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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
R.V. Babu V. K. Viswanathan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Anil K. Narendran, J.
The petitioners in these writ petitions are the devotees of Guruvayur Sree Krishna Temple, which is under the management of Guruvayur Devaswom Managing Committee constituted under the Guruvayur Devaswom Act, 1978. W.P.(C)No.33516 of 2023 is one filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 order dated 17.07.2023 of the 5th respondent Commissioner, Guruvayur Devaswom, granting permission for constructing a railway underpass as access for Thiruvenkidom Temple, which is a temple under the management of Thirupathi Thirumala Devaswom. The petitioner has also sought for other consequential reliefs in the said writ petition. In W.P.(C)No. 35459 of 2023 the petitioner has sought for a writ of certiorari to quash Ext.P8 decision No.71 dated 28.04.2023 of the 3rd respondent Guruvayur Devaswom Managing Committee and Ext.P13 order dated 17.07.2023 of the 2nd respondent Commissioner, Guruvayur Devaswom [which is Ext.P1 in W.P.(C)No.33516 of 2023]. The petitioner has also sought for other consequential reliefs.
2. On 12.10.2023, when W.P.(C)No.33516 of 2023, came up for admission, the learned Senior Government Ple
The court upheld the approval of an alternative railway underpass alignment that does not affect temple land, emphasizing the limited scope of judicial intervention in administrative decisions.
Writ jurisdiction under Article 226 cannot adjudicate civil rights involving factual disputes; religious authority of the Tantri in Guruvayur Temple is final unless statutory provisions are violated.
As per Rule 6, Committee shall not alter or cause to alter performance of customary rites and ceremonies in temple.
If it is found that particular project or particular alignment is ex facie contrary to mandate of law or tainted with mala fides.
The court affirmed that the Tantri's decision is final in religious matters, allowing the Guruvayoor Devaswom Managing Committee to shift the 'Illam Nira' ceremony venue without violating statutory p....
The court ruled that the Udayasthamana Pooja's status as a religious practice must be established in civil court, and the Managing Committee's decisions regarding rituals are not subject to judicial ....
The Guruvayur Devaswom Managing Committee must adhere to statutory procedures for auctioning properties as per Section 11 of the Guruvayur Devaswom Act, ensuring public interest and allowing for obje....
The court emphasized that when effective statutory remedies exist, invoking writ jurisdiction is unwarranted, recognizing the need for communal harmony while permitting a traditional temple processio....
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