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The Kerala High Court has recently held that Section 27(c) of the Guruvayur Devaswom Act,1978 cannot be stretched to interpret that money devoted to the diety can be given for benefit of worshippers beyond a particular geographical limit.

A bench of Justice Anu Sivaraman, Justice Shircy V, and Justice MR Anitha opined that "it would be too far-fetched to give such an interpretation to the said clause." Court said that it will be against the principles of precedent in view of the ratio in C.K Rajan's case.

The judgment has been pronounced in a review petition filed by the State Government against an order pronounced by a Full Bench in the pleas challenging the correctness and legality of certain administrative decisions of the Guruvayur Devaswom Managing Committee (GDMC). The pleas had sought to set aside the decision of GDMC to donate Rs.5 crores to the Chief Minister's Distress Relief Fund.

The review petition challenged the earlier judgment wherein it was held that the donation of Rs. 5 crore from Guruvayoor Devaswom Funds to the Chief Minister's Distress Relief Fund (CMDRF) is illegal. The state had argued that money was given for relief of the lord's devotees across the country.

However, bench in its judgement on the review petition noted that "the scope of Section 27(c) of the Act 1978 cannot be widened to provide medical relief, water supply and other sanitary arrangements for the worshippers and pilgrims, located away from a reasonable distance of the temple premises."

The State in its review petition had argued that "the Full Bench erred in holding that Section 27 of the Act of 1978 does not authorize GDMC in donating money for the benefit of worshippers beyond a particular geographical limit."

"The narrow interpretation given by the Full Bench to Section 27 of the Act is not correct as victims throughout the State include the worshippers of Lord Guruvayurappan," the State had argued.

In relation to the ritualistic functions of the temple it was further submitted that the articles such as flowers, jaggery, rice, etc are sourced from people spanning all localities, and the flood and Covid 19 have affected its' production.

The State had further contended that the Committee owes a duty to contribute and mitigate the losses caused by acts of God in times of distress.

However, the bench opined that "there was no requisition by the National Authority or State Executive Committee or District authority to the GDMC for any donation of funds to meet the contingency/ emergency."

In addition to this, the bench further noted that "Section 27(c) consists of 2 parts, of which first clause deals with the medical relief, water supply and sanitary arrangements for the worshippers and pilgrims and the second clause relates to the construction of the building for their accommodation."

"Therefore, the 1st part cannot be detached from the 2nd part which relates to the construction for accommodation of the pilgrims," the bench added.

Court also said, "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 learned Government Pleader for the State," the bench held.

During the year 2018, there was an unprecedented heavy flood and landslides in Kerala causing havoc throughout the State and thousands of people have been evacuated from their residences and many people have lost their lives and savings in the calamity. Then the GDMC decided to contribute an amount of Rs. 5 crores to C.M.D.R.F to help and rehabilitate the needy and deserving people. The decision of the Committee was ratified by the Commissioner of Guruvayur Devaswom. The said decision was challenged by a devotee by filing the writ petition which was dismissed by a division bench.

Later, the full bench after considering various provisions of Guruvayur Devaswom Act 1978 especially clauses (a) to (g) of Section 27 held that none of the provisions of the Act, authorize the G.D.M.C or the Administrator or the Commissioner to contribute or part with or give away in any manner any amount from the funds belonging to Guruvayoor Devaswom either to CMDRF or to any Government agency.