Judges : BALAKRISHNA MENON,BHASKARAN NAMBIAR,VARGHESE KALLIATH
NARAYANAN NAMBOODIRI - Appellant
Versus
STATE OF KERALA - Respondent
Case No : O.P. No. 6392 of 1981. 7572 of 1984
Decided On : 03/25/1985
Advocates Appeared :
V. Sankara Raja; Govind Bharathan; For Petitioners T.R.G. Warrier; K.P. Dandapani; D.N. Poti; S. Narayanan Poti; For Respondents
Balakrishna Menon, J.:
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 Kshetra Samrakshana Saroithi, 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 Karnamntham), Melpathur, (the author of Narayaneeyam), Poonthanam, (who sang Gnanapana) and Kururarnma, 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 sod 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 Brihaspatbi, 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 Brihaspathi. 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 Villwamagalaro, Melpathur, and others are reputed to have sheir 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 devine 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 fllam regarding the Oorayma rights. The disputes were finally settled by judgment dated 1-11-1889 of the Madras High Court in A. S. No. 35 of i'887. The Madras Hindu Religious and Charitable Endowments Act. 1926 came into force on 8-2-1927. 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 Illant 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 along with the counter affidavit as Exts. R3(b) and R3(c). The Zamorin Raja
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