K V NARAYANAN NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) By these writ petitions three persons as worshippers in the Sree Krishna Temple at Guruvayoor challenge the constitutional validity of the Guruvayoor Devaswom Act, 1978 (Act 14 of 1978). The petitioner in OP No. 7592 of 1984 is also the Vice President of the Kshethra Samrakshana Samithi, a society registered under the Societies Registration Act with objects inter alia to see that necessary measures are taken to ensure that the temples in Kerala are administered and managed in the interests of the worshippers.

(2.) The Sree Krishna Temple at Guruvayoor hallowed by legend and the memory of saints like Villwamangalam Swamiar (Leela Suka who wrote Sree Krishna Karnamritham), Melpathur, (the author of Narayaneeyam), Poonthanam, (who sang Gnanapana) and Kururamma. is unique in its importance to the devotees from all over India. The legend is that the idol, installed in the temple made of a rare stone "Pathala Anjanam" was presented by Lord Vishnu himself to Lord Brahma who, later on gave it for worship to his son Kashyapa Prajapathi. By subsequent events it came to the hands of Vasudeva, father of Lord Krishna and the idol was worshipped by Vasudeva and Lord Krishna himself. Lord Krishna at the time of his ascension to the Heavens instructed his foremost disciple Udhava to recover the idol that would be found floating on the surface of waters when Dwaraka would get submerged under the sea and to entrust the same to Brihaspathi, the Guru of the Devas, for its installation at a proper place for the benefit of devotees. Udhava recovered the vigraha as instructed and entrusted the same to Brihaspatbi. Brihaspathi, the guru with the help of Vayu installed the idol at an auspicious time and at a place found appropriate. Since the idol was installed by Guru and Vayu, the place itself came to be known as Guruvayoor. Renowned devotees like Villwamagalam, Melpathur, and others are reputed to have their life's mission realised by devotions offered to the deity at Guruvayoor. Millions of devotees throng to the temple throughout the year for worship and devotions. To many a devotee Guruvayoorappan is a divine personality bestowing benedictions and fulfilling their desires.

(3.) The hereditary trusteeship of the temple vests in the Zamorin Raja of Calicut and the Karanavan of the Mallisseri Illam. There were disputes between the Zamorin Raja and the Karanavan of the Illam regarding the Oorayma rights. The disputes were finally settled by judgment dated 1-11-1889 of the Madras High Court in AS No. 35 of 1887. The Madras Hindu Religious and Charitable Endowments Act, 1926 came into force on 8-2-1927. A scheme for administration of the temple and its properties was settled by the Hindu Religious Endowments Board under S.63(1) of the Act. As per the scheme the day-to-day management of the temple was entrusted to the Zamorin Raja subject to supervision by the Officers of the Board. The Board did not recognise the rights of the karanavan of the Mallisseri Illam for hereditary trusteeship of the temple. Hence he filed OS No. 1/1929 in the District Court of South Malabar under S.63 of the 1926 Act to amend the Scheme recognising his right to be a joint trustee with the Zamorin Raja. The worshippers at whose instance the Board had framed the Scheme also filed a suit, OS No. 2 of 1929, in the same Court contending that there was no sufficient safeguards in the Scheme for proper management of the temple and its properties and praying for the constitution of a Board of Trustees consisting also of three non hereditary trustees, from among the devotees. The District Court by judgment dated 25-10-1929 upheld the claim of the Karanavan of the Mallisseri Illam to be a joint trustee along with the Zamorin Raja and amended the Scheme making provision for joint management by the two hereditary trustees. The judgments in OS Nos 1 and 2 of 1929 are produced alone with the counter affidavit as Exts. R3(b) and R3(c). The Zamorin Raja of Calicut filed AS Nos 211 and 212 of 1930 before the High Court of Madras against the decision of the District Court. The appeals were disposed of by a common judgment dated 21-11-1930, produced along with the counter affidavit as Ext. R3 (b). The judgment affirmed the decision of the District Court in so far as it recognised the right of the Karanavan of the Mallisseri Illam to function as a joint hereditary trustee. The prayer for appointment of non hereditary trustees was rejected. A provision was however made for the issue of a public notice intimating the date and time of the opening of Bhandarams in the temple sufficiently in advance to enable the worshippers interested to be present and to ensure that the collections are properly accounted for. A group of worshippers thereafter filed OS No. 1 of 1933 before the District Court, South Malabar for a modification of the scheme and the District Court by judgment dated 10-9-1939 made certain modifications for more efficient administration and management of the temple and its properties. The temple and its properties were being managed and administered as per the provisions of the Scheme settled in OS Nos. 1 and 2 of 1929 as modified in OS No. 1 of 1933 at the time when the Constitution came into force. After the Madras Hindu Religious and Charitable Endowments Act, 1951 came into force on 30-9-1951, the Commissioner, H. R. & C. E. (Administration Department) filed OP. No. 3 of 1965 in the Court of the Subordinate Judge of Trichur under S.62(3)(a) of the Act for modification of the Scheme on lines indicated in a draft Scheme annexed thereto. During the pendency of OP. No. 3 of 1965 a major portion of the temple was destroyed by fire in 1970. A Commission appointed by the Government to enquire into the cause of the fire came to the conclusion that the accident was the result of prolonged neglect in the matter of maintenance and timely repairs. It was also found that the buildings and the temple were in total disrepair and required immediate attention. The report disclosed gross neglect on the part of those in charge of the administration and management of the temple. Apparently with a view to make provision for proper management and administration of the temple the State Legislature passed the Guruvayoor Devaswom Act, 1971 (Act 6 of 1971), (hereinafter referred to as the old Act') The validity of Act 6 of 1971 was challenged by the hereditary trustees in OP 812 of 1971 before this Court on the ground of violation of their fundamental rights under Art.19(1)(f), 25 and 26 of the Constitution. The writ petition was dismissed by a Full Bench of this Court as per the judgment in Kunhettan Thampuran v. State of Kerala reported in 1973 KLT 106 . Act 6 of 1974 was amended by Act 12 of 1972 with a view to make provision for the renovation of the temple. The validity of the Act as amended was challenged in OP No. 314 of 1973 on behalf of the denomination consisting of the Hindu public having faith in temple worship as violative of Art.14, 25 and 26 of the Constitution. The writ petition was in a representative capacity on permission granted by this Court under O.1 R.8, CPC. to the petitioner therein to represent the denomination. A Full Bench of five Judges of this Court found the operative provisions of Act 6 of 1971 unconstitutional and void and the entire Act was struck down as per the decision in Krishnan v. Guruvayoor Devaswom reported in 1979 KLT 350 . The Governor of Kerala immediately thereafter promulgated the Guruvayoor Devaswom Ordinance No. 25 of 1977. It was later replaced by Act 14 of 1978 (hereinafter referred to as the new Act). The new Act purports to cure the infirmities in the old Act pointed out by the Full Bench in its judgment reported in 1979 KLT 350.