High Court of KeralaDivision BenchDisposed of with directions to ensure strict co...

P.C. Satheesh Kumar v. Guruvayur Devaswom Managing Committee

Case / Petition Number:O.P. No.13375 of 1999

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • P. G. Ajithkumar
Judgment Date
2023-06-09
Court Decision / Holding
The original petition is disposed of by directing the 1st respondent Guruvayur Devaswom Managing Committee to ensure strict compliance of the directions contained in the order dated 21.06.2022 in DBP No.21 of 2021.
Final Disposition
Disposed of with directions to ensure strict compliance of the directions contained in the order dated 21.06.2022 in DBP No.21 of 2021.

Parties to the Case

Appellants / Petitioners

  • P.C. Satheesh Kumar

Respondents

  • Guruvayur Devaswom, Managing Committee represented by the Administrator, Sree Krishna Temple, Guruvayoor
  • The Chairman, Guruvayur Devaswom, Managing Committee, Guruvayoor
  • Guruvayur Devaswom Commissioner, Thiruvananthapuram (Addl. R3)

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri K. Ramachandran
  • • Sri Krishnakumar Mangot

Counsels for Respondents

  • • Sri P. Gopal
  • • Sri V. Krishna Menon
  • • Sri K. Radhakrishnan Sr.
  • • Sri U. K. Ramakrishnan Sr.
  • • Sri P. N. Raveendran, SC, GDB

Case Synopsis & Summary

The petitioner, P.C. Satheesh Kumar, is the son of Leela Antharjanam and a co-owner of Jayasree Lodgings in Guruvayur. He filed this original petition under Article 226 of the Constitution seeking a writ of certiorari to quash Exts.P8 (03.05.1999) and P9 (16.07.1999) proceedings and also Resolution No.1 (03.05.1999) of the Guruvayur Devaswom Managing Committee. He seeks a writ of mandamus directing the respondents to allow his vehicles to enter via the northern gate and to use the road along the eastern bank of the temple pond for ingress/egress to Jayasree Lodgings, and to issue passes for transporting materials, and to permit him to take his motorbike KL-08/M-2459 through the northern gate to Jayasree Lodgings pending final disposal. The grievance is that the Managing Committee’s 03.05.1999 resolution restricted vehicular traffic through the northern gate for temple security, a position rooted in prior resolutions (e.g., 02.09.1998, referenced in Ext.P1 in W.A.No.1757 of 1998). Interim directions in 1999 directed the Committee to consider the request, and in 2000 the Administrator communicated that permission was granted via the eastern route (Resolution No.33, 21.04.2000). The judgment explains the Guruvayur Devaswom Act, 1978 (Sections 3, 10, 35) and Rules (3, 4, 6), as well as the Madras Hindu Religious and Charitable Endowments Act (Sections 20, 51), and notes Suo Motu decisions (2021–2022) restricting Nadappanthal vehicle entry. The petition is disposed of with a directive to ensure strict compliance with the 21.06.2022 order in DBP No.21 of 2021, reflecting the balance between worshipper rights and temple security.

Provisions of Law Cited

Guruvayur Devaswom Act, 1978 - Section 3Guruvayur Devaswom Act, 1978 - Section 10Guruvayur Devaswom Act, 1978 - Section 35Guruvayur Devaswom Rules, 1980 - Rule 3Guruvayur Devaswom Rules, 1980 - Rule 4Guruvayur Devaswom Rules, 1980 - Rule 6Madras Hindu Religious and Charitable Endowments Act, 1951 - Section 20Madras Hindu Religious and Charitable Endowments Act, 1951 - Section 51Kerala Police Act, 2011 - Section 83Go (P) No. 74/2018/Home (SSZ)

