Rajesh A. Nair v. State of Kerala and Guruvayur Devaswom Managing Committee and Guruvayur Devasom

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` MONDAY, THE 24[TH] DAY OF JULY 2023 / 2ND SRAVANA, 1945 ``` **==> picture [174 x 12] intentionally omitted <==** ``` PETITIONER: ``` ``` RAJESH A. NAIR, AGED 41 YEARS, S/O (THE LATE) RAMAN NAIR, AMMASOM VEETIL HOUSE, ANDATHODE, CHERAYI, THRISSUR DISTRICT, PIN-679 554. ``` ``` BY ADVS. DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI.S.SIDHARDHAN SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SMT.M.SUSEELA SMT.ARYA BALACHANDRAN SRI.SUDHAKARAN V. SMT. KEERTHI B. CHANDRAN ``` ``` RESPONDENTS: ``` ``` 1* STATE OF KERALA, REPRESENTED BY SECRETARY, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. ``` ``` THE DESCRIPTION OF THE 1[ST] RESPONDENT IS CORRECTED BY THE ORDER DATED 24.07.2023 ``` ``` STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 (CORRECTED) ``` ``` 2* THE ADMINISTRATOR, GURUVAYUR DESOM, GURUVAYUR P.O., ``` 2 W.P.(C)No.13066 of 2018 ## **`THRISSUR DISTRICT, PIN-680 101.`** ``` THE DESCRIPTION OF THE 2[ND] RESPONDENT IS CORRECTED BY THE ORDER DATED 24.07.2023 ``` ``` ADMINISTRATOR, GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR DEVASWOM, GURUVAYUR, PIN – 680 101 (CORRECTED) ``` ``` 3* GURUVAYUR DEVASOM, MANAGING COMMITTEE, REPRESENTED BY ITS CHAIRMAN- 680 101. ``` ``` THE DESCRIPTION OF THE 3[RD] RESPONDENT IS CORRECTED BY THE ORDER DATED 24.07.2023 ``` ``` GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYUR DEVASWOM, THRISSUR DISTRICT, PIN – 680 101 (CORRECTED) ``` ``` BY ADVS. SRI.P.GOPAL SRI.T.K.VIPINDAS SC ``` ``` OTHER PRESENT: ``` ``` SRI. S. RAJMOHAN-SR. GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.13066 of 2018 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Lord Guruvayurappan of Guruvayur Sree Krishna Temple, which is under the management of the 3[rd] respondent Guruvayur Devaswom Managing Committee, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the special darshan of Guruvayurappan on individual payment of Rs.1,000/for Neyvilakku vazhipadu, introduced by the 3[rd] respondent Management Committee and the 2[nd] respondent Administrator, on 07.04.2018. The petitioner has also sought for a writ of mandamus commanding respondents 2 and 3 to keep in abeyance the aforesaid system of payment for special darshan, till final disposal of this writ petition. 2. Going by the averments in the writ petition, the system of allowing special darshan to the devotees who pay Rs.1,000/- for Neyvilakku vazhipadu at Guruvayur Sree Krishna Temple was implemented with effect from 07.04.2018. On such payment being made, the devotee will be issued with a receipt from the vazhipadu counter, which has to be produced before the Temple Manager. Then the devotee will be permitted to enter the main shrine through 4 W.P.(C)No.13066 of 2018 flagpole (Dwaja Sthambham), without waiting in the queue. The devotee will be provided with prasadam in a kit. Only one devotee can have special darshan on payment of Rs.1,000/-. In addition to that, special darshan for five devotees is permitted on payment of Rs.4,500/- for Neyvilakku vazhipadu. According to the petitioner, the decision taken by the 3[rd] respondent Managing Committee on 07.04.2018 classify devotees into two categories, which also offend the sentiments of the devotees in general. 3. On 13.04.2018, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for Guruvayur Devaswom Managing Committee took notices for respondents 2 and 3, and the learned Government Pleader took notice for the 1[st] respondent. Paragraph No.2 and the penultimate paragraph of the order of this Court dated 13.04.2018 read thus; “2. During the course of hearing, it is brought to the notice of this Court by the learned Standing Counsel that the allegation levelled against the Devaswom by the petitioner is thoroughly wrong and misconceived. It is stated that the Devaswom had introduced a 'Vazhipadu' in the name and style as 'Sreelakath Neyvilakku Samarppanam', from time memorial, for which, a sum of nearly Rs.4,500/- is being charged. It is stated that for the past three years, a decision has been taken to permit 5 5 ## W.P.