Point of Law: Guruvayur Devaswom – Administration of temple – Directions issued.

ORDER :

Anil K. Narendran, J.

By the proceedings dated 20.10.2021, the Registry was directed to initiate suo motu proceedings based on the letter dated 19.04.2021 of the 2nd respondent Administrator, Guruvayur Devaswom Managing Committee, addressed to the Registrar General of this Court, which pertains to the entry of the additional 7th respondent, a former Administrator of Guruvayur Devaswom Managing Committee, along with additional respondents 5 and 6, who are members of Guruvayur Devaswom Managing Committee, into the Nalambalam of Guruvayur Sree Krishna Temple, on 14.04.2021 at 2.30 a.m., in violation of Decision No.2 taken by the Managing Committee on 12.04.2021, imposing absolute restriction on entry of devotees.

2. On 09.11.2021, when this D.B.P. came up for consideration, the learned Standing Counsel for Guruvayur Devaswom Managing Committee took notice for respondents 1 and 2. The learned Senior Government Pleader took notice for respondents 3 and 4. Urgent notice by speed post was ordered to additional respondents 5 to 7. The learned Standing Counsel was directed to file affidavit of respondents 1 and 2 and the learned Senior Government Pleader was directed to file statement of respondents 3 and 4, before 07.12.2021.

3. On 07.12.2021, the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought further time to file the affidavit of the 2nd respondent Administrator. The learned counsel for additional respondents 5 and 6 and also the learned Senior Counsel for the additional 7th respondent sought one week's time to file affidavits. The learned Senior Counsel submitted that, on 14.04.2021, the additional 7th respondent entered into the Nalambalam of Guruvayur Sree Krishna Temple for Vishukani darshan, without knowing the decision taken by the Managing Committee, imposing restriction on entry of devotees.

4. By the order dated 07.12.2021, the 2nd respondent Administrator was directed to place on record, along with an affidavit, the norms prescribed by the Managing Committee for entry into the Nalambalam for Vishukani darshan and Nirmalya darshan, which was in force before the restrictions imposed in connection with Covid–19 pandemic, and also the norms currently in force. The 2nd respondent was also directed to bring to the notice of this Court the action, if any, taken on the entry of vehicle near the temple entrance in September, 2021, allegedly in the presence of three members of the Managing Committee, in connection with which three security personnel were placed under suspension. The learned Standing Counsel for Guruvayur Devaswom Managing Committee was directed to make available for the perusal of this Court the relevant files relating to the decision taken by the Managing Committee on the complaint dated 16.04.2021 made by the 2nd respondent Administrator before the 4th respondent Station House Officer, regarding the incident that occurred on 14.04.2021.

5. Additional respondents 5 and 6 have filed individual affidavits raising similar contentions, wherein it is stated that though they were informed over the phone, on 11.04.2021, about the meeting of the Managing Committee scheduled on 12.04.2021, due to some official commitments, they could not attend that meeting. The usual practice followed after every meeting of the Managing Committee is that, the decision taken thereon would be circulated for the information of all members through WhatsApp. However, no such information was given to additional respondents 5 and 6. Since they were not at Guruvayur, they did not notice the news item that appeared on 13.04.2021, regarding the restriction imposed on Vishukani darshan. On 14.04.2021, they reached Guruvayur and entered into the temple at 2.30 a.m. No staff in the temple prevented them from entering the Nalambalam. When they entered the Nalambalam, Smt.Breeja Kumari, the then Administrator was standing in front of 'Thrippadi', which is discernible from CCTV footage. Even when they met her, she did not raise