Writ petition challenged special darshan for Neyvilakku vazhipadu at Guruvayur Temple. Court found the practice was customary, with Tantri's opinion that it did not violate temple practices. Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
W.P.(C) NO.13066OF 2018
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 1ST 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.,
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W.P.(C)No.13066 of 2018
THRISSUR DISTRICT, PIN-680 101.
THE DESCRIPTION OF THE 2ND 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 3RD 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:
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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 3rd 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 3rd respondent Management Committee and the 2nd 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.
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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 3rd respondent Managing Committee on 07.04.2018 classify devotees into two categories, which also offend the sentiments of the devotees in general.
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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
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W.P.(C)No.13066 of 2018
to the Devaswom Board to explain the position by filing a proper affidavit.”
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.
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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.”
reads thus;
“ശ്രീ . രാജേഷ് എ . നായർ സമർ്ᩔ ി്ച W.P.(C)No.13066 of 2018 ന്മ ർ ഹർേിയുടെ ആവരയാർ്ഥ ം ശ്രീലകത് ടനയ് വിള്ക് വഴിപാെ് നെ്ത ി്ᩔു ം സ്ടപഷയൽ കയൂ വഴിയു്ᩦ ഭ്വ രുടെ ശ്പജവരനവും സംബ്യ ി്ച് തശ്രിയുടെ അഭിശ്പായം അറിയി്ക ാൻ ആവരയട്ᩔ്ട് ജേവസവം ➚ാൻഡിം്ങ് കൗൺസിൽ അഡവ . വിപിൻോസ് അയ്ച ക്ത് പരിജരാധി്ച് ക്മ ി്റി ബഹു . തശ്രിയുടെ സാ്ര ിധയ്ത ിൽ വിഷയം ചർ്ച ടചയ്തു . ബഹു . തശ്രി, ബഹു . ഊരാളൻ എ്ര ിവരുടെ അഭിശ്പായം ആരാ്ഞു . ശ്രീലക്ത് ടനയ് വിള്ക് എ്ര വഴിപാെ് വർഷ്ങ ൾ്ക് മുട്മ ഉ്ᩂ ായിരു്ര വഴിപാെ് ആയിരുട്ര്രു ം, ശ്പസ്തുത കാല്ത് ടനയ് വിള്കു മായി ഭ്വ േന്ങ ൾ വരുമായിരുട്ര്രു ം, പുറ്ത് നി്ര് ടന്യ് ടകാ്ᩂു വരു്ര ത് രു്ᩍ ിയുടെ വിഷയം ആയതിനാൽ, പുറ്ത് നി്ര് ടനയ് ടകാ്ᩂു വരു്ര ത് ഒഴിവാ്ക ി . ശ്പജതയക േർരനം അനുവേി്കു്ര രീതി അവലംബി്കു കയായിരുട്ര്രു ം ക്മ ി്റി തീരുമാനി്ചു . നിലവിലു്ᩦ ടനയ് വിള്ക് വഴിപാെ് തുെരാവു്ര താടെ്രു ം ക്മ ി്റി തീരുമാനി്ചു . ”
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
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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).
The opinion of the Tantri of Guruvayur Sree Krishna Temple in Ext.R2(b) note reads thus;
“ ീലക്ത് നെയ് വിള്ക് എ്ന വഴിപാട് പുരാതെമായി്ത ന്ന ഗുരുവായൂ ർ ്ഷ േ്ᩔ്ത ി ൽ െടന്വരുന്ന ാരു വഴിപാടാണ്. മു ൻ കാല്ᨲ ളി ൽ ഭ്ᨹ ർ നെയ് നകാി്വ്ന് ഭഗവാെ് സമ ർ ിക ഒരു രീതിയായിരുന് ഉ്ി ായിരു്ന ത്. പി്ന ീട് അശു്ᩍ ിയുനട ്ᩚ്ᩞ്ᨲ ൾ ഒഴിവാക തി ൻ നെ ഭാഗമായി ്ഷേവസവം ചീ്ᨾ് െ ൽ കി ഭ്ᨹ ർ വഴിപാട് െടത്വാനു്ᩦ സൗകരയ്ᨲ ൾ കാലാനുസൃതമായ മാ്ᩢ്ത ി ൻ നെ ഭാഗമായി നച്ᩓ താണ്. ഇ്ഷ്ᩔ ാ ൾ മ്ᩢ് ഭ്ᨹ ജെ്ᨲ ൾ ബു്ᩍ ിമു്ᨾി്ᩤ ാ്ത രീതിയി ൽ നെയ് വിള്ക് വഴിപാട് കഴി്ᩔ ിക വ ർ ഒരു്ക ിയ േ ർ ശെ സംവിധാെം ്ഷേ്ᩔ്ത ിനല ആചാര്ᨲ ൾ വിരു്ᩍ മായി കാണുവാ ൻ സാധി്ക ാ്ത തുനകാ്ി് ഇ്ഷ്ᩔ ാ ൾ ്ഷേവസവം െട്ത ിവരു്ന തര്ത ി ൽ വഴിപാട് തുട ർ ന്ം െട്ത ാവു്ന താണ് എ്ന് അഭി്ᩚ ായന്ᩔ ടുന്. ” 7. Heard the learned counsel for the petitioner, learned
Senior Government Pleader for the 1st respondent and also the
learned Standing Counsel for Guruvayur Devaswom Management
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Committee for respondents 2 and 3.
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.
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.
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10.07.2023. The learned Standing Counsel would further point out the statutory mandate of Section 35 of the Guruvayur Devaswom Act, 1978.
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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
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the convenience of the worshippers.
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The Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care and caution.
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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.
that, a reading of the preamble of the Guruvayur Devaswom Act,
1978 would clearly show that the authorities constituted under the
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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
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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. I n 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.
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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.
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
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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.
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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.
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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
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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
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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.
1 issue framed by the court
Whether the introduction of special darshan on payment for Neyvilakku vazhipadu at Guruvayur Temple was arbitrary and classified devotees into two categories.
Colour shows how this judgement treated each authority
Suo Motu v. Guruvayur Devaswom Managing Committee and othersReferred¶104
Suo Motu v. Guruvayur Devaswom Managing Committee and others [2022 (6) KLT 849]
Gopalakrishnan Nair v. State of KeralaReferred¶116
Gopalakrishnan Nair v. State of Kerala [1999 (3) KLT 574]
Gopalakrishnan Nair v. State of KeralaAffirmed¶121
Gopalakrishnan Nair v. State of Kerala [(2005) 11 SCC 45] · Who else cites this
4 provisions across 3 enactments
Rajesh A. Nair
State of Kerala
The Administrator, Guruvayur Devaswom Managing Committee
Guruvayur Devaswom Managing Committee
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court