SUO MOTU v. STATE OF KERALA

the pilgrims, ie from 9 am to 10.15 am, the first 5 poojas are conducted. From 10.15 am to 10.45 am darsan was permitted. Again from 10.45 am to 12.00 pm poojas were conducted. Again darshan was permitted for half an hour. Thereafter "Palabhishekam"&"Navakam" was conducted and thereafter "Pantheerady Pooja" was conducted. During "Palabhishekam"& "Navakam", all the ornaments and the decorations on the diety is removed and therefore the pilgrims do not prefer to have darsan during that period. Therefore pilgrims deliberately slowdown the queue to avoid having darsan during "Palabhishekam Navakam". On this DBP No.132 of 2023 4 particular day from morning 4 am to 5 am, the queue was arranged for senior citizens and local pilgrims. From 5am to 6am it was opened for the public.During this period devadarshanam was permitted. Still these queues went upto 7 am. After the "Sheeveli", for one hour queue for public was permitted, in the special queue ayyappa devotes and Sabarimala pilgrims were also arranged. The general queue reached up to the main road even during early in the morning. On account of all the above said poojas, only a fraction the aforesaid queue could be permitted inside the temple. For the ’Ekadasi day’ from morning 3 am to noon 3 pm (for 12 hours), only 7 hours is available for darsan. Out of that 2 hours were set apart for senior citizens, disabled persons and local persons and for the remaining 5 hours on account of udayssthamaa pooja in the intermitted darsan could be permitted. After 2.30 pm, after the Uchapooja, again ’Sheeveli’ was conducted. So the restrictions upto 2 pm had extended upto 4 pm. Accordingly Neyvilakku darsan was also stopped. It is only after all these arrangements could made that the general public queue could move more smoothly.

4. It is submitted that to add to the difficulties the devotes who enter the ’chuttambalam’, remain in the ’chuttambalam’ and refused to move out of temple premises even after having darsan. The crowd have to be managed within the available space so as to avoid any stampede or any untoward incidents which would cause injuries to pilgrims. The Devaswom employees had to make repeated request to the dvotees to leave the Nalambalam after darsan. But certain devotees refused to move and they were adamant that they would not move. Even the movement of elephant for the DBP No.132 of 2023 5 'Sheeveli’ couldn't be conducted smoothly because of the overcrowding of the people in the chuttambalam. Some devotees, not thinking about other devotees consumed more time at a darshan point without moving and refusing to move even after normal darshan.

5. It is submitted that despite the best efforts of the security guards of the Devaswom, certain section of devotees were forcing themselves into the temple so as to even cause injury to themselves and other devotees. This attitude of the certain devotees is evident in the CCTV footage. From the visuals from the CCTV footage, it is clear that the Devaswom Administrator, Deputy Administrator, Temple manager, and other officers and employees of Devaswom had tried their best to control the queue. From the CCTV footages, it could be evident that the allegation of the complainant that the officials of the Devaswom was not present is false. The Devaswom officials was among the crowd controlling the crowd and that is the reason why they were not seen in the space where they were usually seen in normal days.

6. When it was noticed that the queue of the pilgrims was getting lengthier, the Administrator, Assistant Commissioner of police, CI of police, SI of police had personally intervened and cleared all vehicles parked in MLCP complex (Multi level car parking) in order to ensure that the devotees standing in the queue would have shelter to wait in the queue and to avoid standing in the sunlight. In this context, some anti- social elements had spread false information that an elephant has created problems and this caused panic among the devotees standing in the queue. With much difficulty, the Devaswom officials and the police tried to control the persons and appraised them about false rumors that was DBP No.132 of 2023 6 spread by some anti-social elements. This caused panic and confusion. It is submitted that from morning 9 am to 7 pm, the Uppumavu, payasam, lemon juice, bottle water was distributed to the devotees standing in the queue and it was arranged in the Kausthubham compound by the devaswom employees.

