Kerala High Court
Suo Motu vs The Guruvayur Devaswom Managing ... on 23 October, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:79508
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 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,
1946
W.P.(C) NO. 25378 OF 2022
PETITIONER:
SUO MOTU WRIT PETITION (CIVIL) INITIATED BASED
ON THE LETTER SUBMITTED BY [SRI PRAKASAN K.V.,
KANDENGATTIL HOUSE, EDATHIRINJI P.O.,
THRISSUR]* REQUESTING DIRECTION TO GURUVAYUR
DEVASWOM FOR GRANTING OF INTEREST ON THE AMOUNT
REMITTED FOR UDAYASTHAMANA POOJA AT GURUVAYUR
DEVASWOM.
*SUO MOTU CORRECTED AS PRAKASHAN K.V.,
KANDAGATTIL HOUSE, PO EDTHIRINJI, THRISSUR,
PIN - 680 122.
RESPONDENT:
THE GURUVAYUR DEVASWOM MANAGING COMMITTEE
REPRESENTED BY ITS ADMINISTRATION AND
SECRETARY, GURUVAYUR, THRISSUR DIST.- 680101.
SRI.T.K.VIPINDAS, SC
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W.P.(C) No.25378 of 2022
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
FINAL HEARING ON 23.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.25378 of 2022
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.25378 of 2022
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Dated this the 23rd day of October, 2024
JUDGMENT
P.G.Ajithkumar, J.
The writ petition was registered suo motu on the basis of
the complaint dated 26.08.2022 submitted by the petitioner.
The complaint was submitted before the Honourable Chief
Justice of this Court. On placing the said complaint before us,
we have directed the Registry to initiate this suo motu writ
petition.
2. The grievance of the petitioner is that a date for
"Udayasthamana Pooja" in Guruvayoor Temple, he booked in
the year 1996, was allotted in 2025. He has remitted the
entire charges, of which Rs.10,000/- as advance. Whoever
pays more amount than the advance, the Guruvayoor
Devaswom used to pay interest for the amount remitted in
excess of the advance. When he demanded payment of the
interest, the Devaswom authorities informed that that practice
was stopped and the same was mentioned in the receipt
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issued to the petitioner itself. Stating that denial of interest to
the excess amount paid is illegal, the petitioner submitted the
complaint seeking intervention of this Court.
3. On 08.08.2022, the learned Standing Counsel for
the Guruvayoor Devaswom Managing Committee entered
appearance and sought time to file a counter-affidavit. A
notice was sent to the petitioner. On receipt of the notice, he
informed his inability to appear before this Court. He informed
that Udayasthamana Pooja he booked has already been
performed on 15.07.2022.
4. A counter-affidavit was filed on behalf of the
respondent. It is contended that the petitioner is not entitled
to claim interest. The relevant pleadings in the counter-
affidavit are extracted below:
"3. It is submitted that it was decided that the
Guruvayur Devaswom Managing Committee has been
fixing the rates of the Udayastamana Pooja for advance
booking from time to time. But however due to the long
pendency of the offerings, by the time the pooja is
conducted the amounts received as advance would not
be sufficient for conducting the pooja.
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4. It is submitted that the complaint of the de facto
complainant is totally misconceived and made without a
proper understanding of the offering. An offering made
by a devotee is made without seeking any material
gains in return. The only returns which a devotee seeks
by making an offering is the blessings of the Lord.
5. The petitioner had made a booking as F6-
2491/1996 for Rs.10,000/-.The balance amount was
paid in 2 installments in Rs.50,000/- & Rs.30,000/-. In
the receipt itself it is specifically stipulated that the
advance amount would not carry any interest.
Therefore the petitioner is estopped from claiming
interest on the offering."
A copy of the counter-affidavit filed on behalf of the
Guruvayoor Devaswom Managing Committee was sent by
speed post to the petitioner.
5. Heard the learned Standing Counsel for the
respondent.
6. The petitioner booked "Udayasthamana Pooja" at
Guruvayoor Temple and remitted the advance amount of
Rs.10,000/- as early as in 1996. He subsequently remitted
the balance amount in two instalments of Rs.50,000/- and
Rs.30,000/-. The claim of the petitioner is that as per the
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existing practice, Guruvayoor Devaswom has been paying
interest for the amount paid in excess of the advance. The
respondent would contend that such a practice was stopped
as per the resolution resolved by the Guruvayoor Devaswom
Managing Committee in its meeting held on 25.04.2012 and
26.04.2012. It is further contended that the said fact was
mentioned in the receipts given to the petitioner. On that
premise the respondent contended that the petitioner is
estopped from claiming interest.
7. It is seen that the charges for "Udayasthamana
Pooja" at Guruvayoor Temple have been enhanced
periodically. A devotee booking an "Udayasthamana Pooja"
would be getting a date after the lapse of a long period. When
the Devaswom does not insist on payment of any amount in
excess of the advance deposit before the date of the Pooja
and the Managing Committee has taken a decision not to pay
interest on the excess amount paid, we are of the view that
there is no illegality in non-payment of interest. The claim of
the petitioner therefore is untenable. The writ petition is
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disposed of accordingly.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF WP(C) 25378/2022
RESPONDENT EXHIBITS
EXHIBIT R1 (A) TRUE COPY OF THE RESOLUTION NO 61
DATED 25.04.2012 AND 26.04.2012
