Hindu Aikyaved i v. Guruvayur Devaswom Managing Committee

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G. GIRISH ``` ``` THURSDAY, THE 14[TH] DAY OF DECEMBER 2023/23RD AGRAHAYANA, 1945 ``` ``` RP NO.943OF 2019 ``` ``` OF HIGH COURT OF KERALA ``` ## **`REVIEW PETITIONER/4[TH] RESPONDENT IN THE DBA:`** ``` THE SECRETARY HINDU AIKYAVEDI, SANGH VIHAR, GURUVAYUR-680101. ``` ``` BY ADV SAJEEV KUMAR K.GOPAL ``` ``` RESPONDENTS/PETITIONER/RESPONDENT 1 TO3: ``` ``` 1THE GURUVAYUR DEVASWOM MANAGING COMMITTEE REPRESENTED BY THE ADMINISTRATOR, GURUVAYUR-680101. 2THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. ``` ``` 3THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010. ``` ``` 4THE INSPECTOR GENERAL OF POLICE, THRISSUR RANGE, THRISSUR-680009. BY ADV SRI.T.K.VIPINDAS ``` ``` SRI S.RAJMOHAN – SR.GOVERNMENT PLEADER ; SRI T.K.VIPINDAS - STANDING COUNSEL -GURUVAYUR DEVASWOM MANAGING COMMITTEE ``` ``` THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` R.P No.943 of 2019 ## **ORDER** ## **Anil K. Narendran, J.** The petitioner, who is the 4[th] respondent in DBA No.4 of 2019, has filed this Review Petition, seeking review of the order of this Court dated 09.04.2019 in DBA No.4 of 2019, which was one filed by Guruvayur Devaswom Managing Committee, seeking permission to lease out 21 cents of Devaswom land to the Home Department of the State of Kerala for the construction of an integrated building for the Guruvayur Temple Police Station and Guruvayur Security Command Centre, without transferring title or ownership of the land in favour of the 3[rd] respondent Inspector General of Police, Thrissur Range, on an undertaking that the construction would be carried out by the Home Department using their own funds, without claiming any value of improvements on the termination of the lease period, subject to the approval of Devaswom Commissioner, Guruvayur Devaswom. In that DBA, the review petitioner, namely, the Secretary, Hindu Aikyavedi, Guruvayur was impleaded as the additional 4[th] respondent, as per the order dated 04.04.2019 in I.A No.1 of 2019, filed by Guruvayur Devaswom Managing Committee. The notice issued to the additional 4[th] respondent by special messenger, returned after service. Thereafter, that DBA was disposed of by the order dated 09.04.2019. Paragraphs 3 to 5 of that order read thus; ``` 3 ``` R.P No.943 of 2019 “3. As per G.O.(Rt) No.2247/2014/Home dated 14.8.2014 a new police station was formed bifurcating the jurisdiction of Guruvayur Police Station as part of ensuring advanced safety to the thousands of devotees visiting the prime pilgrim destination of the State as well as the country. The Guruvayur Temple Police Station is currently functioning in a building bearing No.X/528 of Guruvayur Municipality and owned by the Guruvayur Devaswom in 21 cents of land in Sy.No.106/57A of Guruvayur Village on rental basis. Having found that the space currently available in the existing building of Guruvayur Temple Police Station is inadequate to meet the demands from various angles the 3rd respondent requested the Chairman of the Guruvayur Devaswom to have integrated building for the Guruvayur Temple Police Station and Guruvayur Security Command Centre that could accommodate Temple Police Station, Sub Division Police Office, Guruvayur Security Control Room, etc. After considering the request the Guruvayur Devaswom Managing Committee sought necessary permission from this Court for construction of the police station. In Annexure.A3, this Court left open the Guruvayur Devaswom to do so. 4. Being one of the most prominent pilgrim spots of the country, security and safety of the Guruvayur Sree Krishna Swami Temple deserves special consideration. By way of abundant caution this Court impleaded the petitioner in DBP.No.91/2010 as additional 4th respondent. The above DBP was registered on the basis of a letter issued by the additional 4th respondent to this Court wherein allegations have been made that the Government of Kerala and in particular, the Home Department is in possession of the land belonging to the Guruvayur Devaswom unauthorisedly and without paying the necessary license fee. The additional 4[th] ``` 4 ``` R.P No.943 of 2019 respondent has not entered appearance despite receipt of notice from this Court. The version put forth by the Devaswom is not disputed or objected by anyone. Under the circumstances, unless the permission is granted, the petitioner as well as the devotees will be put to hardships due to lack of an integrated building to monitor the security measures in the temple premises. 5. In the result, the DBA is disposed of granting permission to lease out 21 cents of land to the Home Department for construction of integrated building for Guruvayur Temple Police Station and Guruvayur Security Command Centre without transferring the title or ownership of the land in favour of the 3rd respondent on the undertaking that the construction would be carried out by the Home Department using their own funds without claiming any value of improvements on the termination of the lease period subject to approval of the Guruvayur Devaswom Managing Committee.” 2. Seeking review of the above order dated 09.04.2019, the petitioner is before this Court in this review petition, invoking the provisions under Order XLVII Rule 1, read with Section 114 of the Code of Civil Procedure 1908, along with CM Appl. No.1 of 2019 seeking condonation of delay of 140 days. That application was allowed and the delay was condoned by the order dated 29.01.2020. 