Legal Doctrines & Maxims

  • Nadappanthal is not intended for movement of worshippers in vehicles; entry of vehicles through Nadappanthal will cause inconvenience to worshippers
  • Worshipper must exercise the right to worship in an accustomed manner subject to practice and tradition in Guruvayur Sree Krishna Temple
  • Thantri's decision on religious matters is final unless it violates statute
  • Guruvayur Devaswom Managing Committee is a trustee and must administer temple properties in accordance with relevant Hindu Religious Trust laws
  • Restricted vehicle entry should cause least inconvenience to worshippers; ambulance/disabled/elderly access may be permitted under controlled circumstances

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner seeks quashing of Exts.P8 and P9 and Resolution No.1 (03.05.1999) of the Guruvayur Devaswom Managing Committee, and requests permission for vehicular entry via the northern gate and for the eastern-side road to Jayasree Lodgings, with passes for material transport and to permit the petitioner’s motorbike KL-08/M-2459 to access Jayasree Lodgings pending final disposal. He argues that the 1998–1999 resolutions and interim orders guided relief for lodge owners, and that the Devaswom’s administrative actions should not hamper legitimate access. He relies on prior court directions (W.A.No.757/1998) to consider requests, and on subsequent resolutions granting interim permissions.

Contentions of Respondents

The respondents contend that temple security and welfare justify vehicular restrictions; Nadappanthal should not be used for worshipper movement; the Devaswom has to follow the Guruvayur Devaswom Act, 1978, the Rules, and related statutes, and must adhere to the Supreme Court/High Court directives in Suo Motu proceedings restricting vehicle entry through Nadappanthal; the 21.06.2022 order in DBP No.21 of 2021 should be strictly enforced; the 2000 permission granted to the petitioner was superseded by security considerations and subsequent orders; the temple is declared a Special Security Zone under Kerala Police Act, 2011.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
W.A.No.757 of 1998W.A.No.757 of 1998PositiveDirects the Managing Committee to consider the lodge owners’ requests; the present court adopts a similar approach.
W.A.No.1757 of 1998W.A.No.1757 of 1998Mentioned OnlyBackground reference; Ext.P1 judgment cited for context, not binding on the main issue.
O.P.No.8842/1999-CO.P.No.8842/1999-CMentioned OnlyExhibit P7; prior judgment cited for background.
Suo Motu [2022 (6) KLT 849] (DBP No.21 of 2021)DBP No.21 of 2021PositiveOrder dated 21.06.2022 directing compliance and restricting Nadappanthal vehicle entry; controlling precedent.
Suo Motu [2022 (6) KLT 849] (DBP No.52 of 2020)DBP No.52 of 2020PositiveOrder dated 07.12.2020; emphasizes statutory duties and process; cited in current decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

