Sadasiva Subramanniam vs The Guruvayoor Devaswom Managing ...
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Kerala High Court

Sadasiva Subramanniam vs The Guruvayoor Devaswom Managing ... on 2 April, 2025

Author: Anil K. Narendran

Bench: Anil K. Narendran

WP(C) NO. 11863 OF 2019              1              2025:KER:30840


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
                                    &
         THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

 WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
                          WP(C) NO. 11863 OF 2019

PETITIONER/S:

             SADASIVA SUBRAMANNIAM
             AGED 65 YEARS
             S/O. CHIDAMBARA IYER (LATE), SRIVIDYA, 70,
             VELAPARKOIL STREET, CAMBUM, TENI DISTRICT, TAMIL
             NADU-625 516

             BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENT/S:

     1       THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE
             GURUVAYOOR-680 001, REPRESENTED BY ITS
             ADMINISTRATOR

     2       THE ADMINISTRATOR
             GURUVAYOOR DEVASWOM, GURUVAYOOR-680 001

     3       THE THANTHRI,
             GURUVAYOOR DEVASWOM, GURUVAYOOR-680 001

     4       THE GURUVAYOOR DEVASWOM,
             GURUVAYOOR - 680 001, REPRESETNED BY ITS
             ADMINISTRATOR. ADDITIONAL R4 IS IMPLEADED AS PER
             ORDER DATED 28/5/19 IN I.A.NO.1/19.

             BY ADVS.
             SRI.T.K.VIPINDAS
             SRI.SANTHOSH P.PODUVAL
             SMT.R.RAJITHA
             SRI.K.RAMACHANDRAN
 WP(C) NO. 11863 OF 2019        2                  2025:KER:30840



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 11863 OF 2019                    3                    2025:KER:30840



                                  JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Lord Guruvayoorapan of

Guruvayur Sree Krishna Temple, which is a temple under the

management of the 1st respondent Guruvayur Devaswom

Managing Committee, has filed this writ petition under Article 226

of the Constitution of India seeking a writ of mandamus

commanding respondents 1 and 2 to conduct Udayasthamana

Pooja consequent to the endowment created by the family of the

petitioner, as evidenced by Ext.P1 communication dated

30.05.1978 of the 2nd respondent Administrator, Guruvayur

Devaswom, as his own offering alone, as has been done in the

previous years, and without making it as a joint offering of four

more devotees as mentioned in Ext.P6 letter dated 17.11.2018

issued by the 2nd respondent Administrator. The petitioner has also

sought for a declaration that the decision of the Guruvayur

Devaswom Managing Committee to conduct Udayasthamana

Pooja performed during one day in the name of five persons, vide

resolution No.1 at the meeting of the 1st respondent Managing

Committee held on 26.10.2018, is against the provisions of the

Guruvayur Devaswom Act, 1978; and a declaration that any WP(C) NO. 11863 OF 2019 4 2025:KER:30840

change in the manner in which Udayasthamana Pooja has been

performed can only be introduced with the approval and consent

of the Tantri of Guruvayur Sree Krishna Temple.

2. On 12.04.2019, when this writ petition came up for

admission, the matter was admitted on file. Respondents 1 and 2

entered appearance through the learned Standing Counsel for

Guruvayur Devaswom Managing Committee. It was ordered that

the question as to whether notice has to be issued to the 3rd

respondent Tantri of Guruvayur Sree Krishna Temple will be

considered later. Respondents 1 and 2 were directed to file counter

affidavits.

3. In the order dated 12.04.2019, this Court noticed that

the substantial change with regard to the conduct of

Udayasthamana Pooja is made after ascertaining 'Daivahitham' in

the Ashtamangala Prasnam conducted in this regard. However, the

rate for conducting Udayasthamana Pooja with reference to the

actual cost for providing the infrastructure with respect to the

number of devotees permitted to do the said pooja at a time, will

be considered in due course. It was made clear that the said order

dated 12.04.2019 will be subject to further orders to be passed in

the matter.