3. On 07.07.2023, when this review petition came up for consideration, the learned Standing Counsel for Guruvayur Devaswom Managing Committee submitted that the construction of ``` 5 ``` R.P No.943 of 2019 the Police Station in the property in question has already been completed two years back and that the Police Station is presently functioning in that building for the last more than one year. The learned counsel for the petitioner sought adjournment. 4. On 21.07.2023, the learned Standing Counsel for Guruvayur Devaswom Managing Committee has made available for the perusal of this Court an order dated 16.04.2019 of the Devaswom Commissioner, which has already been referred to in paragraph No.11 of the counter affidavit filed by the managing committee in this review petition. In view of the contention raised by the learned counsel for the review petitioner that the procedure contemplated under Section 11 of the Guruvayur Devaswom Act, 1978, was given a go bye, while taking such a decision on 16.04.2019, this Court directed the learned Senior Government Pleader to make available for the perusal of this Court, the files relating to that order. 5. On 12.07.2023, when this review petition came up for consideration, it was ordered to be listed along with the Judges papers in DBA No.4 of 2019. Along with the memo filed by the learned Senior Government Pleader, the files relating to order GDC1/13/2019/GDC dated 16.04.2019 are placed on record. 6. Heard the learned counsel for the review petitioner, the ``` 6 ``` R.P No.943 of 2019 learned Standing Counsel for Guruvayur Devaswom Managing Committee for the 1[st] respondent and also the learned Senior Government Pleader for respondents 2 to 4. 7. In **Hindu Seva Kendram v. State of Kerala and others [2022 (3) KHC SN 8 : 2022 SCC OnLine Ker 1708 : 2022:KER:15165]** a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party held that in view of the provisions under the Guruvayur Devaswom Act, the authorities constituted under the said Act, namely, the Managing Committee and the Administrator are enjoined with duty to administer, control and manage the affairs of Guruvayur Devaswom, its properties and endowments. The role assigned to the Managing Committee is that of a trustee in the management of the properties vested in the deity. In the said decision it was further held that in the matter of alienation of Devaswom properties, the Managing Committee and the Commissioner have to scrupulously follow the statutory mandate of Section 11 of the Guruvayur Devaswom Act. Before according sanction for alienation of the properties, the Commissioner has to record his satisfaction that such alienation is necessary or beneficial to the Devaswom, as provided under subsection (1) on sub-section (2) of Section 11 of the Act. Before according such sanction, the Commissioner has to follow the ``` 7 ``` R.P No.943 of 2019 procedure prescribed under sub-section (3) of Section 11 of the Act by inviting objections and suggestions from the Managing Committee or persons having interest in Guruvayur Temple. It is also the duty of the Commissioner to consider all such objections and suggestions before according sanction for such alienation. As per the mandate of sub-section (4) of Section 11, while according sanction for alienation, the Commissioner may impose such conditions and such directions as may be necessary regarding utilizations of the amount raised by such transactions, the investment thereof, etc. On a copy of the order made by the Commissioner communicated to the competent authorities and published in the manner prescribed, the Managing Committee or any person having interest in Guruvayur Temple can institute a suit in the court to modify the order or set aside the same, as provided under sub-section (6) of Section 11 of the Act. Sub-rule (4) of Rule 12 of Guruvayur Devaswom Rules prescribes the procedure that has to be followed by the Commissioner before according sanction for alienation of any movable or immovable properties. 8. From the pleadings and materials on record and also the submissions made at the Bar, it appears that the procedure contemplated in the statutory provisions referred to hereinbefore has not been followed in letter and spirit, since there was a ``` 8 ``` R.P No.943 of 2019 direction by this Court in the order dated 09.04.2019 in DBA No.4 of 2019, i.e., in the order sought to be reviewed, whereby, the Managing Committee was directed to proceed with the matter, subject to the conditions stipulated in paragraph No.5 of that order. The building in question has already been constructed, which is in occupation by the police as Guruvayur Temple Police Station and Guruvayur Security Command Centre. In such circumstances, at this point of time, we find no reason to invoke the review jurisdiction under Order XLVII Rule 1 of the Code of Civil Procedure 1908, to review the order dated 09.04.2019 in DBA No.4 of 2019. The review petition fails and the same is accordingly, dismissed. **Sd/-** **Sd/G. GIRISH, JUDGE** vgd ``` 9 ``` R.P No.943 of 2019 ## **`APPENDIX OF RP 943/2019`** ``` PETITIONER’S ANNEXURES ANNEXURE 1TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE CHIEF JUSTICE OF THIS HON'BLE COURT COPY TO THE CHIEF MINISTER AND OTHERS. ANNEXURE 2TRUE COPY OF THE ORDER DATED 09.02.2010 OF THE COMMISSIONER FOR GURUVAYUR DEVASWOM. ANNEXURE 3TRUE COPY OF THE INTERIM ORDER DATED 29.06.2011 IN DBP NO.91/2010. ANNEXURE 4TRUE COPY OF THE RESOLUTION NO. 323 AT ITS MEETING HELD ON 10.02.015. ANNEXURE 5TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING HELD ON 09.07.2015 IN RESOLUTION NO.23. ```