K. Arunkumar v. State of Kerala and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 9[TH] DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944 ``` ``` WP(C) NO.6657 OF 2007 ``` ## **`PETITIONER:`** ``` K.ARUNKUMAR S/O.PROF.M.K.GANGADHARAN, AGED 38 YEARS,14/D1, MAHARAJA COMPLEX,SOUTH NADA, GURUVAYOOR. ``` ``` BY ADVS. ``` ``` SRI.SAJEEV KUMAR K.GOPAL SRI.BINOY VASUDEVAN ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTD BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOMS), DEPARTMENT, THIRUVANANTHAPURAM.`** - **`2 COMMISSIONER OF GURUVAYOOR DEVASWOM SECRETARIAT, THIRUVANANTHAPURAM.`** - **`3 GURUVAYOOR DEVASWOM MANAGING COMMITTEE REPRESENTED BY ITS ADMINISTRATOR.`** - **`4 THE ADMINISTRATOR GURUVAYOOR DEVASWOM, GURUVAYOOR.`** - **`5 CIRCLE INSPECTOR OF POLICE GURUVAYOOR.`** - **`6 EMMANUEL JEEVA KARUNAYA SAMITI PALAYUR, THRISSUR DISTRICT. BY ADV. SRI.T.K.VIPINDAS`** ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C)No.6657 of 2007 ## **J U D G M E N T** Anil K. Narendran, J. The petitioner, who is a devotee of Lord Guruvayurappan of Guruvayur Sree Krishna Temple, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to conduct a full-fledged enquiry by Crime Branch to enquire into the various facets of the incident which occurred on 10.08.2006 at the temple premises in which 16 aged and orphan devotees were allegedly removed forcefully by the 6[th] respondent Samithi. The petitioner has also sought for an order directing respondents 2 to 4 to produce the report, if any, by the Health Supervisor of the Guruvayur Devaswom, who conducted an enquiry into the incident, for perusal and further action of this Court; and to provide Old Age Home at Guruvayur under the supervision, control and management of Guruvayur Devaswom, in order to protect and safeguard the interest of poor, aged and orphan devotees, who used to be there in the premises of Guruvayur Sree Krishna Temple. The averments in this writ petition are in respect of an incident that happened on 10.08.2006 in the premises of Guruvayur Sree Krishna Temple, in which 16 aged orphan devotees were allegedly removed forcefully from Melpathur Auditorium by the 6[th] respondent Samithi. 3 W.P.(C)No.6657 of 2007 2. On 28.02.2007, when this writ petition came for admission the learned Standing Counsel for Guruvayur Devaswom Managing Committee was directed to get instructions. 3. A statement dated 02.04.2007 has been placed on record by the learned Standing Counsel, on behalf of the 3[rd] respondent Guruvayur Devaswom Managing Committee, which reads thus; “At the outset, it is respectfully submitted that the petitioner has not stated the real facts before this Hon'ble Court. It is submitted that on 10.8.2006 at about 11.00 a.m. the security guard approached the Temple Security Officer and Health Supervisor to provide an ambulance to take an aged devotee to hospital who was in a critical condition. Since the ambulance owned by Devaswom is under repair and the ambulance owned by Municipality was also not available and therefore the officials of the Devaswom tried for a private ambulance. It is also informed to all security guards on duty to open all the gates of the temple for the purpose of taking him to the hospital in an ambulance. Thereafter, the Directors of the 6[th] respondent organisation, Sri.Simon Vailathur and Sri.C.N.Jacob and two police constables from the Guruvayur Police Station came in an ambulance owned by 6[th] respondent and they entered into the temple premises through the southern gate. Even before that, the 6[th] respondent organisation has been involved in the welfare and upliftment of the aged and poor orphan devotees staying in the temple premises. On enquiry, it is understood that the Directors of 6[th] respondent sought police help. As per the direction of the 5[th] respondent, two policemen came along with the officials of the 6[th] 4 W.P.(C)No.6657 of 2007 respondent in the ambulance. Devaswom officials allowed the ambulance owned by the 6[th] respondent to enter into the temple premises for the reason stated above. The intention of the 6[th] respondent was to take the poor aged orphans to the orphanage owned by the Social Welfare Department at Ramapuram. When the 6[th] respondent tried to take them in an ambulance, one mentally retarded aged lady obstructed the same and refused to go along with them. Hearing the hue and cry of that lady, the devotees of the temple and Devaswom officials obstructed the same. Hence the 6[th] respondent has taken only the aged sick man to the hospital, who died on the very next day. It is submitted that no vehicles were taken into the temple premises as alleged by the petitioner. The Devaswom officials used to permit vehicles to enter into the temple premises to take the sick and aged devotees to hospital as and when required. The allegation that removal of aged orphan devotees in the temple premises was part of forceful conversion is baseless and unfounded. There is no negligence and laches on part of the 3[rd] respondent, as alleged by the petitioner. The Devaswom, thereupon has ordered enquiry regarding the conduct of security guards and policemen came in the ambulance along with the officials of 6[th] respondent. Accordingly, the Health Supervisor attached to the Devaswom conducted an enquiry. Thereupon, the Devaswom has transferred the two security guards, who were under duty at that time on the southern gate. The allegations against the 3[rd] respondent in the writ petition are incorrect, and hence, denied. Moreover, W.P.(C)No.22617 of 2006 was filed by Hindu Ikya Veedi for the very same relief. As this Hon'ble Court was not pleased to entertain the Ikya Veedi for the same relief. As this 5 W.P.(C)No.6657 of 2007 Hon'ble Court was not pleased to entertain the writ petition, the counsel for the petitioner sought liberty to pursue appropriate remedy. The apprehension of petitioner is baseless. The Devaswom has taken all necessary steps to protect the interest of the aged orphan devotees of the temple by providing food and medicine. They are also given treatment in the hospital owned by the Devaswom.” 