WP(C) NO. 11863 OF 2019 5 2025:KER:30840

4. Respondents 1 and 2 have filed a counter affidavit

dated 22.05.2019, producing therewith Exts.R1(a) to R1(e)

documents. The document marked as Ext.R1(a) is decision No.1

taken in the meeting of the 1st respondent Guruvayur Devaswom

Managing Committee held on 26.10.2018, the decision which is

under challenge in the writ petition. The said decision of the 1 st

respondent Managing Committee reads thus;

''ക്ഷേത്രത്തിൽ 26.09.18 മുതൽ 02.10.18 കൂടി നടത്തിയ അഷ്മംഗല

പ്രശ്നതിന്റെ "പ്രശ്നചാർത്ത്" പരിക്ഷ ാധിച്ച ഭരണസമിതി, പ്രശ്നചാർത്തിൽ നിർക്ഷേ ിച്ചിട്ടുള്ള പരിഹാരക്രിയകളം വഴിപാടുകളം എത്രയം ന്റപന്റെന്ന് നടത്തുന്നതിനു ക്ഷവണ്ട നടപടികൾ സവീകരിക്കുന്നതിന് ക്ഷേത്രം തന്ത്രിന്റയ

ചുമതലന്റെടുത്തുവാൻ തീരുമാനിച്ചു .

പ്രശ്നചാർത്തിൽ സൂചിെിച്ച ക്ഷേവഹിതമനുസരിച് ച് ക്ഷേത്രത്തിൽ നടത്തി

വരുന്ന ഓക്ഷരാ േിവസക്ഷത്തയം ഉേയാസ്തമനപൂജ 5 വഴിപാടുകാരുന്റട ക്ഷപരിൽ നടത്താനും അതുപ്രകാരം നിലവിൽ ബുക്ക് ന്റചയ്തവരുന്റട ഉേയാസ്തമന

പൂജകൾ ക്രമപ്ന്റപടുത്താനും 01.01.19 മുതൽ ഇക്കാരയം പ്രാബലയതതിൽ

വരുത്തുന്നതിനും ഭരണസമിതി തീരുമാനിച്ചു. കൂടാന്റത ഇക്ഷൊൾ

ഉേയാസ്തമന പൂജയന്റട ചാർജായി ഈടാക്കുന്ന 1 1/2 ലക്ഷം രൂപ

01.01.19 മുതൽ ഒരു ലക്ഷം രൂപയായി കുറയ്ക്കുന്നതിനും ഭരണ സമിതി

തീരുമാനിച്ചു. ഉേയാസ്തമന പൂജ ബുക്കു ന്റചയ്ത 5 വഴിപാടുകാരുന്റട 5 പൂജ വീതം ഒരു േിവസം നടത്തുന്നക്ഷതാടുകൂടി വഴിപാടുകാർക്ക് ഏതു വർഷക്ഷത്തയ്ക്കാക്ഷണാ ബുക്ക് ന്റചയ്തത് അതിനു വളന്റര മുൻപുതന്റന്ന വഴിപാട്

നടത്തുന്നതിനുള്ള അവസരമാണ് ലഭിക്കുന്നന്റതന്നം ക്ഷമൽപ്രകാരം 5 ക്ഷപർക്കായി പൂജ നടത്തുന്നതിൽ ഉൾന്റെടുന്നതിന് താല്പരയമില്ലാത്തപേം WP(C) NO. 11863 OF 2019 6 2025:KER:30840

ബുക്കിങ്ങ് കയാൻസൽ ന്റചയ്ത് ബുക്കിങ് ചാർജ് തിരിന്റക ലഭയമാക്കുന്നതിനുള്ള സവാതന്ത്രയമുന്റണ്ടന്നം ഉള്ള കാരയങ്ങൾ ക്ഷരജിസ്ന്ററർഡ് കത്ത് മുക്ഷേന വഴിപാടുകാന്റര അറിയിക്കുന്നതിനും ഭരണസമിതി

തീരുമാനിച്ചു.''

