K MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This public interest litigation has been filed seeking a writ of certiorari calling for the decision dated 26-7-2007 of Guruvayoor Devaswom Managing committee permitting women to enter the Sree Guruvayoor Temple by wearing churidar instead of the traditional sari and to quash the same and also for a direction to the Guruvayoor Devaswom Managing committee not to implement its decision dated 26-7-2007 permitting women to enter the Sree Guruvayoorappan Temple by wearing churidar instead of the traditional sari and also for other consequential reliefs.

(2.) Petitioner submits that the permission granted by the Committee violates Sections 10, 35 (1) and 35 (2) of the Guruvayoor devaswom Act, 1978 and Chapter IV, Rule 6 of the Guruvayoor Devaswom Rules, 1980. Counsel submits that under Section 35 (1) of the Act a Committee or the Commissioner or the Government shall not interfere with the religious or spiritual matters pertaining to the Devaswom. Section 35 (2) of the Act says that the decision of the Thantri of the temple on all religious, spiritual, ritual or ceremonial matters pertaining to the devaswom shall be final, unless such decision violates any provision contained in any law or the time being in force. Petitioner submits that it is the custom of the temple that the devotees are not permitted to enter the temple wearing shirt, banyan, pyjama, lungi, chequered clothes, chapels etc. Women are allowed to go inside the Sree Krishna Temple only in saries and all the devotees have to enter the temple with an absolute sense of devotion. Counsel submits that the said custom with respect to the dress code is being followed from time immemorial and the said custom would fall under the term "customary rite" of the temple and hence the committee has no power to alter the performance of such rites and ceremonies in view of Rule 6 of the Guruvayoor Devaswom Rules, 1980.

(3.) Section 10 of the Guruvayoor devaswom Act, 1978 deals with the duties of the Committee. Clause (a) of Section 10 stipulates that subject to the provisions of the Act and the rules it shall be the duties 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 also to provide facilities for the proper performance of worship by the worshippers and to ensure the safe custody of the funds, valuable securities and jewelleries and the preservation and management of the properties vested in the temple etc. Contention was raised that such powers can be exercised by the Committee only subject to custom and usage in the temple. Rule 6 of the Guruvayoor Devaswom rules also says that the Committee shall not alter or cause to alter the performance of customary rites and ceremonies in the temple. Petitioner submits that wearing of sari by a devotee is a customary rite and therefore the Committee has no power to impose restriction on that custom, resultantly petitioner submits that a devotee cannot come to the temple by wearing churidar but only sari.