7. It is submitted that only one or two devotees have been brought to the Guruvayur Devaswom Medical Centre on the complaint they were injured in the rush and it is only because of the timely action of the Devaswom officials that no incidents occurred even though approximately 1 lakh devotees have converged in the temple for the Ekadasi day. All these aspects is discernible from the CCTV footages.

8. It is submitted that the petitioner could have a darsan on that day only on account the fact that the Devaswom officials have facilitated the same by clearing the queue promptly. If the officials have permitted the queue to move at its own pace with devotees fully satisfied, dashan would not have been available for all devotees who had darshan on that day. There was approximately one lakh persons and the only way to facilitate the darsan for all the persons who come for darsan was to request the devotees who come darsan to move quickly. From morning 6 to 2 pm, Neyvilakku vazhipadu or employees or local residents were not permitted since the general queue had to be permitted upto 4 pm.

9. The allegation that Devaswom employee were seen shouting is incorrect. It is submitted that since instructions had to imparted to devotees, the employees will have to raise their voice to over reach the noise of crowd. In this context the employees were making the request of the top DBP No.132 of 2023 7 of the voice, which has been termed as a ’shouting’. The request made by employees in a high tone of voice cannot be termed as "shouting" on a day like Ekadasi. It is only the perception of the petitioner without noting the practical aspects involved in crowd management on a day like Ekadasi.

10. It is also submitted that seeing the employees struggle to control the devotees, several respected person had joined the efforts taken by the employees and they were also involved in regulating the crowd voluntarily. These aspects can be seen in CC TV footage. If in fact, the employees were behaving in a arrogant manner, none the persons would have volunteered to help employees in crowd management.

11. It is submitted that the Devaswom has retained the video clippings of the all the CC TV cameras and this would prove the allegations against the Devaswom employees are wrong. It is submitted that a few persons with vested interest and also with an intention to commit mischief and trying to misbehave to create problems to ladies and children and take advantage of the crowd. These peoples take advantage when the crowd remain still. It is only the intervention of the devaswom employees that avoid such incidents. The devotees cannot expect a normal or multiple darsans on Ekadasi day due to the large number of devotees.

12. It is submitted that incidents of pick pockets and chain snatching have to be avoided as a part of crowd management. The employees have performed crowd management without much complaints. It is also brought to the notice of this Hon’ble Court that when temple is opened after every pooja, artificial rush is created and anti-social elements take advantage of this rush also. So this aspect DBP No.132 of 2023 8 also has to be controlled by Devaswom employees and measures taken to avoid such incidents cannot be termed as shouting or misbehaving towards devotees. Even though some person are desirous of having a darsan in the Sreelakam leisurely, on a day such as Ekadasi, such a darsan cannot be facilitated on account of the large number of devotees converging to have darsan. The only endeavor of the Devaswom employees on the Ekadasi day is to facilitate darsan for maximum number of people within the time permissible for darsan.”

4. The affidavit dated 19.02.2024 was followed by an additional affidavit dated 05.04.2024, producing therewith Annexure R3(a) opinion of the Tantri. Paragraphs 2 and 3 of that affidavit read thus; “2. It is submitted that the Tantri has issued a communication dated 25.03.2024 addressed Administrator in compliance with the directions of this Hon’ble Court dated 06.03.2024. True copy of the communication issued by Tantri to the Administrator dated

25.03.2024 is produced herewith and marked as Annexure R3(a). As per Annexure R3(a), the Tantri has ascertained Devahitham on 15.03.2024 to shift the Udayasthamana Pooja offered by Guruvayur Devaswom Managing Committee on Shuklapaksha Ekadashi day of ’Vrischikam’ Month to Shuklapaksha Edadasi day of ’Thulam’ month. In the process, it was found that there is a positive devahitham in favour of such a decision. Hence accordingly from 2024 onwards the Udayasthamana Pooja offered by Guruvayur Devaswom Managing Committee on Ekadashi Day of DBP No.132 of 2023 9 ‘Vrischikam' Month will be conducted on Ekadashi day of " thulam’ Month. This will facilitate a darsan free from closure of the sanctum sanctorum for Udayasthamana Pooja on Ekadasi day.