5. In the counter affidavit dated 22.05.2019 filed by

respondents 1 and 2, it is stated that in the Ashtamangala

Prasnam held in Guruvayur Temple from 26.09.2018 to

02.10.2018 with Kaimukku Raman Akkithirippad as Daivajnan, it

was found that Udayasthamana Pooja can be performed in the

name of 5 persons in a day. Apart from that, there was a

substantial change with the conduct of Udayasthamana Pooja,

after Ashtamangala Prasnam and the opinion of the 3rd respondent

Tantri. The cost for performing Udayasthamana Pooja has also

increased. Since the increased cost has to be shared among 5

persons there is a decrease in the financial commitment of each

person. The matter was considered by respondents 1 to 3 and with

the concurrence of the 3rd respondent Tantri, the same was

decided to be implemented as per Resolution No.1 dated

26.10.2018 of the 1st respondent Managing Committee. The total

cost of Udayasthamana Pooja was Rs.1,50,000/- till that time.

Since 5 persons are allowed to participate in a day's pooja, the

amount collected from each person was decided to be reduced WP(C) NO. 11863 OF 2019 7 2025:KER:30840

from Rs.1,50,000/- to Rs 1,00,000/- and also to make the rituals

and celebrations like Kazhcha Seeveli etc. more colorful with 3

caparisoned elephants.

6. In the counter affidavit dated 22.05.2019 filed by

respondents 1 and 2 it is pointed out that the booking of

Udayasthamana Pooja was closed as per Resolution No.11 dated

12.06.2007, as it was noticed that the poojas as per the bookings

taken till then could not be completed before 2050. The number

and duration of poojas performed on the occasion of

Udayasthamana pooja is much higher than the poojas on the

normal days. The sanctum sanctorum used to be closed frequently

during Udayasthamana Pooja. Thus the available time for darsan

of the devotees would be considerably reduced during the days in

which Udayasthamana pooja is performed. For facilitating darsan

to all devotees visiting the temple, the performance of

Udayasthamana pooja is restricted to off-season days and

uncrowded days. This lead to a situation of limiting the

performance of Udayasthamana poojas to a maximum of 60 days

per year, for the last several years. This led to a situation of

making it impossible to perform Udayasthamana pooja during the

life time of the devotee, who booked that Pooja. In Rajan C.K. v.

WP(C) NO. 11863 OF 2019 8 2025:KER:30840

State of Kerala [AIR 1994 Ker. 179], a Division Bench of this

Court observed that Guruvayur Devaswom may consider the

conduct of plurality of persons to perform the Udayasthamana

Pooja in a day. Along with the counter affidavit Ext.R1(e) estimate

for the conduct of Udayasthamana Pooja is placed on record, as

per which, the total expenditure comes to Rs.5,00,000/-.

7. The petitioner has filed a reply affidavit dated

27.05.2019.

8. The then Tantri of Guruvayur Sree Krishna Temple,

namely, Narayanan Namboothirippadu has filed a counter affidavit

dated 11.07.2019 for the 3rd respondent, producing therewith

Exts.R3(a) and R3(b) documents. Paragraph 5 of that affidavit

reads thus;

''5. Similarly the averments in Para 9 are also substantially correct. It is to be submitted that so far as the Thantri is concerned he is by law & by duty and by custom & usage bound to conduct only one pooja as Udayasthamana pooja per day allotted for that. It is further submitted that, this custom and practice which is performed in the temple, alone can be done by me as the Thantri cannot deviate from it. It is further submitted that, till now udayasthamana pooja is conducted only so. Actually what the Daivajnan told in the Devaprashnam was that, although a group of performance of udayasthamana pooja may be possible, that can be done only WP(C) NO. 11863 OF 2019 9 2025:KER:30840

with the consent of the Thantri and his family members as well as all the parambaryakars of the Guruvayoor Temple. It is submitted that the Devaswom Commissioner had intervened earlier when a similar decision was taken by the then Devaswom Committee to permit performance of Udayastamana Pooja in the names of more than one devotees during one day. It was made clear that such a decision can only be taken upon the advice of the Thantri. A copy of letter dated 26/11/11 issued by Guruvayoor Devaswom Commissioner temple is produced herewith and marked as Exhibit R3(a). Anyway, the 3rd respondent till now, has not conducted udayasthamana pooja deviating from the old custom.''