O.P. No.13375 of 1999 ``` 1 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` FRIDAY, THE 9[TH] DAY OF JUNE 2023 / 19TH JYAISHTA, 1945 ``` ``` OP NO. 13375OF 1999 ``` ``` PETITIONER: ``` ## **`P.C.SATHEESH KUMAR`** ``` S/O. SMT. LEELA ANTHARJANAM ``` ``` PUZHAKKARA CHENNAS MANACKAL, ``` ``` P.O. ERAMANGALAM, MALAPPURAM DISTRICT ``` ``` BY ADVS.SRI.K.RAMACHANDRAN SRI.KRISHNAKUMAR MANGOT ``` ## **`RESPONDENTS:`** - **`1 THE GURUVAYOOR DEVASWOM, MANAGING COMMITTEE REPRESENTED BY THE ADMINISTRATOR SREE KRISHNA TEMPLE, GURUVAYOOR`** - **`2 THE CHAIRMAN, GURUVAYOOR DEVASWOM, MANAGING COMMITTEE GURUVAYOOR`** - **`3 *ADDL. R3 IS IMPLEADED THE GURUVAYOOR DEVASWOM COMMISSIONER THIRUVANANTHAPURAM`** - **`*ADDL. R3 IMPLEADED AS PER ORDER DATED 10.09.1999 IN C.M.P. NO. 34051/99`** ``` BY ADVS.SRI.P.GOPAL SRI.V.KRISHNA MENON SRI.K.RADHAKRISHNAN SR. SRI.U.K.RAMAKRISHNAN SR. SRI.P.N.RAVEENDRAN, SC, GDB ``` O.P. No.13375 of 1999 ``` 2 ``` ``` BY SRI. RAJMOHAN, GOVERNMENT PLEADER ``` ``` BY SRI. SANTHOSH PODUVAL,SC ``` ``` THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOW- ING: ``` O.P. No.13375 of 1999 ``` 3 ``` ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is the son of Smt. Leela Antharjanam, who is one of the co-owners of Jayasree Lodgings in Guruvayur has filed this original petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P8 and P9 proceedings dated 03.05.1999 and 16.07.1999 and also resolution No.1 dated 03.05.1999 of the 1[st] respondent Guruvayur Devaswom Managing Committee. The petitioner has sought for a writ of mandamus commanding the respondents to allow the petitioner's vehicles to enter through the northern gate and use the road on the eastern bank of the temple pond; a writ of mandamus commanding the respondents to issue passes for transporting materials to Jayasree Lodgings, which situates on the side of the road on the eastern bank of the temple pond; and to direct the 1[st] respondent to issue necessary orders permitting the petitioner to take at least his motorbike through the northern gate and to use the road on the eastern side of the temple pond for ingress to and egress from Jayasree Lodgings pending final disposal of the original petition. 2. The grievance of the petitioner is against the restrictions imposed by the 1[st] respondent Managing Committee blocking vehicular traffic through the northern gate to Jayasree O.P. No.13375 of 1999 ``` 4 ``` Lodgings on the ground of security of Guruvayur Sree Krishna Temple. The request made by the petitioner for taking the vehicle through the northern gate of Guruvayur Sree Krishna Temple was rejected by resolution No.1 dated 03.05.1999 of the Managing Committee, taking note of the earlier decision taken by the Managing Committee vide resolution No.50 dated 02.09.1998, which was referred to in Ext.P1 judgment of this Court dated 09.09.1998 in W.A.No.1757 of 1998. The decision taken by the Managing Committee on 03.05.1999 was intimated to the petitioner vide Ext.P8 order dated 03.05.1999, which was followed by Ext.P9 order dated 16.07.1999 of the 3[rd] respondent Commissioner, Guruvayur Devaswom. 3. On 02.07.1999, when this original petition came up for consideration, this Court passed the following order; “Heard counsel on either side. Petitioner has approached this court seeking a direction to the respondents to allow the petitioner's motorbike to be taken through the road on the eastern bank of the Sree Krishna Temple Tank, Guruvayur. According to the petitioner, he is the son of Smt.Leela Antharjanan, one of the owners of the Jayasree Lodgings Guruvayǝer. It is also his case that he is managing all the affairs of the Jayasree Lodgings on behalf of his