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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Hariprasad, Anu Sivaraman, M. R. Anitha, JJ.
Bijesh Kumar M. – Petitioners
Versus
State of Kerala and Others - Respondents
Case No. W. P. (C) No. 20495 of 2019, 9765, 9780, 9800, 9802, 9805, 9808, 9887, 9888, 9904, 10169 of 2020
Decided On : 18-12-2020
Guruvayur Devaswom Act, 1978-Section 3, Section 4, Section 27(c), Section 63, G.D.M.C. cannot delegate its powers, functions and duties under the Act of 1978 to the State Government or any other entity- The Administrator and the Commissioner shall also function within the frame work of the statute-Scope of S.27(c) cannot be widened so as to provide medical relief, water supply and other sanitary arrangements as contemplated under the impugned decisions/orders.
Statement of facts:
Writ petitioner challenged the procedure for election of the members to the managing committee of Guruvayur Devaswom, which according to S.4 of the Act of 1978 has to be done by Hindus among the Council of Ministers of the State of Kerala. The matter initially came up before a Division Bench and on finding that the field is covered by the decisions of a Larger Bench and Full Benches of this Court, the Division Bench felt that the matter required an elaborate consideration by a Larger Bench comprising of five learned Judges.
Finding of the court:
• All the properties, including movable and immovable properties and money, dedicated to or endowed in the name of Lord Guruvayurappan or any property acquired in any manner by Guruvayur Devaswom shall vest in the idol of Lord Guruvayurappan, consecrated in Sree Krishna Temple, Guruvayur.
• G.D.M.C. constituted under S.3 of the Act of 1978 is legally bound to administer, control and manage all the properties belonging to Guruvayur Devaswom in accordance with the provisions of the said Act. The Administrator and the Commissioner shall also function within the frame work of the statute.
• The legal status of G.D.M.C. constituted under S.3 of the Act of 1978 is that of a trustee in management of the Devaswom properties and the Committee is duty bound to scrupulously follow the stipulations contained in the Act of 1978. Unless a contrary intention, either expressly or by necessary implication, arises from the provisions of the statute in any particular subject or context, G.D.M.C. is legally bound to administer and manage the Devaswom and its properties in accordance with the settled legal principles relating to the administration of Hindu Religious Trusts.
• G.D.M.C., being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. In view of the settled legal principles that the trustees cannot delegate their powers and duties to any other person, we hold that G.D.M.C. cannot delegate its powers, functions and duties under the Act of 1978 to the State Government or any other entity.
• None of the provisions in the Act of 1978, including S.27, authorises G.D.M.C. or the Administrator or the Commissioner to contribute or part with or give away in any manner any amount from the funds belonging to Guruvayur Devaswom, either to C.M.D.R.F. or to any other Governmental agency, for any purpose specified under the Act of 1978, including S.27 of the Act, since it is the non - negotiable obligation of G.D.M.C., as a trustee, to perform the duties and obligations enumerated therein all by itself or, in an exigency, directly under its supervision and control through other means.
• S.27(c) of the Act of 1978 relating to medical relief, water supply and other sanitary arrangements for the worshippers and pilgrims cannot be read and understood detached from that part in the clause relating to the construction of buildings for the accommodation of worshippers and pilgrims. Scope of S.27(c) cannot be widened so as to provide medical relief, water supply and other sanitary arrangements as contemplated under the impugned decisions/orders.
• View adopted by the Division Bench in W. P. (C) No. 19035 of 2019 on S.27 of the Act of 1978 is legally unsound and unsustainable. We overrule the decision.(VIII) The Registry shall post all the Writ Petitions for hearing and disposal in accordance with the roster.
Result: Post all the Writ Petitions for hearing and disposal in accordance with the roster.
ORDER :
A. Hariprasad, J.
1. Prologue
An order of reference made by a Division Bench on 24/09/2019 requesting the Honourable Chief Justice to place the entire files in W. P. (C) No. 20495 of 2019 for the consideration of a Full Bench and similar orders subsequently passed by another Division Bench resulted in boarding the captioned cases before us for determination of the questions raised. Individuals, who claim to be devotees/worshippers of Lord Guruvayurappan, the presiding deity in Sree Krishna Temple, Guruvayur, in their personal right and as the representatives of some religious organizations have challenged certain administrative decisions taken by Guruvayur Devaswom Managing Committee ("G.D.M.C.", for short) set up under the provisions of the Guruvayur Devaswom Act, 1978 ("Act of 1978", for short). Learned Judges constituting the Division Benches noticed apparent conflicts between the views taken in W. P. (C) No. 19035 of 2019 and C. K. Rajan v. State of Kerala (AIR 1994 Ker 179). According to the orders of reference, an authoritative pronouncement about the legal implication of certain provisions in the Act of 1978, especially S.27, is essential to determine the correctness and legality of the decision taken by G.D.M.C. and approved by Guruvayur Devaswom Commissioner ("Commissioner", for short) to donate a certain sum of money to the Chief Minister's Distress Relief Fund ("C.M.D.R.F.", for short). Views taken in this regard in C. K. Rajan's case and W. P. (C) No. 19035 of 2019 are in conflict with one another. W. P. (C) No. 20495 of 2019 is taken as the leading case since the first order of reference happened to be passed therein. Parties are referred to in the ranks shown in the leading case.
Legend about the temple
2. Ardent devotees of Lord Guruvayoorappan worship the idol as an image of Sree Krishnan, an incarnation of Lord Maha Vishnu. The idol consecrated in the temple is believed to be made of a rare stone (Pathala Anjanam) and it is presented by Lord Vishnu himself to Lord Bhrahma, who later handed over the idol for worship to his son Kaisyapa Prajapathi. Later it came to the hands of Vasudeva, father of Lord Sree Krishnan. The idol was worshipped by Vasudeva and Lord Sree Krishnan himself. Lord Sree Krishnan instructed his foremost disciple Udhava at the time of swargarohanam (ascension to the heaven) to recover the idol that could be found floating on the surface of water at the time when Dwaraka submerged under the sea. Lord Sree Krishnan also instructed him to entrust it to Saint Bhrihaspathi, Guru or preceptor of Devas, for its consecration at the most appropriate place for the benefit of devotees. Guru Bhrihaspathi, with the help of Vayu (God of wind), installed the idol at the appropriate place and at an auspicious time. Since then the place itself came to be known as Guruvayur, because of the consecration of the idol by Guru Bhrihaspathi and Vayu together. Renowned devotees, like Vilwamangalam Swamiyar, Melpathoor Narayana Bhattathirippad, Poonthanam, Kurooramma, et al. believed to have obtained salvation on account of their unalloyed devotion, faith and deference to Lord Guruvayurappan. Millions of devotees across the length and breadth of the country, and even abroad, worship Lord Guruvayurappan with utmost devotion and piety.
3. It is admitted by all the sides that the Uraima (hereditary trusteeship) right over the temple was hereditarily vested jointly in the Zamorin Raja of Kozhikode and the Karanavan (eldest male member) for the time being in Mallisseri lllom at Guruvayur. Learned author P. R. Sundara Aiyar in his treatise "Malabar & Aliyasanthana Law" defines "Uralan" as a trustee of temple in Malabar. High Court of Madras in its judgment dated 01/11/1889 in Appeal No. 35 of 1887 declared the joint Uraimaship (joint trusteeship) vested in Zamorin Raja and karanavan of Mallisseri lllom. In the year
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