(C)No.13066 of 2018 persons to have direct entry to the Temple in respect of those who are offering this 'Vazhipadu' and it is going on. However, it has come to the notice of the Devaswom Board that a cartel has been formed among the nearby hoteliers/some establishments with the involvement of some employees of the Devaswom Board, to provide 'out of way Darshan' to devotees by collecting huge amounts from them. It is to curt the said menace that the Devaswom has devised a scheme whereby special entry would be facilitated to the devotees who are desirous of offering the above 'Vazhipadu', subject to payment of Rs.1,000/- for obtaining a coupon; (providing single entry, instead of entry to 5 persons on payment of Rs.4,500/- for the already existing "Sreelakath Neyvilakku Samarppanam") upon which, separate entry will be provided directly to the 'Sreelakam'. However, during the course of hearing, we expressed our apprehension with regard to the scheme, particularly when such persons (on taking such tickets) are permitted to have a direct entry causing heart burn to various other devotees who are standing in the queue and as to whether the restricted entry could be permitted through any other ‘queues’ presently available. It is stated that there is a queue for Devaswom employees and a parallel queue for senior citizens, besides the queue for local residents and such others. The learned standing counsel submits that a clear picture would be given before this Court, also suggesting such other appropriate measures and that the orders to be passed by this Court, after hearing both the sides, would be given effect to in the right spirit and perspective. We find it appropriate to give a chance 6 W.P.(C)No.13066 of 2018 to the Devaswom Board to explain the position by filing a proper affidavit.” 4. Respondents 2 and 3 have filed a counter affidavit dated 08.06.2018, which was followed by an additional counter affidavit dated 02.02.2023. Paragraphs 3 and 4 of the additional counter affidavit read thus; “3. It is submitted that in October and November, 2022 during the Sundays and second Saturdays, the average number of persons availing the facility of ‘Sreelakath Neyvilakku’ offering is approximately 930 and in other days the number range is approximately 425. The average number of persons offering Sreelakath Neyvilakku for Rs.4,500 would be approximately 77 in weekends and in other days the number range is approximately 26. The devotees offering special neyvilakku of Rs.1000/- are given one prasada kit and devotees offering Sreelakath Neyvilakku of Rs.4,500/- are given two prasada kits. The system of entry of persons taking special neyvilakku is being done without causing any obstruction for darshan for persons coming for darshan in the general queue. The arrangement for darshan is arranged for persons offering Udaysthamana pooja, Chuttuvilakku, Chuttambalam Theliyikkal and Choroonu. 4. It is further submitted that the writ petition is totally illmotivated and made with ulterior motives. After the introduction of Exhibit R2(a), the practice by a group of hoteliers in arranging special darshan with the connivance of few Devaswom employees has been totally curtained and in addition the revenue of the Devaswom has also increased. So, 7 W.P.(C)No.13066 of 2018 this arrangements has been made in the best interest of the devotees as well as Devaswom and there is absolutely no justification for the petitioner, styling himself as the public interest litigant, to object to this practice.” 5. Along with a memo dated 04.04.2023 of the learned Standing Counsel, a copy of Resolution No.4 dated 30.03.2023 of the 2[nd] respondent Managing Committee is placed on record, which reads thus; “ ശ്രീ _._ രാജേഷ് എ _._ നായർ സമർ്ᩔി്ച W.P.