mother and co-owners and therefore, if he is not permitted to take his motorbike to the premises he will be put to considerable prejudice. Identical request was made by some of the lodge owners before the Devaswom Board and O.P. No.13375 of 1999 ``` 5 ``` later before this Court and this Court passed an order in W.A.No.757 of 1998 directing the Managing Committee of the Guruvayur Devaswom to consider their request. I am of the view the same course could be adopted in this case as well. Accordingly, there will be a direction to the Managing Committee of Guruvayur Devaswom to consider the request of the petitioner and take a decision within a period of two weeks from the date of receipt of a copy of this order.” 4. A statement dated 24.06.2000 on behalf of the 1[st] respondent Guruvayur Devaswom Managing Committee is placed on record, producing therewith a copy of Annexure A communication dated 11.05.2000 of the Administrator, whereby the petitioner was informed that vide resolution No.33 dated 21.04.2000 permission has been granted to take a motorcycle bearing registration No.KL-08/M-2459 to Jayasree Lodgings, through the way on the eastern side of the temple pond. 5. Heard Adv. Santhosh P. Poduval the learned counsel who represented the learned counsel for the petitioner and Adv. T.K. Vipindas, the learned Standing Counsel for Guruvayur Devaswom Managing Committee, for the respondents. 6. Going by the averments in paragraph 1 of the original petition, Jayasree Lodgings, which situates on the side of the road on the eastern bank of the temple pond, belongs to the Tantri family of Guruvayur Sree Krishna Temple. The petitioner, who is the son of Smt. Leela Antharjanam, who is one of the co-owners O.P. No.13375 of 1999 ``` 6 ``` of Jayasree Lodgings, filed this writ petition mainly relying on the earlier decision taken by the 1[st] respondent Guruvayur Devaswom Managing Committee, vide resolution No.50 dated 02.09.1998, which was referred to in Ext.P1 judgment of this Court dated 09.09.1998 in W.A.No.1757 of 1998. Pursuant to the direction contained in the interim order dated 02.07.1999, the Managing Committee, vide resolution No.33 dated 21.04.2000 granted permission to the petitioner to take a motorcycle bearing registration No.KL-08/M-2459 to Jayasree Lodgings, through the way on the eastern side of the temple pond. 7. The Guruvayur Devaswom Act, 1978, enacted by the State Legislature, which received the assent of the President on 18.03.1978, makes provision for the proper administration of the Guruvayur Devaswom. Section 3 of the Act deals with incorporation. As per sub-section (1) of Section 3, the administration, control and management of the Devaswom shall be vested in a Committee constituted in the manner hereinafter provided. As per sub-section (2) of Section 3, the Committee shall by the name of ‘the Guruvayur Devaswom Managing Committee’ be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through the Administrator. O.P. No.13375 of 1999 ``` 7 ``` 8. Section 10 of the Act deals with the duties of the Committee. As per clause (a) of Section 10, 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 clause (b) of Section 10, to provide facilities for the proper performance of worship by the worshippers. 9. Section 35 of the Act provides that, Thantri to be final authority in religious matters. As per sub-section (1) of Section 35, nothing in this Act shall be deemed to authorise the Committee or the Commissioner or the Government to interfere with the religious or spiritual matters pertaining to the Devaswom. As per sub-section (2) of Section 35, the decision of the Thantri of the temple on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom shall be final, unless such decision violates any provision contained in any law for the time being in O.P. No.13375 of 1999 ``` 8 ``` ## force. 