3. It is further submitted that to mitigate the rush of pilgrims expected during summer holidays, a temporary shed is erected adjacent to Melpathoor Auditorium for arranging Additional Queue system for pilgrims. Besides this, Buttermilk and water is being offered to all the pilgrims standing in the Queue. Additional fans have been provided in such waiting areas to alleviate the difficulties faced by pilgrims on account of the weather conditions.”

5. Heard the learned Senior Government Pleader for respondents 1, 2 and the additional 4th respondent Station House Officer, Guruvayur Temple Police Station and the learned Standing Counsel for Guruvayur Devaswom Managing Committee for the 3rd respondent.

6. The Guruvayur Devaswom Act, 1978, enacted by the State Legislature, which received the assent of the President on

18.03.1978, makes provision for the proper administration of the Guruvayur Devaswom. Section 3 of the Act deals with incorporation. As per sub-section (1) of Section 3, the administration, control and management of the Devaswom shall be vested in a Committee constituted in the manner hereinafter provided. As per sub-section (2) of Section 3, the Committee shall DBP No.132 of 2023 10 by the name of ‘the Guruvayur Devaswom Managing Committee’ be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through the Administrator.

7. Section 10 of the Act deals with the duties of the Committee. As per clause (a) of Section 10, subject to the provisions of the Act and the Rules made thereunder, it shall be the duty of the Committee, subject to the custom and usage in the temple, to arrange for the proper performance of the rites and ceremonies in the temple and the subordinate temples attached thereto in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under Section 20 or, till the dittam or scale of expenditure is fixed under that Section, in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under Section 51 of the Madras Hindu Religious and Charitable Endowments Act, 1951; and as per clause (b) of Section 10, to provide facilities for the proper performance of worship by the worshippers.

8. Section 35 of the Act provides that, Thantri to be final authority in religious matters. As per sub-section (1) of Section 35, nothing in this Act shall be deemed to authorise the Committee DBP No.132 of 2023 11 or the Commissioner or the Government to interfere with the religious or spiritual matters pertaining to the Devaswom. As per sub-section (2) of Section 35, the decision of the Thantri of the temple on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom shall be final, unless such decision violates any provision contained in any law for the time being in force.

9. A reading of the provisions of the Act makes it explicitly clear that the role assigned to Guruvayur Devaswom Managing Committee constituted under Section 3 of the Guruvayur Devaswom Act, 1978, is that of a trustee in management of the properties vested in the deity. The Managing Committee is duty bound to scrupulously follow the stipulations contained in the Act of 1978. Unless a contrary intention, either expressly or by necessary implication, arises from the provisions of the statute in any particular subject or context, Guruvayur Devaswom Managing Committee is legally bound to administer and manage the Devaswom and its properties in accordance with the settled legal principles relating to the administration of Hindu Religious Trusts. The Committee, being the trustee in management of Devaswom properties, is legally bound to perform its duties with utmost care DBP No.132 of 2023 and caution. 12

10. All the properties, including movable and immovable properties and money, dedicated to or endowed in the name of Lord Guruvayurappan or any property acquired in any manner by Guruvayur Devaswom shall vest idol of Lord Guruvayurappan, consecrated in Sree Krishna Temple, Guruvayur. The Managing Committee is legally bound to administer, control and manage all the properties belonging to Guruvayur Devaswom in accordance with the provisions of the said Act. The Administrator and the Commissioner shall also function within the framework of the statute. The Managing Committee, which functions as a trustee, is bound to administer, control and manage the properties belonging to Guruvayur Devaswom in accordance with public interest and in the interest of the worshippers. In view of the prohibition contained in sub-section (1) of Section 35 of the Act, neither the Managing Committee nor the Commissioner or the Government shall interfere with the religious or spiritual matters pertaining to Guruvayur Devaswom. In view of the provisions under Rule 6 of the Guruvayur Devaswom Rules, 1980, the Managing Committee shall not alter or cause to alter the performance of customary rites and ceremonies in Guruvayur DBP No.132 of 2023 Temple. 13