(C)No.13066 of 2018 ന്മർ ഹർേിയുടെ ആവരയാർ്ഥം ശ്രീലകത് ടനയ് വിള്ക് വഴിപാെ് നെ്തി്ᩔും സ്ടപഷയൽ കയൂ വഴിയു്ᩦ ഭ്വരുടെ ശ്പജവരനവും സംബ്യി്ച് തശ്രിയുടെ അഭിശ്പായം അറിയി്കാൻ ആവരയട്ᩔ്ട് ജേവസവം ᪚➚ാൻഡിം്ങ് കൗൺസിൽ അഡവ _._ വിപിൻോസ് അയ്ച ക്ത് പരിജരാധി്ച് ക്മി്റി ബഹു _._ തശ്രിയുടെ സാ്രിധയ്തിൽ വിഷയം ചർ്ച ടചയ്തു _._ ബഹു _._ തശ്രി, ബഹു _._ ഊരാളൻ എ്രിവരുടെ അഭിശ്പായം ആരാ്ഞു _._ ശ്രീലക്ത് ടനയ് വിള്ക് എ്ര വഴിപാെ് വർഷ്ങൾ്ക് മുട്മ ഉ്ᩂായിരു്ര വഴിപാെ് ആയിരുട്ര്രും, ശ്പസ്തുത കാല്ത് ടനയ് വിള്കുമായി ഭ്വേന്ങൾ വരുമായിരുട്ര്രും, പുറ്ത് നി്ര് ടന്യ് ടകാ്ᩂുവരു്രത് രു്ᩍിയുടെ വിഷയം ആയതിനാൽ, പുറ്ത് നി്ര് ടനയ് ടകാ്ᩂുവരു്രത് ഒഴിവാ്കി _._ ശ്പജതയക േർരനം അനുവേി്കു്ര രീതി അവലംബി്കുകയായിരുട്ര്രും ക്മി്റി തീരുമാനി്ചു _._ നിലവിലു്ᩦ ടനയ് വിള്ക് വഴിപാെ് തുെരാവു്രതാടെ്രും ” ക്മി്റി തീരുമാനി്ചു _._ 6. Respondents 2 and 3 have filed an additional affidavit dated 10.07.2023, producing therewith Ext.R2(b) note issued by the Tantri of Guruvayur Sree Krishna Temple. Paragraphs 2 and 3 of that additional affidavit read thus; “2. It is submitted that the present additional affidavit is being 8 W.P.(C)No.13066 of 2018 filed as directed by this Hon'ble Court to place on record the note issued by the Tantri of temple recording his opinion regarding the Neyvilakku vazhipadu in the temple. The true copy of the note issued by Bhramashree Chennas Dinesan Namboodiripad in respect of Neyvilakku vazhipadu is produced herewith and marked as Ext.R2(b). 3. It is submitted that Ext.R2(a) decision was taken during the lifetime of the predecessor, Bhramashree Chennas Narayanan Namboodiripad with his consent. The former Tantri never used to issue any note in writing and his opinion was sought for by the Managing Committee before recording any decisions pertaining to the rituals in the temple by virtue of Section 35 of the Guruvayur Devaswom Act, 1978.” The opinion of the Tantri of Guruvayur Sree Krishna Temple in Ext.R2(b) note reads thus; “ _്ᩦീലക്ത് നെയ് വിള്ക് എ്ന വഴിപാട് പുരാതെമായി്തന്ന ഗുരുവായൂ_ ർ _്ഷേ്ᩔ്തി_ ൽ _െടന്വരുന്നാരു വഴിപാടാണ്. മു_ ൻ _കാല്ᨲളി_ ൽ _ഭ്ᨹ_ ർ _നെയ് നകാി്വ്ന് ഭഗവാെ് സമ_ ർ _്ᩔിക ഒരു രീതിയായിരുന് ഉ്ിായിരു്നത്. പി്നീട് അശു്ᩍിയുനട ്ᩚ്ᩞ്ᨲ_ ൾ _ഒഴിവാക തി_ ൻ _നെ ഭാഗമായി ്ഷേവസവം ചീ്ᨾ് െ_ ൽ _കി ഭ്ᨹ_ ർ _്ക് വഴിപാട് െടത്വാനു്ᩦ സൗകരയ്ᨲ_ ൾ _കാലാനുസൃതമായ മാ്ᩢ്തി_ ൻ _നെ ഭാഗമായി നച്ᩓതാണ്. ഇ്ഷ്ᩔാ_ ൾ _മ്ᩢ് ഭ്ᨹജെ്ᨲ_ ൾ _്ക് ബു്ᩍിമു്ᨾി്ᩤാ്ത രീതിയി_ ൽ _നെയ് വിള്ക് വഴിപാട് കഴി്ᩔിക വ_ ർ _്ക് ഒരു്കിയ േ_ ർ _ശെ സംവിധാെം ്ഷേ്ᩔ്തിനല ആചാര്ᨲ_ ൾ _്ക് വിരു്ᩍമായി കാണുവാ_ ൻ _സാധി്കാ് നകാ്ി് ഇ്ഷ്ᩔാ_ ൾ _്ഷേവസവം െട്തിവരു്ന തര്തി_ ൽ _വഴിപാട്_ ” _തുട_ ർ _ന്ം െട്താവു്നതാണ് എ്ന് അഭി്ᩚായന്ᩔടുന്._ 7. Heard the learned counsel for the petitioner, learned Senior Government Pleader for the 1[st] respondent and also the learned Standing Counsel for Guruvayur Devaswom Management 9 W.P.(C)No.13066 of 2018 Committee for respondents 2 and 3. 8. During the course of arguments, the learned Standing Counsel for Guruvayur Devaswom Managing Committee has made available a copy of the Vazhipadu List in Guruvayur Sree Krishna Temple for the perusal of this Court, in which Neyvilakku (Ghee lamp) in Sreekovil is Serial Nos.77, 78, 79 and 80. 9. The learned counsel for the petitioner would contend that the introduction of the Neyvilakku vazhipadu in Guruvayur Sree Krishna Temple on payment of Rs.1,000/- for special darshan for one devotee and Rs.4,500/- for five devotees is highly arbitrary, which classifies the devotees into two categories, offending the sentiments of the devotees in general. 10. On the other hand, the learned Standing Counsel for Guruvayur Devaswom Managing Committee would submit that, as stated in the affidavits placed on record, Neyvilakku vazhipadu is being performed in Guruvayur Sree Krishna Temple from time immemorial, which is included in the Vazhipadu List in Guruvayur Temple as Serial Nos.77, 78, 79 and 80 – Neyvilakku (Ghee lamp) in Sreekovil. The learned Standing Counsel would also place reliance on Ext.R2(b) opinion of the Tantri of Guruvayur Sree Krishna Temple, produced along with the additional affidavit dated 10 ## W.P.(C)No.13066 of 2018 10.07.2023. The learned Standing Counsel would further point out the statutory mandate of Section 35 of the Guruvayur Devaswom Act, 1978. 