10. A reading of the provisions of the Act makes it explicitly clear 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. The Managing 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 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. The Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. 11. Rule 3 of the Guruvayur Devaswom Rules, 1980 deals with power of the Committee over the actions of the Administrator. As per Rule 3, the Committee may call for and examine any record connected with any action of the Administrator and give such directions to him in accordance with the provisions of the Act and the Rules and Regulations made thereunder, as the Committee may consider necessary. As per Rule 4, the Administrator shall O.P. No.13375 of 1999 ``` 9 ``` take steps to implement all the lawful decisions of the Committee. Rule 6 provides that Committee not to alter the performance of rites and ceremonies, etc. As per Rule 6, the Committee shall not alter or cause to alter the performance of customary rites and ceremonies in the temple. ## 12. In **Suo Motu v. Managing Committee and others** **[2022 (6) KLT 849]** , DBP No.21 of 2021 was registered _suo motu_ based on the letter dated 19.04.2021 of the Administrator, Guruvayur Devaswom Managing Committee, addressed to the Registrar General of this Court, which pertains to the entry of a former Administrator of Guruvayur Devaswom, along with two members of the Managing Committee (additional respondents 5 and 6 therein), into the Nalambalam of Guruvayur Sree Krishna Temple, on 14.04.2021 at 2.30 a.m., in violation of Decision No.2 taken by the Managing Committee on 12.04.2021, imposing absolute restriction on entry of devotees. 13. In DBP No.21 of 2021, this Court passed an order dated 07.12.2021, whereby the 1[st] respondent Administrator was directed to bring to the notice of this Court the action, if any, taken on the entry of vehicles near the temple entrance in September, 2021, allegedly in the presence of three members of the Managing Committee. By the order dated 21.06.2022 this Court directed that the practice of permitting a class of worshippers to bring their O.P. No.13375 of 1999 ``` 10 ``` vehicles upto Bhagavathy Temple, through the Nadappanthal, with the active support of the members of the Managing Committee or the Administrator has to be stopped with immediate effect. The incident referred to in paragraphs 43 to 46 of that order is regarding entry of a vehicle carrying Sri. Ravi Pillai, the 8[th] respondent herein, and cine actor Mohanlal, on 09.09.2021 at 2.45 a.m. They were received near Bhagavathy Temple by Sri.K.V. Shaji, a member of the then Managing Committee, who was arrayed as the 5[th] respondent in DBP No.21 of 2021. Paragraphs 43 to 46 of the said order read thus; “43. By the order dated 07.12.2021, the 2[nd] respondent Administrator was directed to bring to the notice of this Court, the action, if any, taken on the entry of vehicle near the temple entrance in September, 2021, allegedly in the presence of three members of the Managing Committee, in connection with which three security personnel were placed under suspension. In the affidavit filed by the 2[nd] respondent Administrator it is stated that the Security Superintendent has made a written submission that, on 09.09.2021, at 2.00 a.m., the vehicle of actor Mohanlal was permitted to enter the northern gate, accompanied by Mallissery Paramesan Namboothiripad, the Karanavan of the Mallissery Illom, who is a member of the Managing