4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1, 2 and 5 and the learned Standing Counsel for Guruvayur Devaswom Managing Committee for respondents 3 and 4. 5. The properties belonging to Sree Krishna Temple, Guruvayur, and the income derived therefrom, including the endowments and offerings are vested in the deity, Lord Guruvayurappan, a perpetual minor. 6. A reading of the preamble of the Guruvayur Devaswom Act, 1978 will clearly show that the authorities constituted under the said Act, especially the Guruvayur Devaswom Managing Committee, the Administrator and the Commissioner are enjoined with duty to administer, control and manage the affairs of the Temple, its properties and endowments. Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple. 6 W.P.(C)No.6657 of 2007 7. Section 10 of the Act deals with the duties of the Committee. As per Section 10(a), subject to the provisions of the Act and the rules made thereunder, it shall be the duty of the Committee, subject to the custom and usage in the Temple, to arrange for the proper performance of the rites and ceremonies in the Temple and the subordinate temples attached thereto in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under Section 20 or, till the dittam or scale of expenditure is fixed under that Section, in accordance with the dittam or scale of expenditure fixed for the Temple and the subordinate temples under Section 51 of the Madras Hindu Religious and Charitable Endowments Act, 1951; and as per Section 10(a), to provide facilities for the proper performance of worship by the worshippers. 8. In **Bijesh Kumar M. and others v. State of Kerala and** **others [2021 (1) KHC 51]** a Full Bench of this Court held that the role assigned to Guruvayur Devaswom Managing Committee constituted under Section 3 of the Guruvayur Devaswom Act, 1978, is that of a trustee in management of the properties vested in the deity. Guruvayur Devaswom Managing Committee, which functions as a trustee, is bound to administer, control and manage the properties belonging to Guruvayur Devaswom in accordance with 7 W.P.(C)No.6657 of 2007 public interest and in the interest of the worshippers. As provided in Section 17, the Administrator shall function as the Secretary to Guruvayur Devaswom Managing Committee and he shall be the Chief Executive Officer functioning subject to the control of the Committee. He is bound to carry out the decisions taken by Guruvayur Devaswom Managing Committee in accordance with the provisions of the Act. 9. In **Bijesh Kumar M.** the Full Bench held that, all the properties, including movable and immovable properties and money, dedicated to or endowed in the name of Lord Guruvayurappan or any property acquired in any manner by Guruvayur Devaswom shall vest in the idol of Lord Guruvayurappan, consecrated in Sree Krishna Temple, Guruvayur. Guruvayur Devaswom Managing Committee constituted under Section 3 of the Guruvayur Devaswom Act is legally bound to administer, control and manage all the properties belonging to Guruvayur Devaswom in accordance with the provisions of the said Act. The Administrator and the Commissioner shall also function within the frame work of the statute. The legal status of Guruvayur Devaswom Managing Committee constituted under Section 3 of the Act is that of a trustee in management of the Devaswom properties and the Committee is duty bound to scrupulously follow the stipulations contained in the Act of 1978. Unless a contrary intention, either expressly or by necessary implication, arises from the 8 W.P.(C)No.6657 of 2007 provisions of the statute in any particular subject or context, Guruvayur Devaswom Managing Committee is legally bound to administer and manage the Devaswom and its properties in accordance with the settled legal principles relating to the administration of Hindu Religious Trusts. Guruvayur Devaswom Managing Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. 10. Regarding the incident happened on 10.08.2006 in the premises of Guruvayur Sree Krishan Temple, the Managing Committee has ordered enquiry and transferred two Security Guards, who were under duty at that time on the southern gate of the temple. The specific stand taken in the statement filed on behalf of the 3[rd] respondent Guruvayur Devaswom Managing Committee is that the ambulance owned by the 6[th] respondent Samithi entered temple premises through southern gate, for the purpose of taking an aged orphan devotee to hospital and that, the intention of the Samithi was to take aged orphan devotees to the orphanage run by the Social Welfare Department at Ramapuram. The Devaswom has taken all necessary steps to protect the interest of aged orphan devotees, by providing food and medicine and they are given treatment in the hospital owned by the Devaswom. 9 W.P.(C)No.6657 of 2007 Having considered the materials on record and also the submissions made by the learned counsel on both sides, we deem it appropriate to dispose of this writ petition by directing the 3[rd] respondent Guruvayur Devaswom Managing Committee to take necessary steps to protect the interest of aged devotees in the temple premises by providing them food and medicine. The Managing Committee shall also consider the question of providing such aged devotees in the temple premises, safe shelter during night. **Sd/ANIL K. NARENDRAN JUDGE** **Sd/P.G. AJITHKUMAR JUDGE** PV 10 W.P.(C)No.6657 of 2007 ``` APPENDIX OF WP(C)6657OF 2007 ``` ``` PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NEWS ITEM APPEARED IN NEW INDIAN EXPRESS DAILY DATED 12.08.06 Exhibit P2 TRUE COPY OF THE NEWS ITEM APPEARED IN NEW INDIAN EXPRESS DAILY DATED 11.08.06 Exhibit P3 TRUE COPY OF THE NEWS ITEM APPEARED IN NEW INDIAN EXPRESS DAILY DATED 15.08.06 Exhibit P4 TRUE COPY OF THE NEWS ITEM APPEARED IN NEW INDIAN EXPRESS DAILY DATED 14.08.06 ```