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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
P.C Hary, S/o Late Parameswaran Namboodirippad – Appellant
Versus
Guruvayoor Devaswom Managing Committee – Respondent
WP(C) No. 39434 of 2024
Decided on : 07-12-2024
(A) Guruvayur Devaswom Act, 1978 - Sections 10(a), 34, and 35(2) - Writ petition seeking mandamus for conducting Udayasthamana Pooja on Vrishchikam Ekadasi - Petitioners contend that the Udayasthamana Pooja is an age-old religious practice that cannot be altered - The court held that the question of whether the Udayasthamana Pooja is a temple Acharam or tradition must be established before a competent civil court, and the petitioners cannot agitate this matter in a writ petition under Article 226. (Paras 33-45)
(B) Religious Practices - The court emphasized that the Managing Committee's decision regarding the Udayasthamana Pooja is not a matter for judicial intervention unless it affects secular or civil rights. (Paras 30-32)
Facts of the case:
The petitioners sought to prevent the Guruvayur Devaswom Managing Committee from altering the traditional Udayasthamana Pooja on the significant day of Vrishchikam Ekadasi, claiming it is a vital religious practice.
Findings of Court:
The court found that the issue of the Udayasthamana Pooja's status as a ritual or offering is a disputed question of fact that cannot be resolved in this writ petition.
Issues: The main issue was whether the Udayasthamana Pooja is an established religious practice that can be altered by the Managing Committee.
Ratio Decidendi: The court ruled that the performance of Udayasthamana Pooja on the specified day is a matter of religious custom that must be established in a civil court, and the Managing Committee's decisions regarding rituals are not subject to judicial review unless they infringe on civil rights.
Result: Writ petition dismissed.
JUDGMENT :
Anil K. Narendran, J.
The petitioners, who are members of Puzhakkara Chennas Mana, the Tantri Family of Guruvayur Sree Krishna Temple, have filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3, namely, the 1st respondent Guruvayur Devaswom Managing Committee, the 2nd respondent Administrator and the 3rd respondent Tantri to ensure the conduct of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day of 1200ME (11.12.2024). The petitioners have also sought for a writ of mandamus commanding the respondents to ensure that the religious custom, rituals, traditional rites, ceremonies, poojas, practice and usage in Guruvayur Sree Krishna Temple is not altered or caused to be altered and if any change is necessary the same can be effected only after conducting Ashtamangalya Prasnam in the traditional manner.
2. In the writ petition, it is stated that Guruvayur Ekadasi is one of the most important annual festivals observed in Guruvayur Sree Krishna Temple on the Shuklapaksham (full moon) day in Vrishchikam. It is believed that Lord Krishna advised Bhagavath Gita to Arjuna on this auspicious day. The historical visit of Adi Sankaracharya in the temple was on this day. Udayasthamana Pooja is the most important special pooja performed to the deity on this auspicious day. The Nalambalam of the temple will be decorated with lamps on this auspicious day. Prior to Guruvayur Vrishchikam Ekadasi, Ekadasi Vilakku will be observed for a continuous period of thirty days. According to the petitioners, respondents 1 to 3 have decided not to perform Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day of 1200ME (11.12.2024).
2.1. The petitioners would contend that the 3rd respondent Tantri has no right to alter any pooja or custom prevailing in Guruvayur Sree Krishna Temple and take a decision not to conduct Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day. The non-performance of Udayasthamana Pooja on that auspicious day is a bad omen and is against the established religious custom, rituals and usage in Guruvayur Sree Krishna Temple. Under Section 35(2) of the Guruvayur Devaswom Act, 1978 the decision of the Tantri shall not violate any provision in any law in force. Section 34 of the said Act save and honour the custom and established usage prevailing in Guruvayur Sree Krishna Temple. As per Ext.P4 Prashnacharthu of the Ashtamangalya Prasnam conducted on 11.05.2015 and Ext.P5 Prashnacharthu of the Ashtamangalya Prasnam conducted on 26.09.2018, in which more than seven Astrologers participated, which were conducted openly within the temple premises in the presence of the Ooralan, the devotees, the temple employees, etc., the existing custom and rituals should be followed in the temple.
2.2. The petitioners would contend that in view of the provisions contained in Article 13 of the Constitution of India, any custom or usage which is in existence in pre-constitutional days cannot be changed on deviated if the same does not violate human rights, dignity, social equity and the specific mandate of the constitution and the law made by the Parliament. The customary law will prevail over the statutory law where the legislation is silent on the issue in question. Guruvayur Sree Krishna Temple is to be administered following the established usage in regard to any matter, in view of the provisions under Section 10(a) of the Act, and the Managing Committee shall exercise its duties subject to the custom and usage in the temple to arrange for the proper performance of the rites and ceremonies. Under Rule 6 of the Guruvayur Devaswom Rules, the Committee shall not alter or cause to alter the performance of customary rites and ceremonies in the temple. Therefore, the age-old custom and usage followed in Guruvayur Sree Krishna Temple cannot be altered by the 3
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