Committee, in another vehicle, and a controversy arose in social media regarding that incident. Vehicle entry is prohibited through eastern and western gates to the temple premises. However, restricted vehicle entry is permitted through southern and northern gates. Vehicles for supply of O.P. No.13375 of 1999 ``` 11 ``` articles to the temple for offerings and annadanam, vehicles of disabled and aged persons and also ambulances are permitted entry through southern and northern gates, on request. The vehicles of persons who proceed to Thantrimadom, vehicles to the official residence of the Administrator, vehicles for the supply of articles to the hotels on the northern side, etc., are permitted entry by the security staff, through the northern gate, upon verification of the genuineness of the purpose of entry. 44. Pursuant to the order of this Court dated 07.12.2021, the learned Standing Counsel for Guruvayur Devaswom Managing Committee has made available for the perusal of this Court the files relating to the norms prescribed by the Managing Committee for entry into the Nalambalam for Vishukani darshan, Nirmalya darshan, etc. The said files contain the files relating to the incident that occurred on 09.09.2021. Regarding the said incident, a submission dated 11.09.2021 made by the Security Guard to the Security Supervisor, Guruvayur Devaswom is available at page No. 153 of File No. 005942/21, which is extracted hereunder; “സാർ എന്റെ Duty Eഎ്ര പ ാ᪚➚ിൽ 08.09.2021ഇന് രാത്രി 20.00 hrs to 05.00 hrs a.m. വറരയായിരു്രു. ിപേ ദിവസം 09.09.2021ഇന് ുലർറെ സമയം 02.45hrs D Post വഴി നിർ്മാലയ ദർശന്ᩈിനായി മ്ᩤിപശരി രപമശവരൻ ന്മൂരിരി്ᩔാടിന്റെ വ്ᩂിയും അരിനു പശഷം ി്രാറല 10 മിനിേിനു പശഷം Innovaയും, Benzകാെും വ്രിരു്രു. Benz കാെിൽ Ravi Pillaiയും, Mohanlal ഉം, Innovaയിൽ അവരുറട അനുയായികളും ഉ്ായിരു്ു. Innova കാർ രട്ഞപ്ᩔാൾ മ്ᩤിപശരി െ്ഞി്ടു്ᩂ് എ്രാണ് െ്ഞര്. കാർ പനറര ഭഗവരി അ്മല്ᩈിനു ുെ്ᩈു റകാ്ᩂ് നിർ്ᩈി. ഭഗവരി അ്ല്ിൽനിന ുെ്ു വ് സമയം മ്ിപശരിയും, ACP യും, ExMLA Ajith സാെും, K.V.Shaji സാെും ഉ്ായിരു്ു. Innovaയിൽ വ്ര O.P. No.13375 of 1999 ``` 12 ``` വ്ᩂിയിൽ മുൻ ിൽ ഇരു്ര ആളുറട പ ര് Sreevalsamൽ പ ാലിറെ്യു്ര ത് വീൺ എ്രയാളാണ് മ്ᩤിപശരിയുറട ഓർഡർ .” ഉ്ᩂ് എ്ര് െ്ഞര് 45. The submission dated 11.09.2021 made by the Security Supervisor to the Administrator, based on the aforesaid submission of the Security Guard and also the submission of another security staff, is available at page No. 151 of File No. 005942/21, which reads thus; “ അറ്ര ദിവസറ്ᩈ മാ്മിെ റഗയ്േിൽ ഡയൂ്ടിയിൽ ഉ്ᩂായിരു്ര GDS കു്ടൻ ി്ᩦ, 10.09.2021ഇന് ഇപേഹ്ᩈിന്റെ ഭാരയറയ RCCയിൽ കാണിപേ്ᩂരിനാൽ 09.09.2021ഇന് കാലപ്ᩈ shift dutyക് പശഷം മൂ്രുദിവസറ്ᩈ leaveഇന് പ ായി. Mobile phoneലൂറട ഈ വിഷയറ്ᩈ്ᩔേി പൊദിെപ്ᩔാൾ അപ്രദിവസം 02.30hrsഇന് പശഷം മൂ്ര് വ്ᩂികൾ ഈ കവാട്ᩈിൽ വഴി വരുകയും, രട്ഞപ്ᩔാൾ വ്ᩂിയിൽ നി്ര് ത്ശീ മ്ᩤിപശരി രിരുപമനി െ്ഞ KELSO ഈ ഞാനാണ് വ്ᩂി വിപ്ടാളു എ്ര് െ്ഞരനുസരിൊണ് വ്ᩂികൾ വി്ടര് എ്രാണ് െ്ഞര്. കൂടാറര സുമാർ 06.20 hrsഇന് പശഷം പമാഹൻലാൽ വ്ര വ്ᩂി രട്ഞു നിർ്ᩈി പൊദിറെ്രും, ഞാൻ പമാഹൻലാൽ ആണ് രത്രിയുറട നിർപദശം ഉ്ᩂ് എ്ര് െ്ഞു പമാഹൻലാൽ അര് ത് കാരമാണ് വ്ᩂി വി്ടറര്രുമാണ് GDS കു്ടൻ ി്ᩦ െ്ഞര്. ഈ വിവരം രേസമയപ്ᩈാ, പശഷപമാ ബ്യറ്ᩔ്ട അധികാരികളുറട ത്ശ്ധയിൽ ത് സ്തുര റസകയൂരിേി ീവനോരൻ റ ടു്ᩈി എ് ും ഒരു വിഷയമാണ്. 12ആം രീയരിേ് പശഷം ലീവ് കഴിഞു വ്രാൽ ഈ വയ്വിയിൽനി്രും . പ᪚➚േ്റമന്െ് എഴുരി പമടി്ഛ് സമർ്ᩔിോം E അറ്ര ദിവസറ്ᩈ ഭഗവരി കവാട ഡയൂ്ടി റസകയൂരിേിയുറടയും Post (Administrator വസരിേു മുൻവശം) റസകയൂരിേി - ീവനോരന്റെയും പബാധയ റ്ᩔടു്ᩈു്ര വിവരം ഇപരാറടാ്ᩔം .” സമർ്ᩔിേു്രു 46. The statements made in paragraphs 7 and 8 of the affidavit dated 16.12.2021 filed by the 2[nd] respondent Administrator and also the materials on record in the O.P. No.13375 of 1999 ``` 13 ``` relevant files would make it explicitly clear that a class of worshippers are permitted to bring their vehicles