described in the *Thantra Samuchayam*, a Thantri was entitled to receive the old Vahanam removed from a replaced flag mast, either as a donation or after it was melted.

pp. 3–6

The Board maintained that articles from which the deity’s *Chaithanyam* had been detached remained Devaswom property and had to be accounted for as such.

pp. 3–6

The petitioners sought to quash Ext.P2 insofar as it required such articles to be retained by the Board

pp. 3–6

02Issues

i.Whether the Thantri’s claimed ritual or customary entitlement under the *Thantra Samuchayam* conferred a proprietary right to receive or appropriate a Vahanam removed from a replaced flag mast

pp. 7–9, 11–12

ii.Whether Ext.P2 was illegal or unsustainable insofar as it treated replaced metal articles and other valuables as Devaswom assets to be retained and accounted for by the Board

pp. 7–9, 15

03Law Applied

Articles 25 and 25(2)(a) of the Constitution protect religious practice while permitting regulation of economic, financial and other secular activities associated with religion, including the administration of religious property

pp. 11–12

The Court relied on the principle that property dedicated to a deity belongs to the deity and that a temple functionary does not acquire ownership merely by performing religious duties or managing the property

pp. 10, 13–14

It referred to *K. Ramalingam v. State of Tamil Nadu*, [2026 INSC 1144]; *State of Madhya Pradesh v. Pujari Utthan Avam Kalyan Samiti*, (2021) 10 SCC 222; and *State of Orissa v. Shri Jagannath Temple Managing Committee*, (1997) 8 SCC 422, on the distinction between religious functions and secular administration of temple property

pp. 10, 13–14

Chapter XI of the Devaswom Manual, including Rule 3(a), requires valuables belonging to the Devaswom—including specified articles made of gold, silver or Panchaloham—to be entered in the appropriate registers

p. 9

04Reasoning

The Court recognised the Thantri’s authority over ritual matters but distinguished that authority from ownership or control of the deity’s property.

pp. 11–14

It held that the ritual prescription in the *Thantra Samuchayam* could inform the procedure for dealing with replaced articles, but, without more, did not establish a proprietary entitlement in the Thantri

pp. 11–14

The Board’s accounting and retention of valuables were supported by the Devaswom Manual and the secular administrative framework governing temple property

p. 9

The Court also noted that Ext.P2 had been followed for fourteen years and that no sufficient ground for interference had been made out

p. 15

05Holding

The Court held that the petitioners had not established a right to receive or appropriate the replaced Vahanam and found no basis to invalidate Ext.P2 on the grounds raised.

p. 15

The writ petition was dismissed

p. 15
Kerala High Court

Original Court PDF

M.S.SREERAJKRISHNAN POTTIvsSTATE OF KERALA

Kerala High Court · November 03, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment