Kerala High Court Halts Guruvayoor Devaswom's Move To Transfer Temple Land To Municipality Without Consideration

A Division Bench of Justice Anil K. Narendran and Justice Sophy Thomas posted the matter for next hearing on October 25, 2023. Advocate Sajith Kumar V. appeared for the Petitioner RV Babu, who claims to be a devotee of Lord Guruvayurappan.

“The Devaswom Managing Committee working hand in glove with the 6th Respondent (Municipality) on 17.07.2023 took the decision to give away 9.62 cents of prime land in the middle of Guruvayoor town to the 6th Respondent in violation of the statutory provisions of the Guruvayoor Devaswom Act, 1978”, the petition says.

The petitioner questioned the legality of this decision, citing Sections 10, 11, and 27 of the Act. Furthermore, the petitioner questions the legitimacy of the committee's actions in light of previous orders of the Court restricting alienation of Devaswom properties for purposes other than those stated in the Act. The petition added, “As per the statutory provisions in S. 10 and 5.11 of the Act, no property of the Devaswom is alienable, other than for purposes necessary or beneficial to the Devaswom. The duties of the Devaswom Committee are well defined in S. 10, which includes proper performance of rights and ceremonies and to do all things which are incidental and conducive to the efficient management of the affairs of the Devaswom and the convenience of the worshippers. Thus, it is clear that the Committee can only perform such activities as are necessary/essential for the benefit of the deity and its worshippers.”

Additionally, the petitioner has contended that the committee should extend financial assistance to temples in distress, support education and employment for devotees, and establish institutions for Bhagavad Gita learning and archaka training across Kerala, as mandated by the Act.

“There are lots of temples in Kerala facing severe financial destitute and earning for some assistance from the government or devaswom board. However, totally neglecting the needs and purposes envisioned in the objective of the Guruvayoor Devaswom Act, the Respondents are eager only to exploit the devaswom properties and improve their political and financial status. Therefore, the present attempt to give away 9.62 cents of property belonging to the deity without any consideration and in violation of the specific provisions of the Guruvayoor Devaswom Act and the binding judgments of this Hon'ble Court amounts to an illegal and arbitrary abuse of the power vested with the Respondents”, the petition says.

The petitioner has also contended that “The funds and properties of Lord Guruvayurappan is being diverted for secular purposes while keeping idle over the statutory obligations to spread the philosophy and tenets of Hindu Lord Guruvayurappan. The Guruvayoor Devaswom Board with huge assets is bound to act by establishing Bhagavat Gita schools across Kerala for spreading religious philosophy of Lord Guruvayurappan/ Lord Sree Krishna. The Guruvayoor Devaswom Act specifically casts a duty on the Devaswom Management to utilize the funds to establish and administer poor homes for Hindus and for establishing schools and educational institutions for the welfare of devotees/ Hindu community.”

Cause Title: R.V. Babu v. The State of Kerala & Ors.