upto Bhagavathy Temple, through the Nadappanthal, with the active support of the Members of the Managing Committee or the Administrator. In the written submission extracted hereinbefore at paragraph 44, the presence of the additional 5[th] respondent (K.V. Shaji) is mentioned. A reading of the said submission would show that the vehicles, which entered through the northern gate, proceeded directly to Bhagavathy Temple, through the Nadappanthal.” (underline supplied) 14. In **Suo Motu [2022 (6) KLT 849]** – order dated 21.06.2022 in DBP No.21 of 2021 - this Court noticed that, in view of the provisions under Section 17 of the Act and Rule 3 of the Rules, any direction issued by the Managing Committee to the Administrator shall be lawful. The Managing Committee committed a grave irregularity in not taking any action on the entry of respondents 5 to 7 therein and also the then Administrator of Guruvayur Devaswom, into the Nalambalam on 14.04.2021, in violation of Decision No.2 dated 12.04.2021. The Managing Committee even interfered with the action taken by the then Administrator, who was bound to take action on such violations, in view of the directions contained in the order of this Court dated 07.12.2020 in DBP No. 52 of 2020. The decision taken by the Managing Committee to withdraw the complaint made by the Administrator and the consequential closure of that complaint by O.P. No.13375 of 1999 ``` 14 ``` the 4[th] respondent Station House Officer was never brought to the notice of this Court, despite the fact that the Administrator had already reported that incident to Registrar General of this Court. In the order dated 21.06.2022 in DBP No.21 of 2021, this Court strongly deprecated the above conduct of the Managing Committee, which amounted to its failure to discharge the statutory duties. 15. In **Suo Motu [2022 (6) KLT 849]** this Court held that a ‘worshipper’, who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Guruvayur Sree Krishna Temple. Nadappanthal is not intended for the movement of worshippers in vehicles. Entry of vehicles through Nadappanthal will certainly cause inconvenience to the worshippers, especially children of tender age, senior citizens, persons with disabilities and also mentally challenged persons. Restricted entry of vehicles through the northern gate, causing least inconvenience to the worshippers moving through the Nadappanthal, can be permitted for disabled persons or aged persons with restricted movement. Similarly, restricted movement of vehicles for the supply of articles to the temple for offerings and annadhanam, causing least inconvenience to the worshippers moving through the Nadappanthal, can also be permitted. In O.P. No.13375 of 1999 ``` 15 ``` addition to this, the movement of ambulance through the Nadappanthal, in case of emergency, can also be permitted. However, the practice of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadappanthal, with the active support of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect. Paragraphs 47 and 48 of that order read thus; “47. As already noticed hereinbefore, a ‘worshipper’, who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to the practise and tradition in Guruvayur Sree Krishna Temple. Nadappanthal is not intended for the movement of worshippers in vehicles. Entry of vehicles through Nadappanthal will certainly cause inconvenience to the worshippers, especially children of tender age, senior citizens, persons with disabilities and also mentally challenged persons. Restricted entry of vehicles through the northern gate, causing least inconvenience to the worshippers moving through the Nadappanthal, can be permitted for disabled