11. 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. Clause (f) of Section 2 of the Act defines ‘person having interest in the temple’ to mean a person who is entitled to attend at, or is in the habit of attending, the performance of worship or service in the temple or who is entitled to partake, or is in the habit of partaking, in the benefit of the distribution of gifts thereat. 12. 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. Section 4 of the Act deals with the composition of Guruvayur Devaswom Managing Committee. Section 9 of the Act deals with the remuneration of the Chairman and members. As per Section 9, no member of the Committee shall receive or be paid any salary or other remuneration except such travelling or daily allowances, if any, as 11 W.P.(C)No.13066 of 2018 may be prescribed. 13. 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; as per clause (b) of Section 10, to provide facilities for the proper performance of worship by the worshippers; as per clause (d) of Section 10, to ensure maintenance of order and discipline and proper hygienic conditions in the temple and the subordinate temples attached thereto and of proper standard of cleanliness and purity in the offerings made therein; and as per clause (g) of Section 10, to do all such things as may be incidental and conducive to the efficient management of the affairs of the Devaswom and 12 W.P.(C)No.13066 of 2018 the convenience of the worshippers. 14. Section 35 of the Act provides that, Tantri 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 Tantri 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 force. 15. 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. 13 W.P.(C)No.13066 of 2018 The Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. 16. 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 is legally bound to administer, control and manage all the properties belonging to Guruvayur Devaswom in accordance with the provisions of the Guruvayur Devaswom Act, 1978. The Administrator and the Commissioner shall also function within the framework of the statute. 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 public interest and in the interest of the worshippers. In view of the prohibition contained in sub-section (1) of Section 35 of the Act, neither the Managing Committee nor the Commissioner or the Government shall interfere with the religious or spiritual matters pertaining to Guruvayur Devaswom. In view of the provisions under 14 ## W.P.(C)No.13066 of 2018 Rule 6 of the Rules, the Managing Committee shall not alter or cause to alter the performance of customary rites and ceremonies in Guruvayur Temple. 17. 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 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. Rule 20 deals with meetings of the Committee. As per Rule 20, the Committee shall meet ordinarily once in two months or as often as required. 18. In **Suo Motu v. Guruvayur Devaswom Managing Committee and others [2022 (6) KLT 849]** this Court noticed that, a reading of the preamble of the Guruvayur Devaswom Act, 1978 would clearly show that the authorities constituted under the 15 W.P.(C)No.13066 of 2018 said Act, especially the Guruvayur Devaswom Managing Committee, the Administrator and the Commissioner are enjoined with the duty to administer, control and manage the affairs of the Temple, its properties and endowments. The Managing Committee, which functions as a trustee, 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 also the Commissioner are legally bound to function within the framework of the statute. In view of the provisions under Section 17 of the Act, the Administrator is bound to carry out the decisions taken by Guruvayur Devaswom Managing Committee in accordance with the provisions of the Act. In view of the provisions under Rule 3 of the Guruvayur Devaswom Rules, 1980, any directions issued by the Managing Committee to the Administrator shall be 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 take steps to implement all the lawful decisions of the Committee. As per clause (a) of Section 10 of the Act, 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 16 W.P.