Sunilkumar T.V v State of Kerala and Guruvayur Devaswom Managing Committee and Administrator, Guruvayur Devaswom, Commissioner, Guruvayoor Devaswom and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` THURSDAY, THE 21[ST] DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945 ``` ``` WP(C) NO. 23584 OF 2023 ``` ## **`PETITIONER:`** ``` SUNILKUMAR T.V, AGED 51 YEARS, S/O VELAYUDHAN, THAIVALAPPIL HOUSE, ELAVALLY VILLAGE, VAKA DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680 602 BY ADV RAJIT ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANATHAPURAM, PIN – 695 001`** ``` [CORRECTED] STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 ``` - **`2 GURUVAYOOR DEVASWOM BOARD GURUVAYOOR DEVASWOM MANAGING COMMITTEE, GURUVAYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT, REPRESENTED BY THE ADMINISTRATOR, PIN – 680 101`** ``` [CORRECTED] GURUVAYUR DEVASWOM MANAGING COMMTTEE, GURUVAYUR, PIN – 680 101 ``` - **`3 THE ADMINISTRATOR, GURUVAYOOR DEVASWOM MANAGING COMMITTEE, GURUVAYUR, CHAVAKKAD THALUK, THRISSUR DISTRICT PIN – 680 101`** ``` [CORRECTED] ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR, PIN 680 101 ``` ``` (DETAILS OF RESPONDENTS 1 TO 3 ARE SUO MOTU CORRECTED AS ABOVE AS PER ORDER DATED 19.09.2023 IN WP(C)23584/2023.) ``` W.P.(C)No.23584 of 2023 2 ``` 4COMMISSIONER, GURUVAYOOR DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 ``` ``` *ADDL.R5THANTRI, GURUVAYOOR SREE KRISHNA TEMPLE, GURUVAYOOR DEVASWOM OFFICE, GURUVAYUR, CHAVAKKAD THALUK, THRISSUR DISTRICT, PIN - 680 101. ``` ``` *ADDL.R6DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033. ``` ``` *ADDL.R7DEPUTY DIRECTOR, KERALA STATE LOCAL FUND AUDIT, GURUVAYOOR DEVASWOM, CHAVAKKAD THALUK, THRISSUR DISTRICT, PIN - 680 101. ``` ``` [ADDITIONAL RESPONDENTS 5 TO 7 ARE IMPLEADED AS PER ORDER DATED 27.7.2023 IN I.A.1/2023 IN WP(C)23584/2023] ``` ``` BY ADV ``` ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI T.K. VIPINDAS - STANDING COUNSEL - GURUVAYUR DEVASWOM MANAGING COMMITTEE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C)No.23584 of 2023 3 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Lord Guruvayoorappan of Guruvayur Sree Krishna Temple, which is under the management of the 2[nd] respondent Guruvayur Devaswom Managing Committee, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to ensure that no Dakshina is collected by any person while performing the marriage ceremony, choroonnu and vahana pooja in Guruvayur Sree Krishna Temple. The petitioner has also sought for a writ of mandamus commanding the respondents to ensure that the directions contained in Ext.P1 order of this Court dated 12.08.2022 are complied with in letter and spirit in all the activities in Guruvayur Devaswom; and also a writ of mandamus commanding the respondents to ensure that all amounts given as Dakshina to the persons conducting marriage ceremony, choroonnu and vahana pooja, are accounted towards the income of Guruvayur Devaswom and subjected to audit. 2. In the writ petition it is alleged that in Guruvayur Sree Krishna Temple the devotees are exploited by the employees and W.P.(C)No.23584 of 2023 4 other stakeholders by demanding and collecting Dakshina in connection with various vazhipadu like choroonnu, vahana pooja, marriage, etc. Though this Court in Ext.P1 order in DBP No.18 of 2022 stopped the practice of exploitation of devotees while conducting thulabharam vazhipadu and held that neither the kuthaka holder nor the person engaged by him to conduct thulabharam vazhipadu can accept any money from the devotees as Dakshina and directed Guruvayur Devaswom to install CCTV cameras to ensure that Dakshina is not being collected in the thulabharam counters, no action is taken by the Guruvayur Devaswom to ensure that such practices are stopped. 