11. In Suo Motu v. Managing Committee and others [2022 (6) KLT 849], DBP No.21 of 2021 was registered suo motu based on the letter dated 19.04.2021 of the Administrator, Guruvayur Devaswom Managing Committee, addressed to the Registrar General of this Court, which pertains to the entry of a former Administrator of Guruvayur Devaswom, along with two members of the Managing Committee (additional respondents 5 and 6 therein), into the Nalambalam of Guruvayur Sree Krishna Temple, on 14.04.2021 at 2.30 a.m., in violation of Decision No.2 taken by the Managing Committee on 12.04.2021, imposing absolute restriction on entry of devotees. In the said decision, a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that 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 the practice and tradition in Guruvayur Sree Krishna Temple. Nadappanthal is not intended for the movement of worshippers in vehicles. Entry of vehicles through Nadappanthal will certainly cause inconvenience to the worshippers, especially children of tender age, senior citizens, persons with disabilities DBP No.132 of 2023 14 and also mentally challenged persons. Restricted entry of vehicles through the northern gate, causing least inconvenience to the worshippers moving through the Nadappanthal, can be permitted for disabled persons or aged persons with restricted movement. Similarly, restricted movement of vehicles for the supply of articles to the temple for offerings and annadhanam, causing least inconvenience the worshippers moving through Nadappanthal, can also be permitted. In addition to this, the movement of ambulance through the Nadappanthal, in case of emergency, can also be permitted. However, the practice of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadappanthal, with the active support of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect.

12. In Suo motu v. State of Kerala and others [2022:KER:76999] a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, was dealing with DBP No.88 of 2022, which was registered suo motu based on a complaint dated 29.11.2022 made by a devotee of Lord Guruvayurappan, alleging encroachments made by traders on both sides of the road leading from Manjulal to Padinjare Nada, DBP No.132 of 2023 15 erection of huge flex boards in the Nadappanthal, in connection with Vilakku Vazhipadu during Guruvayur Ekadashi, etc. By the order dated 16.12.2022, DBP No.88 of 2022 was disposed of by holding that, in view of the provisions under the Motor Vehicles Act, 1988 and the Rules and Regulations made thereunder, the Standards and Guidelines prescribed by the Indian Roads Congress and also the law laid down in C.S.S. Motor Service v. Madras State [AIR 1953 Madras 279], Saghir Ahmad v. State of U.P. [AIR 1954 SC 728], Sodan Singh v. New Delhi Municipal Committee [(1989) 4 SCC 155] and Suo Motu v. State of Kerala and others [2022 (7) KHC 185], the roads constructed as per the standards and guidelines prescribed by the Indian Roads Congress has to be maintained as such, without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. No political party, organisation or trader can be permitted to encroach upon footpaths or right of way of public roads, in connection with any protests, demonstrations or trade, by erecting any temporary structures on the right of way or on the pedestrian facilities or by stocking articles for trade forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. DBP No.132 of 2023 16 Since the State holds public roads as a trustee on behalf of the public, the inaction on the part of the State and the Local Self Government Institutions in preventing such encroachments upon footpaths or right of way of public roads will amount to breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act, 1988. By the order in DBP No.88 of 2022, the Secretary of Guruvayur Municipality and the Station House Officer, Guruvayur Temple Police Station were directed to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or pedestrian facilities on public roads leading to Guruvayur Sree Krishna Temple, strictly in terms of the law laid down in the decisions referred to supra, to ensure the safety of the road users, including children, senior citizen and differently-abled persons. They were directed to conduct periodical inspections, in order to ensure that roads and pedestrian facilities on the public road leading to Guruvayur Temple are maintained without any encroachments whatsoever. The Administrator, Guruvayur Devaswom was directed to bring it to the notice of the Station DBP No.132 of 2023 17 House Officer and also the Secretary of Guruvayur Municipality any such encroachments around Guruvayur Sree Krishna Temple, which would force the road users including those with disabilities and reduced mobility to walk in unsafe circumstances, which shall be acted upon by them, taking note of the law laid down in the decisions referred to supra.