(C)No.13066 of 2018 arrange for the proper performance of the rites and ceremonies in the temple; as per clause (b) of Section 10, to provide facilities for the proper performance of worship by the worshippers; and as per clause (g) of Section 10, to do all such things as may be incidental and conducive to the efficient management of the affairs of the Devaswom and the convenience of the worshippers. 19. In the Guruvayur Devaswom Act, 1978, there is no definition for the expression ‘worshipper’. According to _Oxford Dictionary_ , ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple. 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. 20. The learned Standing Counsel would point out that a Larger Bench of this Court in **Gopalakrishnan Nair v. State of Kerala [1999 (3) KLT 574]** had occasion to consider the position of Tantri under Section 35 of the Guruvayur Devaswom Act. 21. In **Gopalakrishnan Nair [1999 (3) KLT 574]** a Larger 17 ## W.P.(C)No.13066 of 2018 Bench of this Court, in the context of Section 4 of Guruvayur Devaswom Act, answered the reference by holding that the Hindu members of the Council of Ministers who nominate the members of the Managing Committee of Guruvayur Devaswom need only be Hindus, without any insistence on their being believers in temple worship. Section 4 of the Act itself ensures that persons who have faith in God and temple worship and profess Hindu Religion alone are qualified to be nominated to the Managing Committee and the members shall, before entering upon their office, make and subscribe an oath in the form prescribed. In paragraph 10 of the judgment, the Larger Bench has noticed the argument advanced by Mr. Ashok Desai, the learned counsel, who appeared on behalf of the State of Kerala, that Section 35 of the Guruvayur Devaswom Act is expressly added to ensure that all religious, spiritual, ritual and ceremonial matters are decided by the Tantri. 22. In **Gopalakrishnan Nair v. State of Kerala [(2005) 11 SCC 45]** , the Apex Court affirmed the judgment of the Larger Bench of this Court in **Gopalakrishnan Nair [1999 (3) KLT 574]** . In paragraph 21 of the said decision the Apex Court noticed that the management or administration of a temple partakes of a secular character as opposed to religious aspects of the matter. The 18 ## W.P.(C)No.13066 of 2018 Guruvayur Devaswom Act, 1978 segregates the religious matter from secular matters. So far as religious matters are concerned, the same are entirely been left in the hands of the ‘Tantri’. He is the alter ego of the deity. He gives moola mantra to the priest. He holds a special status. He prescribes the rituals. He is the only person who can touch the deity and enter the sanctum sanctorum. He is the final authority in religious matters. Wherefor, a legal fiction has been created in Section 35 of the Act, in terms whereof the committee or the commissioner or the Government is expressly prohibited from interfering with the religious or spiritual matters pertaining to the Devaswom. His decision on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom is final unless the same violates any provision contained in any law for the time being in force. The Apex Court noticed that the impugned provision, i.e., Section 4 of the Guruvayur Devaswom Act must be construed, having regard to the said factor in mind. 23. In paragraph 36 of the decision in **Gopalakrishnan Nair [(2005) 11 SCC 45]** , the Apex Court reiterated that although State cannot interfere with the freedom of a person to profess, practice and propagate his religion, the secular matters connected therewith can be subject matter of control by the State. The 19 ## W.P.