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2023 Supreme(Ker) 308

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
Suo Motu – Appellant
Versus
The Administrative Officer Guruvayoor Devaswom Board – Respondent
DBP No. 17 Of 2021
Decided on : 20-03-2023

Advocates:
Advocate Appeared:
SRI.T.K.VIPINDAS, SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER SRI.G.HARIKUMAR (GOPINATHAN NAIR) SRI.S.RAMESH BABU, SR.ADVOCATE

Point of law: Provisions under Section 17 of the Act and Rule 3 of Rules, any direction issued by Managing Committee to Administrator shall be lawful.

Headnote:

Guruvayur Devaswom Act, 1978 – Section 3, 4, 9, 10, 14, 35 – Madras Hindu Religious and Charitable Endowments Act, 1951 - Section 51 - Motor Vehicles Act, 1988 - Section 198A - Incorporation - Administration, control and management of Devaswom - Composition of Guruvayur Devaswom Managing Committee - remuneration of Chairman and members - Duties of Committee - Whether there was violation of Covid-19 protocol in conduct of marriage of 8th respondent’s son, in Kalyanamandapam in Nadappanthal in front of Guruvayur Sree Krishna Temple - A ‘worshipper’, who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to practice and tradition in Guruvayur Sree Krishna Temple. (Para 43).

Finding of the Court :

Respondent was permitted to conduct marriage of his son in Kalyanamandapam in the Nadappanthal in front of Guruvayur Temple, openly flouting restriction imposed in connection with Covid-19 pandemic, with active connivance of the then Managing Committee of Guruvayur Devaswom. Vehicle carrying 8th respondent Ravi Pillai and cine actor Mohanlal was permitted entry through Nadappanthal, upto Bhagavathy Temple, in presence of Sri.K.V. Shaji, a member of then Managing Committee, who was arrayed as 5th respondent

Result: DBP is disposed of

ORDER :

Anil K. Narendran, J.

This suo motu proceedings was registered on 06.09.2021, based on a news item that appeared in an online media regarding certain activities undertaken in the Nadappanthal in front of Guruvayur Sree Krishna Temple, in connection with the wedding of the son of an industrialist, Sri.Ravi Pillai, which was scheduled to be held on 09.09.2021. As per the photographs in that online media report, huge cut-outs, branches of trees, etc., are used for decorating the Nadappanthal in front of Guruvayur Sree Krishna Temple. On 06.09.2021, at 4.00 p.m., the learned Standing Counsel for Guruvayur Devaswom Managing Committee (hereinafter referred to as ‘the Managing Committee’), on instructions, submitted that the cut-outs, branches of trees, etc., used for decorating the Nadappanthal in front of the temple have already been removed. The learned Standing Counsel made available for the perusal of this Court two photographs of the Nadappanthal taken at 3.15 p.m. and sought time to get instructions on the permission, if any, granted in connection with the marriage in question, to decorate the Nadappanthal in front of the temple.

2. On 07.09.2021, when this DBP came up for consideration, the learned Standing Counsel for the Managing Committee submitted that the Committee has taken a decision on 12.02.2021 to permit Pushpalankaaram in the Nadappanthal, in connection with the marriage in question. No permission was granted for decorating the Nadappanthal with cut-outs, branches of trees, etc. Everyday 110 marriages are being conducted in the Nadappanthal in front of Guruvayur Sree Krishna Temple, in strict compliance of Covid-19 protocol. Each marriage party is permitted to have only 12 persons (excluding the bride and the bridegroom). By the order dated 07.09.2021, this Court directed the 1st respondent Administrator of Guruvayur Devaswom to file an affidavit explaining the facts and circumstances in which the Nadappanthal in front of the temple was decorated with huge cut-outs, branches of trees, etc., as seen from the photographs in the online media report. By the said order, the Administrator was directed to take necessary steps to ensure that there is no violation of Covid-19 protocol in the conduct of marriages in the Nadappanthal in front of Guruvayur Sree Krishna Temple.

3. On 09.09.2021, after the marriage ceremony, news items with video appeared in online media, as per which the marriage ceremony conducted at the Nadappanthal in front of Guruvayur Sree Krishna Temple was attended by persons far in excess of 12 (excluding the bride and the bridegroom). Instead of Pushpalankaaram the Nadappanthal was decorated mainly with ornamental leaves and decorative hangings, with few flowers.

4. On 14.09.2021, when this DBP came up for consideration, the 1st respondent Administrator filed an affidavit dated 10.09.2021, wherein it is stated that, Sri.Ravi Pillai submitted Ext.R1(a) request before the Managing Committee, on 22.01.2021, to permit him to perform Pushpalankaaram of the temple premises, including Nadappanthal and Kalyanamandapam on 09.09.2021, in connection with the marriage of his son, Sri.Ganesh Pillai, as an offering to Lord Guruvayoorappan. Since similar requests have been allowed in the past several years, the Managing Committee allowed that request, as per Ext.R1(b) Resolution No.18 dated 12.02.2021. Sri.Ravi Pillai entrusted the work to an event management group and preliminary works commenced on Saturday (04.09.2021) night. On Sunday (05.09.2021) early morning it was noticed that some additional works have been done by the workers in the Nadappanthal. Immediately the work was stopped. Since the additional works were found to be objectionable, the workers were immediately instructed to dismantle the same as only Pushpalankaaram is permitted. The workers and the person-in-charge expressed their regret and re

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