3. On 20.07.2023, when this writ petition came up for admission, the learned Senior Government Pleader and the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought time to get instructions. The petitioner was directed to file an application to implead the concerned officer in the Local Fund Audit, who is dealing with Guruvayur Devaswom Audit. 4. On 27.07.2023, I.A.No.1 of 2023 was filed for impleading the Tantri of Guruvayur Sree Krishna Temple; the Director, Local Fund Audit Department; and the Deputy Director W.P.(C)No.23584 of 2023 5 in charge of Guruvayur Devaswom Audit, as additional respondents 5 to 7. That application was allowed and the learned Senior Government Pleader and the learned Standing counsel for Guruvayur Devaswom Managing Committee sought time to get instructions. 5. A counter affidavit dated 22.08.2023 has been filed on behalf of the 1[st] respondent by the additional 7[th] respondent Deputy Director, Kerala State Local Fund Audit, Guruvayur Devaswom Audit. Paragraphs 3 to 7 of that counter affidavit reads thus; “3. It is submitted that as per Rule 17 of Guruvayur Devaswom Rule 1980, the Audit of accounts of Guruvayur Devaswom shall be conducted by the Examiner of Local Fund Accounts (Now re-designated as the Director of Kerala State Audit Department). As per section 18 of Kerala Local Fund Audit Act, 1994, the Senior Deputy Director of Guruvayur Devaswom Audit Office is authorised by the Director to conduct Audit of accounts of Guruvayur Devaswom. Vide section 25 of the Guruvayur Devaswom Act, 1978, 'Auditor shall specify in the report all cases of irregular, illegal or improper expenditure or failure to recover money or other property due to Devaswom or of loss or waste of money or other property there of, caused by neglect or misconduct of authority and to issue Audit Report to the Guruvayur Devaswom Commissioner'. 4. The petitioner, Sunil Kumar T.V. has filed the writ to bring W.P.(C)No.23584 of 2023 6 to notice the exploitation of devotees by the employees and other stakeholders in demanding and collecting 'Dakshinas' for carrying out various auspicious services like Choroonu, Vahanapooja, marriage etc. without any accounting. The petitioner has also requested that the order of the Honourable Court dated 12.08.2022 in DBP No.18 of 2022 for stopping the exploitation of devotees while conducting thulabharam vazhipadu by the employees be implemented in letter and spirit in this case also. 5. Except the thulabhara vazhipadu, rest of auspicious services like the choroonu, vahanapooja and marriage are directly conducted by the Devaswom and not through any tender process. For this purpose, 'Koymas' are appointed temporarily from Brahmin Community for a period of one year. Out of 12 Numbers of 'Koymas' appointed, two are deputed inside the temple and the remaining 10 are deputed to the prasad counter, Choroonu, Vahanapooja and Marriage on a rotational basis. An amount of 1500/- is paid to these 10 persons as monthly remuneration in addition to a share/kooru of the above mentioned vazhipadu. The rate of each vazhipadu and the division of share/kooru of the above vazhipadu are given below: |Item|Rate|Oozham|Vadyakkar|Koyma|Watchman|Devaswom| |---|---|---|---|---|---|---| |Choroon|100|||20||80| |Marriage|500|180|9|5|1|305| |Vahanapooja|500|90||5||405| |Vahanapooja|300|45||5||250| |Vahanapooja|100|45||5||50| Apart from the above, the share of koyma for vazhipadu like Palpayasam, Sarkara Payasam etc. are also divided among the 10 'Koymas' equally. W.P.