JUDGMENT : [Anil K. Narendran, J.] 1. The petitioner, who is a devotee of Lord Guruvayurappan of Guruvayur Sree Krishna Temple, which is under the management of 3rd respondent Guruvayur Devaswom Managing Committee, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to resume/revert to the customary practice of ‘Prasada Oottu’ on plantain leaves at Guruvayur Sree Krishna Temple, forthwith. The petitioner has also sought for a writ of mandamus commanding the 4th respondent Guruvayur Municipality to manage waste transportation till an alternate arrangement is made by respondents 1 to 3; and a writ of mandamus commanding respondents 2 and 3 to keep in abeyance the decision taken on 01.07.2017 to use steel plates, instead of customary plantain leaves, for ‘Prasada Oottu’, till final disposal of this writ petition. 2. Going by the averments in the writ petition, the petitioner is aggrieved by the decision taken by Guruvayur Devaswom Managing Committee on 01.07.2017, to use steel plates for Prasada Oottu in Guruvayur Sree Krishna Temple, instead of plantain leaves. Though the petitioner is seeking an order to keep in abeyance the aforesaid decision taken by the managing committee on 01.07.2017, the petitioner has not chosen to produce a copy of that decision in this writ petition. The petitioner has also not sought for a writ of certiorari to quash that decision of the managing committee. The document marked as Ext.P1 is a copy of the news item that appeared in Mathrubhumi daily dated 01.07.2017. As per Ext.P1, Prasada Oottu in Guruvayur Sree Krishna Temple will be served in steel plates from 01.07.2017 onwards, using 3,000 steel plates available with the Devaswom. In addition to this, 5,000 steel plates will be purchased immediately. Sufficient number of staff has already been engaged for cleaning the plates. As per the said news item, around 5,000 to 7,000 devotees usually take Prasada Oottu during weekends. The Managing Committee has taken such a decision, since the 4th respondent Guruvayur Municipality has decided that Municipality will not remove plantain leaves from Guruvayur Temple after Prasada Oottu. The petitioner submitted Ext.P2 representation dated 03.07.2017 before the 1st respondent State, as evidenced by Ext.P2(a) postal receipt. The Managing Committee has taken such a decision, since the 4th respondent Guruvayur Municipality has decided that Municipality will not remove plantain leaves from Guruvayur Temple after Prasada Oottu. The petitioner submitted Ext.P2 representation dated 03.07.2017 before the 1st respondent State, as evidenced by Ext.P2(a) postal receipt. In the writ petition, it is contended that, switching over from plantain leaves to steel plates while conducting Prasada Oottu in Sree Krishna Temple, Guruvayur, from 01.07.2017 onwards, goes against the customary practice/usage prevailing in the temple for decades. It will hurt the sentiments of the devotees. According to the petitioner, the decision taken by the Guruvayur Devaswom Managing Committee on 01.07.2017 to use steel plates, instead of plantain leaves for Prasada Oottu is in violation of the provisions under Sections 10(a), (b), (d) and (g) of Guruvayur Devaswom Act, 1978. In terms of those statutory provisions, the 3rd respondent Managing Committee is duty bound to follow and maintain the custom and usages in Guruvayur Sree Krishna Temple and arrange for the proper performance of rites and ceremonies in the temple. The Managing Committee has to give importance to maintain hygienic conditions in the temple. It has a duty to maintain proper standard of cleanliness and purity in the offerings made in the temple. As per Section 35 of the Guruvayur Devaswom Act, Thantri is the final authority in religious matters. By the passage of time, the importance of Thantri, who is an ex-officio member of Guruvayur Devaswom Managing Committee, is confined to his status as Chief Priest, than having any say in the decision making process. The petitioner would also place reliance on the decision of this Court in Rajan C.K. v. State of Kerala and others [AIR 1994 Kerala 179]. 3. On 31.07.2017, when this writ petition came up for admission, the learned Government Pleader took notice for the 1st respondent State. The learned Standing Counsel for Guruvayur Devaswom Managing Committee took notice for respondents 2 and 3 and the learned Standing Counsel for Guruvayur Municipality took notice for the 4th respondent. This Court passed an interim order dated 31.07.2017, which reads thus; “The practice of serving ‘Prasadam Oottu’ in Sree Krishna Temple, Guruvyaur in plantain leaves shall be continued until further orders. The disposable waste (used plantain leaves) shall be removed by the Municipality without delay.” 4. This Court passed an interim order dated 31.07.2017, which reads thus; “The practice of serving ‘Prasadam Oottu’ in Sree Krishna Temple, Guruvyaur in plantain leaves shall be continued until further orders. The disposable waste (used plantain leaves) shall be removed by the Municipality without delay.” 4. No counter affidavit is filed by respondents 2 and 3 or the 4th respondent Municipality. 