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2023 Supreme(Online)(KER) 475
HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
SUNILKUMAR T.V – Appellant
Versus
STATE OF KERALA [CORRECTED] – Respondent
WP(C) 23584/2023
ADV RAJIT, SRI S.RAJMOHAN - SR GOVERNMENT PLEADER, SRI T.K. VIPINDAS - STANDING COUNSEL - GURUVAYUR DEVASWOM MANAGING COMMITTEE
Koymas are prohibited from collecting Dakshina during rituals, enforcing accountability and compliance with legal regulations in temple practices.
Headnote:
Dakshina - Worship Practices - Guruvayur Devaswom Act Section 25 - The court enforced a prohibition on collecting Dakshina by Koymas during temple rituals, emphasizing compliance with prior directives and the need for accountability in temple finances.
Fact of the Case:
The petitioner challenged the collection of Dakshina by temple employees during rituals in Guruvayur Sree Krishna Temple, claiming exploitation of devotees and non-compliance with previous court orders banning such practices.
Issues: Whether Koymas can collect Dakshina during temple rituals and if the Guruvayur Devaswom is effectively enforcing a ban on such practices.
Ratio Decidendi: The interpretation of 'Dakshina' and its permissibility under temple regulations was clarified. The court stressed the importance of compliance and accountability in religious practices managed by the Devaswom.
Final Decision: Writ petition disposed directing Guruvayur Devaswom to strictly enforce prohibition on Dakshina collection by Koymas.
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Lord Guruvayoorappan of Guruvayur Sree Krishna Temple, which is under the management of the 2nd respondent Guruvayur Devaswom Managing Committee, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to ensure that no Dakshina is collected by any person while performing the marriage ceremony, choroonnu and vahana pooja in Guruvayur Sree Krishna Temple. The petitioner has also sought for a writ of mandamus commanding the respondents to ensure that the directions contained in Ext.P1 order of this Court dated 12.08.2022 are complied with in letter and spirit in all the activities in Guruvayur Devaswom; and also a writ of mandamus commanding the respondents to ensure that all amounts given as Dakshina to the persons conducting marriage ceremony, choroonnu and vahana pooja, are accounted towards the income of Guruvayur Devaswom and subjected to audit.
2. In the writ petition it is alleged that in Guruvayur Sree Krishna Temple the devotees are exploited by the employees and other stakeholders by demanding and collecting Dakshina in connection with various vazhipadu like choroonnu, vahana pooja, marriage, etc. Though this Court in Ext.P1 order in DBP No.18 of 2022 stopped the practice of exploitation of devotees while conducting thulabharam vazhipadu and held that neither the kuthaka holder nor the person engaged by him to conduct thulabharam vazhipadu can accept any money from the devotees as Dakshina and directed Guruvayur Devaswom to install CCTV cameras to ensure that Dakshina is not being collected in the thulabharam counters, no action is taken by the Guruvayur Devaswom to ensure that such practices are stopped.
3. On 20.07.2023, when this writ petition came up for admission, the learned Senior Government Pleader and the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought time to get instructions. The petitioner was directed to file an application to implead the concerned officer in the Local Fund Audit, who is dealing with Guruvayur Devaswom Audit.
4. On 27.07.2023, I.A.No.1 of 2023 was filed for impleading the Tantri of Guruvayur Sree Krishna Temple; the Director, Local Fund Audit Department; and the Deputy Director in charge of Guruvayur Devaswom Audit, as additional respondents 5 to 7. That application was allowed and the learned Senior Government Pleader and the learned Standing counsel for Guruvayur Devaswom Managing Committee sought time to get instructions.
5. A counter affidavit dated 22.08.2023 has been filed on behalf of the 1st respondent by the additional 7th respondent Deputy Director, Kerala State Local Fund Audit, Guruvayur Devaswom Audit. Paragraphs 3 to 7 of that counter affidavit reads thus;
“3. It is submitted that as per Rule 17 of Guruvayur Devaswom Rule 1980, the Audit of accounts of Guruvayur Devaswom shall be conducted by the Examiner of Local Fund Accounts (Now re-designated as the Director of Kerala State Audit Department). As per section 18 of Kerala Local Fund Audit Act , 1994, the Senior Deputy Director of Guruvayur Devaswom Audit Office is authorised by the Director to conduct Audit of accounts of Guruvayur Devaswom. Vide section 25 of the Guruvayur Devaswom Act , 1978, 'Auditor shall specify in the report all cases of irregular, illegal or improper expenditure or failure to recover money or other property due to Devaswom or of loss or waste of money or other property there of, caused by neglect or misconduct of authority and to issue Audit Report to the Guruvayur Devaswom Commissioner'.
4. The petitioner, Sunil Kumar T.V. has filed the writ to bring to notice the exploitation of devotees by the employees and other stakeholders in demanding and collecting 'Dakshinas' for carrying out various auspicious services like Choroonu, Vahanapooja, marriage etc. without any accounting. The petitioner has also requested that the order of the Honourabl