(C)No.23584 of 2023 7 6. in the appointment order of 'Koymas', it is clearly specified that demanding Dakshina is not permitted in anyway and if it is brought to the notice of the Committee their service will be terminated without prior notice. A copy of the appointment order is produced herewith and marked as Exhibit R1(a). 7. It is submitted that the wilful demand and subsequent acceptance of Dakshna are illegal, not supported by Guruvayur Devaswom Act or Rules and hence cannot be taken into account or audited. The Writ Petition is without any merits and is liable to be dismissed.” 6. On 19.09.2023, when this writ petition came up for consideration, this Court passed an interim order. Paragraphs 2 ## to 5 of that order read thus; “2. The petitioner, who is a devotee of Lord Guruvayurappan of Guruvayur Sree Krishna Temple, which is under the management of the 2[nd] respondent Guruvayur Devaswom Managing Committee, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to ensure that no dakshina is collected by any person while performing the marriage ceremony, choroonu and vahana pooja in Guruvayur Sree Krishna Temple. The petitioner has also sought for a writ of mandamus commanding the respondents to ensure that Ext.P1 judgment of this Court dated 12.08.2022in DBP No.18 of 2022 in respect of Thulabharam vazhipadu is complied with in letter and spirit in all the activities in Guruvayur Devaswom. The petitioner has also sought for other consequential reliefs. 3. The Senior Deputy Director, Kerala State Audit W.P.(C)No.23584 of 2023 8 Department, Guruvayur Devaswom Audit has filed a counter affidavit dated 22.08.2023 on behalf of the 1[st] respondent State, producing therewith Ext.R1(a) appointment order dated 29.09.2022 issued by the 3[rd] respondent Administrator, whereby certain persons have been appointed as Koymas on temporary basis. One of the conditions imposed in the order of appointment, which is highlighted in that order reads thus; “്ഷേത്രം നാല്ᩘല്തിനക് ം, നി്ഷേദ്യകൗ്ᩂറിലതം, േിോഹം, ്ഷ ാറൂൺ, ോഹന പൂജ രതട്ങിയേ്ᩄ്തം എ് ്ᩐ ഭ്വജന്ങ്ഷ ാട് മാനയമായി പപരതമാ്ഷറ്ᩂരതം ദ്േിണ ്ഷ ാദ്ി്ചു ോ്ങാൻ പാടിലലാ്തരതം അേർ്ത പരമാേധി സൗകരയ്ങൾ പ ്ᩄരത പകാടത്ഷ്്ᩂരതമാണ്.” Another condition stipulated in the said order also reads thus; “്ഷേത്രം ്ഷകാ്ᩄമമാർ ഭ്വജന്ങ ിൽ നി്ᩐതം യാപരാരത േിധ്തിലത്ᩦ ത്പരിഫല്ഷമാ പാരി്ഷരാഷിക്ങ്ഷ ാ സവീകരി്ാൻ പാടിലലാ്തരതം ്ഷേത്ര്തിനക്ത് നി്ᩐ് ഭ്വജന്ങൾ്് ത്പസാദ്ം നല്കതോ്ഷനാ ആയരിന് ദ്േിണ ോ്ങതോനതം പാടിലലാ്തരതമാണ്. ഇ്തരം കാരയ്ങൾ ത്ര്ᩍയിൽപപ്ᨾാൽ യാപരാരത മത്ᩐറിയി്ᩔുമിലലാപര ത്പേർ്തിയിൽ നി്ᩐ് ഒഴിോ്ത്ᩐരതം രതടർ്ᩐത്ᩦ നിയമന്ങ ിൽ അ്ഷയാഗ്യരാ്ത്ᩐരതമാണ്. കൂടാപര ്ഷേത്രം ്ഷകാ്ᩄമമാർ ്ഷേത്രാ ാര്ങൾ അനതസരി്ചു ത്പേർ്തിപയടത്ഷ്്ᩂരതം ഡ്യൂ്ᨾി സമയ്ഷ്താ ഇട്ഷേ ക ി്ഷലാ ലഹരി പദ്ാർ്ഥ്ങൾ ഉപ്ഷയാഗ്ി്ാൻ പാടത്ᩦരലല.” 4. The learned Standing Counsel for Guruvayur Devaswom Managing Committee seeks further time to get instructions and file counter affidavit. 5. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to direct the 3[rd] respondent Administrator to take necessary steps to ensure strict compliance of the W.P.(C)No.23584 of 2023 9 conditions stipulated in Ext.R1(a) order dated 29.09.2022, by all those who are appointed as Koymas.” 