BIJESH KUMAR M Vs. STATE OF KERALA

JUDGEMENT

(1.) Prologue An order of reference made by a Division Bench on 24.09.2019 requesting the Honourable Chief Justice to place the entire files in W.P.(C) No.20495 of 2019 for the consideration of a Full Bench and similar orders subsequently passed by another Division Bench resulted in boarding the captioned cases before us for determination of the questions raised. Individuals, who claim to be devotees/worshippers of Lord Guruvayurappan, the presiding deity in Sree Krishna Temple, Guruvayur, in their personal right and as the representatives of some religious organizations have challenged certain administrative decisions taken by Guruvayur Devaswom Managing Committee ("G.D.M.C.", for short) set up under the provisions of the Guruvayur Devaswom Act, 1978 ("Act of 1978", for short). Learned Judges constituting the Division Benches noticed apparent conflicts between the views taken in and C.K.Rajan v. State of Kerala (AIR 1994 Ker 179). According to the orders of reference, an authoritative pronouncement about the legal implication of certain provisions in the Act of 1978, especially Section 27, is essential to determine the correctness and legality of the decision taken by G.D.M.C. and approved by Guruvayur Devaswom Commissioner ("Commissioner', for short) to donate a certain sum of money to the Chief Minister's Distress Relief Fund ("C.M.D.R.F.", for short). Views taken in this regard in C.K.Rajan's case and W.P.(C) No.19035 of 2019 are in conflict with one another. W.P.(C) No.20495 of 2019 is taken as the leading case since the first order of reference happened to be passed therein. Parties are referred to in the ranks shown in the leading case.

(2.) Ardent devotees of Lord Guruvayoorappan worship the idol as an image of Sree Krishnan, an incarnation of Lord Maha Vishnu. The idol consecrated in the temple is believed to be made of a rare stone (Pathala Anjanam) and it is presented by Lord Vishnu himself to Lord Bhrahma, who later handed over the idol for worship to his son Kaisyapa Prajapathi. Later it came to the hands of Vasudeva, father of Lord Sree Krishnan. The idol was worshipped by Vasudeva and Lord Sree Krishnan himself. Lord Sree Krishnan instructed his foremost disciple Udhava at the time of swargarohanam (ascension to the heaven) to recover the idol that could be found floating on the surface of water at the time when Dwaraka submerged under the sea. Lord Sree Krishnan also instructed him to entrust it to Saint Bhrihaspathi, Guru or preceptor of Devas, for its consecration at the most appropriate place for the benefit of devotees. Guru Bhrihaspathi, with the help of Vayu (God of wind), installed the idol at the appropriate place and at an auspicious time. Since then the place itself came to be known as Guruvayur, because of the consecration of the idol by Guru Bhrihaspathi and Vayu together. Renowned devotees, like Vilwamangalam Swamiyar, Melpathoor Narayana Bhattathirippad, Poonthanam, Kurooramma, et al. believed to have obtained salvation on account of their unalloyed devotion, faith and deference to Lord Guruvayurappan. Millions of devotees across the length and breadth of the country, and even abroad, worship Lord Guruvayurappan with utmost devotion and piety.

(3.) It is admitted by all the sides that the Uraima (hereditary trusteeship) right over the temple was hereditarily vested jointly in the Zamorin Raja of Kozhikode and the Karanavan (eldest male member) for the time being in Mallisseri Illom at Guruvayur. Learned author P.R.Sundara Aiyar in his treatise "Malabar and Aliyasanthana Law' defines "Uralan" as a trustee of temple in Malabar. High Court of Madras in its judgment dated 01.11.1889 in Appeal No.35 of 1887 declared the joint and Uraimaship (joint trusteeship) vested in Zamorin Raja and karanavan of Mallisseri illom. In the year 1926, the Madras Legislature passed Madras Hindu Religious and Charitable Endowments Act, 1926 and it came into force on 08.02.1927. Shortly thereafter, some of the temple worshippers filed a petition before the Hindu Religious Endowments Board, constituted under the said Act, alleging mismanagement of the affairs of the temple by the Uralans (hereditary trustees). Board started enquiry on the basis of that petition which finally resulted in settling a scheme of administration for the temple under Section 63(1) of the said Act. Under that scheme, the Board completely disregarded the rights of Mallisseri Namboothir to function as a hereditary trustee of the temple and entrusted the day to day management to the Zamorin Raja as hereditary trustee, subject to the supervision by the officers of the Board. Then Karanavan of Mallisseri Illom instituted O.S.No.1 of 1929 in the District Court of South Malabar at Calicut under Section 63(4) of the Madras Hindu Religious and Charitable Endowments Act to amend the scheme settled by the Board and to recognize his due position as joint Uralan of the Devaswom. The worshippers, on whose request the scheme had been framed by the Board, instituted O.S.No.2 of 1929 in the same court contending that the Board had not incorporated sufficient safeguards in the scheme to ensure proper management of the institution. They also prayed that the scheme should be suitably amended by making provisions for the appointment of additional non hereditary trustees and placing the management in the hands of the said Board consisting of five trustees. The District Court upheld the claim of Mallisseri Namboothiri to be a joint hereditary trustee of the temple along with Zamorin Raja. Certain amendments were also made in the scheme of administration settled by the Board. Against the said decision, the Zamorin Raja filed A'S.Nos.211 and 212 of 1930 before the High Court of Madras. Those appeals were disposed of by a Division Bench as per judgment dated 21.11.1930. Learned Judges confirmed the decree of the District Court insofar as it recognized the rights of Mallisseri Namboothiri to function as a joint trustee of the temple and the modification effected in the scheme in this regard was upheld. The scheme set out by the District Court on the basis of the contentions put forward by the worshippers was also confirmed by the learned Judges with certain modifications. Thereafter a suit, O.S.No.1 of 1933, was filed by some of the worshippers for amending the aforementioned scheme. As per the decree in that suit, some minor modifications were effected in the then existing scheme. Since then the administration of the temple was being carried on under the modified scheme. This position continued even after the Madras Hindu Religious Endowments Act, 1926 was replaced by the Madras Hindu Religious and Charitable Endowments Act, 1951 ("HR&CE Act", in short) which came into force on 30.09.1951.