M P GOPALAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri Krishna Temple situated at guruvayoor is one of the most famous temples in the world. The history and legends of the temple are intimately linked with great saints like Villwamangalam Swamiyar, melpathur, the author of Narayaneeyam, poonthanam and Kururamma. The temple attracts millions of devotees from all over the world. Zamorin Raja and the karanavan of the Mallissery Illom were the hereditary trustees of the temple. Disputes and differences arose between the Zamorin raja and the Karanavan of the Illom mainly about Orrayma rights which were ultimately determined by a judgment of the Madras high Court in A. S. No. 35/1887 on 1-11-1880.

(2.) After the Madras Hindu Religious and charitable Endowments Act, 1926 came into force, a scheme for administration of the Temple and its properties was framed in terms whereof the Zamorin Raja was entrusted with the management of the Temple under the supervision of the officers of the Board. The Karanavan of the Mallissery illom thereupon filed O. S. No. 1 of 1929 before the District Court of South-Malabar.

(3.) The worshippers of the Temple also filed o. S. No. 2 of 1929 in the same court praying for framing up of a proper scheme which would give appropriate representation to the non-hereditary trustees from among the devotees. The District Court by a judgment and decree dated 25-10-1929 upheld the claim of the Karanavan of the Mallissery illom to be made a joint trustee along with zamorin Raja as a result whereof the scheme was amended. The Zamorin Raja preferred an appeal thereagainst before the high Court of Madras which were marked as A. S. No. 211 and 212 of 1930. The High court of Madras disposed of the appeals by a common judgment dated 21-11-1930 confirming the decision of the District Court rejecting the prayer for appointment of nonhereditary trustees. Some modifications in the said scheme were made later on.