7. Respondents 2 and 3 have filed a counter affidavit dated 02.11.2023. Paragraphs 5 to 11 of that counter affidavit read thus; “5. It is submitted that the above said vazhipadu is being conducted by the devotees as precious offering of their life and the persons who are performing such rituals are being paid as a 'Dakshina' to the person who conducted the same which is voluntary in nature. Such 'Dakshina' is being given by the devotees voluntarily and without any compulsion from either the performers or the officials of the Devaswom. There is no compulsion from any parts, especially the employees of Devaswom and 'koyma' as alleged in the Writ Petition. The petitioner has made a complaint before the 2[nd] respondent alleging that the Dakshina is being collected by the certain persons especially 'koyma' and the petitioner requested to stop such practice as held by this Hon'ble Court in Exhibit P1 Judgment decision has stopped the practice of exploitation of devotees while conducting thulabharam vazhipadu. True copy of the complaint filed by the petitioner dated 08.04.2023 is produced herewith and marked as Exhibit R2(a). Similar complaint has been made by the two other devotees. True copy of the complaint filed by K.Narayanan dated 12.08.2023 is produced herewith and marked as Exhibit R2(b). True copy of the complaint filed by K.Ramakrishnan dated 09.06.2023 is produced herewith and marked as Exhibit R2(c). In both Exhibit R2(b) and W.P.(C)No.23584 of 2023 10 R2(c), no details of the complainant or their whereabouts for conducting any further enquiry is available. Upon perusing the CCTV visuals of these particular days, no such incidents of demanding Dakshina by the 'Koymas' could be gathered. 6. It is directed the Thulabharam Kuthaka holder or his employees would not be permitted to demand any amount as Thattilpanam or dakshina from the devotees and that in case any devotee places Thattilpanam or Dakshina for Thulabharam offering it should be remitted to Devaswom. In Exhibit R1(a) appointment letter of 'Koyma', it is also specifically mentioned that the demanding any type of Dakshina is not be permitted. Upon enquiry the 'koymas', they are also vehemently denying the act of demanding dakshina from devotees. 7. It is submitted that Devaswom has already installed a board in ‘Choroonu Hall’ exhibiting that no Dakshina need be paid to anyone other than vazhipadu rate fixed by Devaswom. The true copy of the photograph showing that the board installed by the Devasworn in Choroonu Hall is produced herewith and marked as Exhibit R2(d), It has been directed by this respondent to depute a competent officer for supervision at the Neyvilakku queue, Mandapam near Nalambalam and Thulabharam counter and prasada oottu hall to prevent any such acts of demanding dakshina by anyone. The true copy of the notice issued by this respondent dated 11.09.2023 is produced herewith and marked as Exhibit R2(e). 8. It is submitted that the allegations in the writ petition that employees of Devaswom demand while performing W.P.(C)No.23584 of 2023 11 the above rituals is not at all correct. There is no statutory violation as alleged by the petitioner in ground D of the Writ Petition. 9. It is submitted that the appointment of 'koyma' is purely temporarily for the period of one year from Brahmin community. Out of 12 numbers of 'koymas' appointed 2 are deputed inside the temple and remaining 10 are deputed to the Prasad counter, choroonu, vahana pooja and marriage on a rotational basis. The amount of each pooja is fixed by Devaswom and out of that the share/koor of the koymas is fixed as follows: |Item|Rate|Oozham|Vadyakkar|Koyma|Watchman|Devaswom| |---|---|---|---|---|---|---| |Choroon|100|||20||80| |Marriage|500|180|9|5|1|305| |Vahanapooja|500|90||5||405| |Vahanapooja|300|45||5||250| |Vahanapooja|100|45||5||50| 10. All other allegations raised are mere apprehensions of the petitioner. The compliance of the directions of this Hon'ble Court in D.B.P.No.18/2022 is being scrupulously followed by this respondent and is ensuring that such measure as directed by this Hon’ble Court would continue. 