(C)No.13066 of 2018 management of the temple is primarily a secular act. The temple authority controls the activities of various servants of the temple. It manages several institutions including educational institutions pertaining to it. The disciplinary power over the servants of the temple including the priest may vest in a committee. The payment of remuneration to the temple servants was also not a religious act but was purely secular in nature. In paragraph 45 of the said decision, on the question as to whether vesting of power in the ‘Hindus’ in the Council of Ministers to nominate the members of the Managing Committee could be held to be violative of Articles 25 and 26 of the Constitution of India, the Apex Court noticed that Guruvayur Sree Krishna Temple is visited by millions every year. Apart from proper management of the funds flowing from those devotees, the Devaswom also owns other properties, runs a college, a guest house, choultries, etc., all of which require efficient and prompt management. This is quite apart from the spiritual management dealing with the religious side which is under the sole control, management and guidance of the Tantri. It is the secular aspect of the management that is vested in the Managing Committee. 24. In the instant case, the pleadings and materials on 20 ## W.P.(C)No.13066 of 2018 record would show that Neyvilakku vazhipadu is a vazhipadu item in Guruvayur Sree Krishna Temple from time immemorial, which is included as Serial Nos.77, 78, 79 and 80 in the Vazhipadu List – Neyvilakku (Ghee lamp) in Sreekovil. The opinion of the Tantri in Ext.R2(b), which has been extracted hereinbefore at paragraph 6, would also show that Neyvilakku vazhipadu in Sreekovil (Sreelakathu Neyvilakku) is a vazhipadu item in Guruvayur Sree Krishna Temple from time immemorial, with a provision for special darshan to the devotees. Originally the devotees were permitted to bring ghee by themselves, for offering to the deity. Later that practice was stopped. Now the devotees are being issued with vazhipadu receipts for Neyvilakku, with facility for special darshan, without causing any inconvenience to other devotees. In Ext.R2(b) the Tantri has opined that special darshan for the devotees who offer Neyvilakku vazhipadu in the Sreekovil (Sreelakathu Neyvilakku) is not against the customary practices followed in Guruvayur Sree Krishna Temple and that practice can be continued. During the course of arguments, it was pointed out by the learned Standing Counsel for Guruvayur Devaswom Managing Committee that, in addition to Neyvilakku vazhipadu in the Sreekovil (Sreelakathu Neyvilakku), special darshan for the devotees is 21 ## W.P.(C)No.13066 of 2018 permitted in the case of Udayasthamana pooja, Chuttuvilakku, Chuttambalam Theliyikkal and Choroonu. In the above circumstances, we find no reasons to interfere with the special darshan for Neyvilakku vazhipadu in the Sreekovil (Sreelakathu Neyvilakku) for the devotees in Guruvayur Sree Krishna Temple. The petitioner is not entitled to any of the reliefs sought for in this writ petition. The writ petition fails and the same is accordingly dismissed. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** MIN 22 W.P.(C)No.13066 of 2018 ## **`APPENDIX OF WP(C) 13066/2018`** ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R2(a) ``` ``` TRUE COPY OF THE RESOLUTION NO.5 DATED 05.04.2018 OF THE MANAGING COMMITTEE OF THE DEVASWOM ``` ``` EXHIBIT R2(b) ``` ``` TRUE COPY OF THE NOTICE ISSUED BY BHRAMASHREE CHENNAS DINESAN NAMBOOTHIRIPPAD IN RESPECT OF NEYVILAKKU VAZHIPADU ``` ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 ``` ``` TRUE COPY OF NEWS REPORT IN MATHRUBHUMI DAILY DATED 6-4-2018 PERTAINING TO THE SPECIAL DARSHAN SYSTEM ``` ``` EXHIBIT P1(A) TRUE COPY OF NEWS REPORT IN MATHRUBHUMI DAILY DATED 5-4-2018, PERTAINING TO THE SPECIAL DARSHAN SYSTEM ``` ``` EXHIBIT P1(B) TRUE COPY OF NEWS REPORT IN MATHRUBHUMI DAILY DATED 4-4-2018 PERTAINING TO THE SPECIAL DARSHAN SYSTEM ``` ``` EXHIBIT P1(C) TRUE COPY OF NEWS REPORT IN MATHRUBHUMI DAILY DATED 8-4-2018 PERTAINING TO THE SPECIAL DARSHAN SYSTEM. ```