KODAKKATTU CHERIYA KRISHNAN NAMBOOTHIRI Vs. GURUVAYOOR DEWASWOM

JUDGEMENT

(1.) Petitioners are Keezhsanthis (Assistant Santhis) in the Sreekrishna Temple, at Guruvayur. They were suspended from service pending enquiry as per Ext. P1 order passed by the Administrator of the Guruvayur Devaswom. They challenge Ext. P1 and seek to quash the same by issuance of a writ of certiorari or other appropriate writ or direction and for a declaration that the traditional and hereditary rights enjoyed by them cannot be deprived or denied either by the Guruvayur Devaswom Managing Committee or by the Administrator in terms of the provisions of the Guruvayur Devaswom Act. They also seek for a declaration that the order of suspension is patently violative of Articles 14, 21 and 25 of the Constitution of India.

(2.) The order of suspension happened to be issued when one of the devotees complained to the Administrator of the Guruvayur Devaswom that a cigarette butt was found in the 'Appam' which is a Nivedyam offered to the deity and distributed as prasadam. Petitioners being in charge of preparing the 'Appam' offered to the deity on the day of the incident, they were kept under suspension pending further enquiry.

(3.) According to the petitioners, the right of Keezhsanthis is a hereditary right conferred on thirteen Namboothiri Illoms and the work relating to such Keezhsanthis in Guruvayur Temple is being attended to by an internal arrangement among the families. Petitioners, while working as Keezhsanthis, were served with an order of suspension Ext. P1, which according to them, is beyond the jurisdiction of the administrative authorities. According to them, they were in charge of preparation of 'Appam' to be offered to the deity as Nivedyam which is religious in character and not secular. Their being Keezhsanthis in the temple is not by way of any appointment by the managing committee; but by virtue of hereditary right and as such there is no employer employee relationship between them and the management and that they are not paid any salary but only certain customary considerations are given to them. Their duties as Keezhsanthis include preparation of Nivedyam, attending to cleaning of Sreekoil, helping Thanthri Othikkans and Melsanthi as Parikarmees, performance of the Seeveli Ezhunnellippu, conduct of Tripula, Chandrana aravu, Kalabham Koottal, performance of daily poojas in the temples of Upadevas namely, Ganapathi, Sastha and Bhagavathi and distribution of Prasadom. The thirteen Illoms who have been granted such hereditary right were together entitled for a sum of Rs.770.50 per month. The other remunerations they are entitled to are 'Koonu' for Nivedyam preparations, wages for Chandana aravu and Kalabham Koottal and daily pay of Rs.1.50 for poojas in the subsidiary temples. Besides, they get Nivedyam rice as well as Mura Enna and the women members of their Illoms get Koppu for Udayastahamana pooja etc. Any male member of the above said thirteen Illoms completing samavarthanam attains competency to attend to the work in the temple and members are given 1/4 Naraya Nivedyam rice both in the forenoon as well as in the night. In addition to that the Keezhsanthis are given 'Koorii pattika' which represents a percentage of Nivedyam. It is their contention that under S.34 of the Guruvayur Devaswom Act, such honour of becoming a Keezhsanthi or receiving remuneration or perquisites by them cannot be interfered with by the Devaswom and the regulations framed under S.39 of the Guruvayur Devaswom Act will not apply to Keezhsanthis who are performing hereditary rights, honour etc. after receiving perquisites since they are not employees covered by the above said Regulations. If at all there is any fault or flaw in their performance as Keezhsanthis, the only remedy is to make them to do 'Prayachitham' (Atonement) as ordered by the Thanthri and there is no provision to stop their rights or the perquisites enjoyed by them. Thus, according to the petitioners, the Devaswom have no jurisdiction to interfere with such hereditary right and the order of suspension issued, as though they are employees, is lacking jurisdiction. The duties performed by them as Keezhsanthis are religious in nature and the flaw, if any, for preparation of prasadam can only be remedied by 'Prayachitham' as ordered by the Thanthri and not otherwise. It is also contended by them that before issuing Ext. P1 order, they were not heard in the matter and any disciplinary action taken cannot be sustained since such order of suspension could be issued only in appropriate cases where there is possibility of them being meddled with any evidence that may be gathered or collected.