Guruvayur Devaswom not authorised to contribute to CM Relief Fund: Kerala High Court

A full bench of the Kerala High Court on Thursday dismissed a bunch of petitions seeking review of a 2020 judgment which had invalidated contributions by the Guruvayur Devaswom Managing Committee (GDMC) to the Chief Minister's Distress Relief Fund (CMDRF) [Bijesh Kumar vs State of Kerala]..A bench of Justices Anu Sivaraman, Shircy V and MR Anitha dismissed the review pleas observing there wasn't any apparent error in the judgement under challenge interpreting the provisions of the Guruvayur Devaswom Act (GDA). .The main contention in the review plea was that the judgment committed an error by holding that the scope of Section 27(c) of the GDA cannot be widened. Section 27(c) allows the committee to incur expenses towards medical relief, water supply and other sanitary arrangements for the worshippers and the pilgrims and construction of building for their accommodation.They argued that the geographical proximity of the pilgrims had no significance and the benefits provided by the temple ought to lean in favor of others also..Rejecting this contention, the Bench instead held that the Guruvayur Devaswom Managing Committee is empowered to do only those things as may be conducive to the efficient management of the affairs of Devaswom and the convenience of worshippers coming to visit the temple. “…what is echoed in the common order of the Full Bench is that the movables, the immovable properties, the money dedicated or endowed in the name of Lord Guruvayurappan shall vest in the idol of Guruvayurappan consecrated in Sree Krishna Temple Guruvayur and the status GDMC is that of a trustee in management of devaswom properties and as such is bound to perform its duties and act as per the provisions of the Act of 1978,” the Bench observed. .Interpreting Section 27(c), the Bench concluded that the Section merely stipulates providing a convenient accommodation to the worshippers when they visit the temple to offer prayers. "Obviously, the said clause cannot be treated as one meant for the benefit of worshippers of lord Guruvayurappan as millions of worshippers are residing all over the country. It would be too far-fetched to give such an interpretation to the said clause. Devotees who repose faith on lord Guruvayurappan are spread all over the country. Therefore, the scope of Section 27(c) cannot be widened as pointed out by the Government and if the contention is accepted, it will be against the principles of precedent in view of the ratio in C.K Rajan's case," the Court held..The judgment under review was passed in a writ petition filed by various various petitioners. They had assailed the Guruvayur Devaswom Board’s decision to set up darshan boxes etc. for contributions to the CMDRF in the wake of COVID-19 pandemic. A full bench had set aside an earlier judgment that had upheld the validity of Guruvayur Devaswom Board contributions to the Kerala Chief Minister’s fund.They had also clarified that Section 27(c) couldn't be stretched to an extent as to cover pilgrims across the State.The present review plea was filed against the full bench decision. .Guruvayur Temple Committee not authorised to contribute funds to CMDRF: Kerala High Court [Read Judgment].Advocate MR Sreelatha, special government pleader represented the state.Advocates TK Vipindas, M Abdul Hakkim, R Krishnaraj and S Sanal Kumar appeared for the respondents.[Read Judgment]