9. Respondents 1 and 2 have filed an additional counter

affidavit dated 16.02.2023. Paragraph 2 of that additional counter

affidavit reads thus;

''2. It is submitted that the Thantri who was the 3rd respondent at the time of Writ Petition has expired on 25- 10-2021 Thereafter Brahmasree P.C. Dinessan Namboothirippad is the present Thantri. On discussion of the subject matter with the present Thantri, he has expressed the opinion that the practice of conducting Udayasthamana Pooja for five persons need not be considered as objectionable and can be permitted in terms of the suggestions in the devaprashnam. Therefore in the light of the aforesaid opinion of the present Thantri, the objections raised in the counter affidavit dated 05-07-2019 filed by the former Thantri has become insignificant. Therefore in the opinion of the present Thantri who is the ultimate authority WP(C) NO. 11863 OF 2019 10 2025:KER:30840

in respect of religious and spiritual matters of the temple as per Section 35 of the Guruvayur Devaswom act, the practice of permitting 5 persons to conduct Udayasthamana Pooja need not be disturbed. Therefore the present Writ Petition is only liable to be dismissed.''

10. The aforesaid additional counter affidavit was followed

by an additional counter affidavit dated 23.05.2023 of the 3rd

respondent, which is one sworn to by P.C. Dinessan

Namboothirippad, the present Tantri of Guruvayur Sree Krishna

Temple. Paragraphs 2 to 4 of that affidavit read thus;

''2. My learned predecessor, Sri. Narayanan Namboothirippad had filed a counter affidavit dated 11.07.19 in the above writ petition. I have gone through the averments in the said affidavit. I fully agree with the contents of the said affidavit. I am also in agreement with the view expressed by my learned predecessor on the performance of Udayastamana Pooja in the name of five devotees on a day.

3. It is to be submitted that so far as the Tantri is concerned he is by law, by duty and by custom & usage bound to conduct only one pooja as Udayasthamana pooja per day allotted for that. It is further submitted that, this custom and practice which is performed in the temple, alone can be done by me as the Tantri cannot deviate from it. It is further submitted that, till now udayasthamana pooja is conducted only so. Actually what the Daivajnan told in the Devaprashnam was that, although a group of performance of udayasthamana pooja may be possible, that can be done WP(C) NO. 11863 OF 2019 11 2025:KER:30840

only with the consent of the Thantri and his family members as well as all the parambaryakars of the Guruvayoor Temple. It is submitted that the Devaswom Commissioner had intervened earlier when a similar decision HCOURT OF was taken by the then Devaswom Committee to permit performance of Udayastamana Pooja in the names of more than one devotees during one day. It was made clear that such a decision can only be taken upon the advice of the Tantri. Anyway, the 3rd respondent till now, has not conducted udayasthamana pooja deviating from the old custom.

4. The udayasthamana pooja in Guruvayoor temple is really different from other temples. Here when a booked udayasthamana pooja starts from the evening of one day it ends only in the evening of its third day with Sreebhoodabali. Twenty one poojas are conducted in each udayasthamana pooja. The next udayasthamana pooja can be started only after the completion of the all rituals in the preceding udayasthamana pooja. Thus it can be seen that it is totally impossible to conduct one connected rituals in a day which require at least three consecutive days. That is why Udayasthamana Poojas are not conducted every day. The Thantri cannot make any sort of deviation from this immemorial customs and practice.''

