C K RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a public interest litigation. It concerns the famous Sree Krishna Temple, Guruvayur - a very ancient temple of unique importance worshipped and held in great reverence by millions all over the country. The temple owns extensive movable and immovable properties and endowments. The temple has its own heritage and traditions of renewed referred memory, which adds grandeur and majesty to it over the entire globe. Shri C.K. Rajan, Chennara House, P.O. Nhamanghat, via. Kunnamkulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple, Guruvayur. A statement from Shri C.K. Rajan was recorded by the Registrar of this Court on 11-2-1993. He owned the sending of the petition, its content, etc. Gross irregularities, maladministration and various lapses were disclosed. The matter was placed before My Lord the Chief Justice, who, by order dated 11-2-1993, treated the said communication of Shri C. K. Rajan as an original petition under Art. 226 of the Constitution of India and posted the matter before this Bench for passing appropriate orders. By order dated 12-2-1993, this Bench admitted the original petition and ordered notice to the respondents mentioned in paragraph 6 of the said order. Originally, there were only four respondents. The other respondents were subsequently impleaded, either on their own application or suo motu by this Court. Prima facie, the allegations highlighted in the communication of Shri C.K. Rajan dated 3-2-1993 were found to be serious requiring a per examination and an indepth study to ascertain the root causes of the evil that are said to have crept in the management and administration of the famous temple. In the order dated 12-2-1993, this Bench had briefly highlighted 23 aspects, which have been brought to our notice (see paragraph 4 of the Order). In paragraph 6 of the Order, this Bench stated thus:

(2.) The aforesaid order passed by us on 12-2-1993 was assailed in special leave petitions filed before the Supreme Court of India, by one of the members of the Guruvayur Devaswom Managing Committee and also by its Chairman. In I. A. No. 1 in S.L.P. (Civil).... /93 C.C. 20040, by order dated 26-3-1993, Their Lordships Mr. Justice Kuldip Singh and Mr. Justice Yogeshwar Dayal, while declining to interfere with the order passed by this Court, suggested the following guidelines for the consideration of this Court:

(3.) The Chairman of the Guruvayur Devaswom Managing Committee filed C.M.P. No. 10669 of 1993 to consider the maintainability of the original petition as a preliminary issue. Due to one reason or other, the matter stood adjourned and was finally heard on 4-8-1993. The State of Kerala also took up the plea that the original petition initiated on the basis of a letter is not maintainable. As directed by the Supreme Court, the matter was posted for hearing as a preliminary issue.