The main legal point established in the judgment is that the Guruvayur Devaswom Managing Committee (G.D.M.C) did not have the authority under the Guruvayur Devaswom Act 1978 to donate funds to the Chief Minister's Distress Relief Fund (C.M.D.R.F), and that the committee's role as a trustee in managing the Devaswom properties is bound by the provisions of the Act.

JUDGMENT :

Shircy V, J.

A devotee/worshipper of Lord Gurvayurappan preferred a Writ Petition as W.P(C)No.20495 of 2019 challenging the correctness and legality of certain administrative decisions of the Guruvayur Devaswom Managing Committee (for short 'G.D.M.C'). Some other writ petitions were also filed by different persons seeking similar reliefs. Taking note of the conflicting views in W.P(C)No.19035 of 2019 and in C.K Rajan's case (AIR 1994 Kerala 179) an order of reference was made by the Division Bench on 24.09.2019 for consideration by a Full Bench. The Full Bench treating W.P(C)No.20495 of 2019, as the leading case considered all the other writ petitions also seeking similar reliefs and answered the reference by a common order dated 18.12.2020. Feeling aggrieved and dissatisfied with the common order of the Full Bench in the writ petitions, the above review petitions are filed.

2. Heard Adv.M.R.Sreelatha, Spl.Government Pleader, for the review petitioners, Adv.T.K.Vipindas, Adv.M.A Abdul Hakkim, Adv.S.Sanal Kumar and Adv.R.Krishnaraj, the learned counsel for the respondents.

3. W.P(C) No.20495 of 2019 was filed by a devotee of Guruvayoor temple challenging certain administrative orders with a prayer to set aside the decision of 'G.D.M.C' to donate Rs.5 crores to the Chief Minister's Distress Relief Fund (C.M.D.R.F for short).

4. W.P.(C)No.19035 of 2019 was filed by a devotee of Guruvayurappan and a member of a Hindu Service organization registered under the Trust Act challenging the decision of G.D.M.C to donate Rs.5 crores to the C.M.D.R.F. The facts of the case would reveal that during the year 2018 there was an unprecedented heavy flood and landslides in Kerala causing havoc throughout the State and thousands of people have been evacuated from their residence and many people have lost their life and savings in the calamity. Then the G.D.M.C decided to contribute an amount of Rs. 5 crores to C.M.D.R.F to help and rehabilitate the needy and deserving people. The decision of the Committee was ratified by the Commissioner of Guruvayur Devaswom. The said decision was challenged by a devotee by filing the writ petition. It was dismissed by a Division Bench by a judgment dated 25.07.2019. While dismissing the writ petition the Division Bench observed in paragraph No.10 and 11 as follows:

“10. Section 27 thus deals with the authority of the Committee to incur expenditure for certain purposes. Going by the said provision, the Committee may, after making adequate provision for the purposes referred to in sub-section (2) of Section 21, incur expenditure out of the funds of the Devaswom on all or any of the purposes mentioned under Clauses (a) to (g) therein. The very caption of the Section, “Authority of Committee to incur expenditure for certain purposes” would prima facie indicate that the Section dealt with the authority to incur expenditures not exhaustively, but for certain purposes only. True that head-note cannot be conclusive and cannot be taken as determinative of the scope of power imbedded in an empowering provision in a statue. Certainly, in that regard, the contents of the relevant provision have to be analysed. But before that, one aspect has to be taken note of. Section 27, as already noted, deals with the authority of the Committee to incur expenditure for certain purposes and it is not a provision specifically prohibiting incurring of expenses for any other purpose. In such circumstances, if there is nothing in Clauses (a) to (g) in Section 27 of the Act indicating that the Committee got authority only to incur expenses in respect of the purposes very specifically mentioned under Clauses (a) to (g) thereunder, then the word 'certain purposes' used in the head-note of Section 27 can be taken as a clear indicative of the non-exhaustive nature of items/issues wherein the Committee can have authority to use the funds of the Devaswom. We may hasten to add that we are not indicating that the Committee is having power to d