11. At this juncture it is pointed out incidentally that this Hon'ble Court had occasion to examine the concept of 'Dakshina' in **Sugunan P.M Vs Commissioner of Malabar Devaswom [2018 (1) KHC 683]** . As a matter of fact and held that "Dakshina" is something which comes within the purview of a reverential offering to a priest, a teacher or elder, who is competent and qualified in terms of concept of "Dakshina" to accept the same. Further in **Parameshwaran Namboothiri P.S Vs Travancore Devaswom Board [2012 (1) KHC 162]** it has been held W.P.(C)No.23584 of 2023 12 that there cannot be any prohibition to the Santhikars receiving 'Dakshina' as may be offered by devotees. However, the benefit of this Judgment cannot be extended to 'koymas' as they are different form 'Santhikars' and therefore the condition imposed by in Exhibit R1(a) is justifiable.” 8. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the State and the official respondents and also the learned Standing Counsel for the Guruvayur Devaswom Managing Committee. 9. As noticed in the interim order dated 19.09.2023, in Ext.R1(a) order dated 29.09.2022 issued by the 3[rd] respondent Administrator Guruvayur Devaswom, it is specifically provided that Koymas in Guruvayur Devaswom cannot demand Dakshina from the devotees and that, in case they are collecting gift of Dakshina from the devotees, their appointment is liable to be terminated without any notice, which shall be treated as disqualification for further appointment. 10. As held by a Division Bench of this Court in **Sugunan P.M v. Commissioner of Malabar Devaswom [2018 (1) KHC** **683]** , "Dakshina" is something which comes within the purview of a reverential offering to a priest, a teacher or elder, who is competent and qualified in terms of concept of "Dakshina" to W.P.(C)No.23584 of 2023 13 accept the same. 11. Koymas in Guruvayur Sree Krishna Temple, who have been appointed on temporary basis vide Ext.R1(a) order of appointment dated 29.09.2022 subject to the specific conditions contained in that order, are not entitled to collect any money from the devotees as Dakshina or otherwise while performing marriage ceremony, choroonu or vahanapooja. In such circumstances, this writ petition is disposed of by directing the 2[nd] respondent Guruvayur Devaswom Managing Committee and the 3[rd] respondent Administrator to take necessary steps to ensure strict compliance of the conditions stipulated in Ext.R1(a) order of appointment dated 29.09.2022, whereby collection of Dakshina by Koymas are prohibited. Respondents 2 and 3 shall take stern action against any Koymas collecting money from the devotees as Dakshina or otherwise by terminating their service, with disqualification for further engagement. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** ded W.P.(C)No.23584 of 2023 14 ## **`APPENDIX OF WP(C) 23584/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 12.08.2022 IN DBP NO. 18/2022 ``` ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R1(a)COPY OF THE APPOINTMENT ORDER OF KOYMA'S DATED 29/09/2022 ``` ``` EXHIBIT R2(a)True copy of the complaint filed by the petitioner dated 8-4-2023 ``` ``` EXHIBIT R2(b)True copy of the complaint filed by K.Narayanan dated 12-8-2023 ``` ``` EXHIBIT R2(c)True copy of the complaint filed by K.Ramakrishnan dated 09-06-2023 EXHIBIT R2(d)The true copy of the photograph showing that the board installed by the Devaswom in "Choroonu Hall" EXHIBIT R2(e)The true copy of the notice issued by this respondent dated 11-9-2023 ```