11. On 10.07.2023, respondents 1 and 2 have filed an

additional affidavit, producing therewith Ext.R1(f) note issued by

the present Tantri of Guruvayur Sree Krishna Temple regarding

Udayasthamana Pooja. Paragraphs 2 and 3 of that affidavit read WP(C) NO. 11863 OF 2019 12 2025:KER:30840

thus;

''2. It is submitted that the present additional affidavit is being 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 "Udayasthamana Pooja"in the temple. The true copy of the note issued by Bhramashree Chennasn Dinesan Namboodiripad in respect of "Udayasthamana Pooja" is produced herewith and marked as Exhibit R1(f).

3. It is submitted that Exhibit R1(d) decision was taken during the life time 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.''

12. Heard the learned counsel for the petitioner, the

learned Standing Counsel for Guruvayur Devaswom Managing

Committee for respondents 1, 2 and additional 4th respondent and

also the learned counsel for the 3rd respondent Tantri.

13. 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 WP(C) NO. 11863 OF 2019 13 2025:KER:30840

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.

14. 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 composition of Guruvayur Devaswom Managing

Committee. Section 9 of the Act deals with 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

may be prescribed.

15. 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 WP(C) NO. 11863 OF 2019 14 2025:KER:30840

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 the convenience of the worshippers.

16. 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 WP(C) NO. 11863 OF 2019 15 2025:KER:30840

pertaining to the Devaswom shall be final, unless such decision

violates any provision contained in any law for the time being in

force.

17. 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 the management of

Devaswom properties, is legally bound to perform its duties with

utmost care and caution.

18. 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 WP(C) NO. 11863 OF 2019 16 2025:KER:30840

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 subsection (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 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.

19. 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 WP(C) NO. 11863 OF 2019 17 2025:KER:30840

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.

20. As already noticed hereinbefore, Section 35 of the Act

makes it explicitly clear that Tantri shall be the final authority in

religious matters. Sub-section (1) of Section 35 states in

categorical terms that nothing in this Act shall be deemed to

authorise the Managing Committee or the Commissioner or the

Government to interfere with the religious or spiritual matters

pertaining to Guruvayur 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 Guruvayur

Devaswom shall be final, unless such decision violates any

provision contained in any law for the time being in force. Rule 6 WP(C) NO. 11863 OF 2019 18 2025:KER:30840

of the Rules makes it explicitly clear that the Managing Committee

shall not alter or cause to alter the performance of customary rites

and ceremonies in the temple.

21. During the course of arguments, the learned Standing

Counsel for Guruvayur Devaswom Managing Committee has made

available for the perusal of this Court the 'Prasnacharth' of

'Ashtamangala Prasnam' conducted in Guruvayur Sree Krishna

Temple on 26.09.2018. The relevant extract of that 'Prasnacharth'

(page No.20), in respect of Udayasthamana Pooja is extracted

hereunder;

''ഉേയാസ്തമനപൂജ ലേണയാ ഒരു േിവസം അഞ്ചു ഭക്തന്മാരുക്ഷടതായി നടത്താന്റമന്ന കാണുന്നന്റണ്ടങ്കിലം ബന്ധന്റെെവരുമായി കൂടിയാക്ഷലാചിച്ച്

നിയമവയവസ്ഥക്ഷയാ ടുകൂടി ന്റചക്ഷേണ്ടതാണ്. ഭക്തന്മാർക്ക് മനഃക്ഷേ ം ഇല്ലാത്ത വിധത്തിൽ അവർക്കു േർ നത്തിനും മറ്റം ക്ഷവണ്ടുന്ന സൗകരയങ്ങൾ പരമാവധി

ന്റചയ്തുന്റകാടുക്ഷക്കണ്ടതാണ്. ''

22. The pleadings and materials on record would not show

that the then Tantri of Guruvayur Sree Krishna Temple, who has

sworn to a counter affidavit dated 11.07.2019, has taken a

decision as per the requirements of sub-section (2) of Section 35

of the Act on the conduct of Udayasthamana Pooja by 5 devotees

in a day.