persons or aged persons with restricted movement. Similarly, restricted movement of vehicles for the supply of articles to the temple for offerings and annadhanam, causing least inconvenience to the worshippers moving through the Nadappanthal, can also be permitted. In addition to this, the movement of ambulance through Nadappanthal, in case of emergency, can also be permitted. However, the practise of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadappanthal, with the active support O.P. No.13375 of 1999 ``` 16 ``` of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect. 48. Regarding entry of senior citizens, it is stated in the affidavit filed by the 2[nd] respondent that, prior to Covid-19 pandemic, there was a separate queue for senior citizens. On account of the restrictions imposed in connection with Covid-19 pandemic, no separate queue is provided for senior citizens. But that issue is under consideration of the Managing Committee. In case a decision on the issue relating to a separate queue for senior citizens is yet to be taken, the 1[st] respondent Managing Committee shall consider that issue and take an appropriate decision, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this order. The 1[st] respondent Managing Committee shall also consider the issue of providing appropriate arrangement for the darshan of persons with disabilities and also mentally challenged persons, within the aforesaid time limit.” 16. By G.O(P)No.74/2018/Home dated 24.11.2018, based on the recommendation made by the State Police Chief, Guruvayur Sree Krishna Temple is declared as a Special Security Zone (SSZ) for the purpose of Kerala Police Act, 2011. The said notification is one issued under sub-section (1) of Section 83 of the Kerala Police Act. 17. The petitioner is also bound by the specific directions contained in the order of this Court in **Suo Motu [2022 (6) KLT 849]** - order dated 21.06.2022 in DBP No.21 of 2021. The petitioner, who is the son of one of the co-owners of Jayasree O.P. No.13375 of 1999 ``` 17 ``` Lodgings in Guruvayur, cannot be permitted to take his vehicle to Jayasree Lodgings, through the way on the eastern side of the temple pond. In the above circumstances, this original petition is disposed of by directing the 1[st] respondent Guruvayur Devaswom Managing Committee to ensure strict compliance of the aforesaid directions contained in the order dated 21.06.2022 in DBP No.21 of 2021. **==> picture [433 x 57] intentionally omitted <==** Sd/- **ANIL K. NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR JUDGE** DCS O.P. No.13375 of 1999 ``` 18 ``` ## **`APPENDIX`** ## **`PETITIONER EXHIBITS`** |**`EXHIBIT P1`**|**`TRUE COPY OF THE JUDGMENT DATED 9.9.1998`**| |---|---| ||**`OF THE DIVISION BENCH OF THE HON’BLE`**| ||**`COURT IN W.A.NO. 1757 OF 1998`**| |**`EXHIBIT P2`**|**`TRUE COPY OF THE REPRESENTATION DATED`**| ||**`03.02.1999 TO THE 1ST RESPONDENT`**| |**`EXHIBIT P3`**|**`TRUE COPY OF THE PROCEEDINGS DATED`**| ||**`19.02.1999 OF THE ADMINISTRATOR`**| |**`EXHIBIT P4`**|**`TRUE COPY OF THE REPRESENTAION DATED`**| ||**`1.3.1999 TO THE ADMINISTRATOR`**| |**`EXHIBIT P5`**|**`TRUE COPY OF THE REPRESENTAION DATED`**| ||**`1.3.1999 TO THE ADMINISTRATOR`**| |**`EXHIBIT P6`**|**`TRUE COPY OF THE REPRESENTAION DATED`**| ||**`16.3.1999 TO THE ADMINISTRATOR`**| |**`EXHIBIT P7`**|**`TRUE COPY OF THE JUDGMENT DATED 5.4.1999`**| ||**`OF THIS HON’BLE COURT IN`**| ||**`O.P.NO.8842/1999-C`**| |**`EXHIBIT P8`**|**`TRUE COPY OF THE PROCEEDINGS DATED`**| ||**`03.05.1999 OF THE ADMINISTRATOR`**| |**`EXHIBIT P9`**|**`TRUE COPY OF THE PROCEEDINGS DATED`**| ||**`16.7.1999 OF THE GURUVAYOOR DEVASWOM`**| ||**`COMMISSIONER`**|