13. In Suo Motu v. Administrator, Guruvayur Devaswom Managing Committee [2023 (3) KHC 531] a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that the conduct of any marriage in the Kalyanamandapam in the Nadappanthal in front of Guruvayur Sree Krishna Temple can only be subject to the custom and usage in that temple and without adversely affecting in any manner the proper performance of worship by other worshippers. Any control or regulation of the movement of worshippers in the temple premises can only be by the security staff employed by the Managing Committee or the police personnel deployed on duty. No private security personnel or persons wearing black dress and acting like ‘bouncers’ or private ‘bodyguards’ cannot be permitted to control or regulate the movement of worshippers in the Nadappanthal of Guruvayur Sree Krishna Temple or in and around DBP No.132 of 2023 18 Melpathur Auditorium or Poonthanam Auditorium.

14. In the instant case, the complaint of the devotee in her complaint dated 03.12.2023 is regarding the arrogant and rude behaviour of Devaswom staff towards the devotees, who were standing in the queue for a long time to have darshan of Lord Guruvayurappan on the ‘Ekadasi day’, i.e., on 23.11.2023. In the affidavit dated 19.02.2024 filed on behalf of the 3rd respondent Guruvayur Devaswom Managing Committee, it is stated that the allegation that the Devaswom employees were shouting on the devotees is incorrect. The Managing Committee has retained the video clippings of all CCTV cameras, which would prove that the allegations in the complaint against the Devaswom employees is without any factual foundation.

15. Along with the additional affidavit dated 05.03.2024 filed on behalf of the 3rd respondent Managing Committee, Annexure R3(a) opinion of the Tantri is placed on record. Based on that opinion of the Tantri, it is decided that from the year 2024 onwards Udayasthamana Pooja offered by the Managing Committee on ‘Ekadasi day’ of Vrischikam will be conducted on the ‘Ekadasi day’ of Thulam. The Managing Committee has also decided to erect a temporary shed adjacent to Melpathoor DBP No.132 of 2023 19 Auditorium, for arranging an additional queue system for pilgrims, to mitigate the rush of pilgrims expected during summer holidays. Buttermilk and water is being offered to all pilgrims standing in the queue. Additional fans have been provided in such waiting areas to alleviate the difficulties faced by the pilgrims on account of severe weather conditions.

16. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this DBP, recording the aforesaid stand taken in the additional affidavit dated 05.04.2024 filed on behalf of the 3rd respondent Managing Committee. In the decisions referred to supra, this Court has issued various directions to ensure that the devotees have a safe and comfortable darshan at Guruvayur Sree Krishna Temple. The directions contained in those decisions have to be complied with, in letter and spirit, by the 3rd respondent Managing Committee. The Deputy Administrator, Guruvayur Devaswom shall have a constant vigil over crowd management inside the temple premises, through CCTV cameras, in order to ensure that the devotees have a comfortable darshan of Lord Guruvayurappan. The additional 4th respondent Station House Officer, Guruvayur Temple Police Station shall take DBP No.132 of 2023 20 necessary steps to ensure that roads and pedestrian facilities on the public roads leading to Guruvayur Temple are maintained without any encroachment whatsoever, to ensure the safety of road users including children, senior citizen and differently abled persons. DK Sd/- ANIL K. NARENDRAN, JUDGE Sd/- HARISANKAR V. MENON, JUDGE