23. The learned Standing Counsel for Guruvayur WP(C) NO. 11863 OF 2019 19 2025:KER:30840

Devaswom Managing Committee would submit that, as stated in

the additional affidavit dated 10.07.2023 sworn to by respondents

1 and 2, the former Tantri of the temple 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 the provisions under Section 35 of the

Act.

24. In view of the prohibition contained in sub-section (1)

of Section 35, nothing in the Act shall be deemed to authorise the

1st respondent Managing Committee or the Commissioner or the

Government to interfere with the religious or spiritual matters

pertaining to Guruvayur Devaswom. Therefore, a decision to

permit the conduct of Udayasthamana Pooja by 5 devotees in a

day has to be taken by the Tantri of the temple and not by the 1st

respondent Managing Committee in which the Tantri is one among

the members. Therefore, we find no reason to sustain Ext.R1(a)

decision taken by the 1st respondent Managing Committee, vide

Resolution No.1, to conduct Udayasthamana Pooja performed in

Guruvayur Sree Krishna Temple by 5 devotees in a day.

25. In such circumstances, this writ petition is disposed of

by setting aside Ext.R1(a) decision taken by the 1st respondent WP(C) NO. 11863 OF 2019 20 2025:KER:30840

Managing Committee, vide Resolution No.1 to conduct

Udayasthamana Pooja performed in Guruvayur Sree Krishna

Temple by 5 devotees in a day. The 3rd respondent Tantri shall take

an appropriate decision in the matter, as per the requirements of

sub-section (2) of Section 35 of the Act, as expeditiously as

possible. The submission of the learned counsel for the 3 rd

respondent Tantri that an appropriate decision in the matter shall

be taken by the Tantri within a period of two months, is recorded.

Till such a decision is taken, the existing practice in the conduct of

Udayasthamana Pooja shall be continued, as per the opinion given

by the 3rd respondent Tantri in Ext.R1(f) note dated nil produced

along with the additional affidavit dated 10.07.2023 filed by

respondents 1 and 2.

We make it clear that this Court has not expressed anything

on the fixation of the total expenditure for the conduct of

Udayasthamana Pooja as Rs.5,00,000/- as per Ext.R1(e) estimate

produced along with the counter affidavit dated 22.05.2019 filed

by respondents 1 and 2.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

                                   MURALEE KRISHNA S., JUDGE
Dxy
 WP(C) NO. 11863 OF 2019                21                  2025:KER:30840



                          APPENDIX OF WP(C) 11863/2019

RESPONDENT EXHIBITS

EXHIBIT R1(F)               TRUE COPY OF THE NOTE ISSUED BY BHRAMASHREE

CHENNASN DINESAN NAMBOOTHIRIPPAD IN RESPECT OF UDAYASTHAMANA POOJA DATED NIL

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION VIDE NO. A4- 2223/78 DATED 30.05.78 ISSUED BY THE ADMINISTRATOR GURUVAYUR DEVASWOM.

EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE ADMINISTRATOR DATED 21.05.78.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 03.05.1978 ISSUED BY THE ADMINISTRATOR.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 06.02.2009.

EXHIBIT P5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE LETTER VIDE NO. F6- 3605/2018 DATED 27.03.2019.

RESPONDENT EXHIBITS

EXHIBIT R3(A) TRUE COPY OF THE LETTER DATED 26/11/11 ISSUED BY GURUVAYOOR DEVASWOM COMMISSIONER TEMPLE.

EXHIBIT R3(B) TRUE COPY OF ARTICLE PUBLISHED YEAR BACK BY A OTHIKKAN OF THIS TEMPLE.

PETITIONER EXHIBITS

EXHIBIT P6                  TRUE COPY OF THE LETTER VIDE NO.
                            F63605/2018 DATED 17.11.2018.