5. On 25.11.2022, when this writ petition came up for consideration, we heard the arguments of the learned counsel for the petitioner, the learned Senior Government Pleader for the 1st respondent State, the learned Standing Counsel for Guruvayur Devaswom Managing Committee for respondents 2 and 3 and also the learned Standing Counsel for the 4th respondent Guruvayur Municipality. During the course of arguments, on a query made by this Court, the learned Standing Counsel for Guruvayur Devaswom Managing Committee submitted that in Prasada Oottu, the devotees are served with Uppumavu from 7.30 a.m. to 10.30 a.m.; rice with two dishes from 11.00 a.m. to 3.00 p.m.; tea and Uppumavu from 3.30 p.m. to 6.30 p.m. and thereafter, rice or Kanji with two dishes from 7.00 p.m. to 10.00 p.m. Steel plates are used for giving Uppumavu, from 7.30 a.m. to 10.30 a.m. and plantain leaves are used during 11.00 to 3.00 p.m. and 7.00 p.m. to 10.00 p.m. The cost of each plantain leaf comes around Rs.9/- to Rs.10/-. Moreover, there is no proper disposal of waste by Guruvayur Municipality. The learned counsel for the petitioner placed reliance on the provisions under Section 35 of the Guruvayur Devaswom Act, 1978 and also the law laid down in the decisions in Gopalakrishnan Nair v. State of Kerala [ 1999 (3) KLT 574 ], Gopalakrishnan Nair v. State of Kerala [ 2005 (11) SCC 45 ]. 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. Clause (f) of Section 2 of the Act defines ‘person having interest in the temple’ to mean a person who is entitled to attend at, or is in the habit of attending, the performance of worship or service in the temple or who is entitled to partake, or is in the habit of partaking, in the benefit of the distribution of gifts thereat. 7. Section 3 of the Act deals with incorporation. 7. 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. Section 4 of the Act deals with composition of Guruvayur Devaswom Managing Committee. Section 9 of the Act deals with remuneration of the Chairman and members. As per Section 9, no member of the Committee shall receive or be paid any salary or other remuneration except such travelling or daily allowances, if any, as may be prescribed. 8. 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; as per clause (b) of Section 10, to provide facilities for the proper performance of worship by the worshippers; as per clause (d) of Section 10, to ensure maintenance of order and discipline and proper hygienic conditions in the temple and the subordinate temples attached thereto and of proper standard of cleanliness and purity in the offerings made therein; and as per clause (g) of Section 10, to do all such things as may be incidental and conducive to the efficient management of the affairs of the Devaswom and the convenience of the worshippers. 9. 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 or the Commissioner or the Government to interfere with the religious or spiritual matters pertaining to the Devaswom. 9. 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 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. 10. 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 and caution. 11. 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 in the idol of Lord Guruvayurappan, consecrated in Sree Krishna Temple, Guruvayur. Guruvayur Devaswom Managing Committee is legally bound to administer, control and manage all the properties belonging to Guruvayur Devaswom in accordance with the provisions of the Guruvayur Devaswom Act, 1978. The Administrator and the Commissioner shall also function within the framework of the statute. Guruvayur Devaswom 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 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 Rules, the Managing Committee shall not alter or cause to alter the performance of customary rites and ceremonies in Guruvayur Temple. 12. Rule 3 of the Guruvayur Devaswom Rules, 1980 deals with power of the Committee over the actions of the Administrator. As per Rule 3, the Committee may call for and examine any record connected with any action of the Administrator and give such directions to him in accordance with the provisions of the Act and the Rules and Regulations made thereunder, as the Committee may consider necessary. As per Rule 4, the Administrator shall take steps to implement all the lawful decisions of the Committee. Rule 6 provides that Committee not to alter the performance of rites and ceremonies, etc. As per Rule 6, the Committee shall not alter or cause to alter the performance of customary rites and ceremonies in the temple. Rule 20 deals with meetings of the Committee. As per Rule 20, the Committee shall meet ordinarily once in two months or as often as required. 13. In Suo Motu v. Guruvayur Devaswom Managing Committee and others [ 2022 (6) KLT 849 ] this Court noticed that, a reading of the preamble of the Guruvayur Devaswom Act, 1978 would clearly show that the authorities constituted under the said Act, especially the Guruvayur Devaswom Managing Committee, the Administrator and the Commissioner are enjoined with the duty to administer, control and manage the affairs of the Temple, its properties and endowments. The Managing Committee, which functions as a trustee, 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 also the Commissioner are legally bound to function within the framework of the statute. In view of the provisions under Section 17 of the Act, the Administrator is bound to carry out the decisions taken by Guruvayur Devaswom Managing Committee in accordance with the provisions of the Act. The Administrator and also the Commissioner are legally bound to function within the framework of the statute. In view of the provisions under Section 17 of the Act, the Administrator is bound to carry out the decisions taken by Guruvayur Devaswom Managing Committee in accordance with the provisions of the Act. In view of the provisions under Rule 3 of the Guruvayur Devaswom Rules, 1980, any directions issued by the Managing Committee to the Administrator shall be in accordance with the provisions of the Act and the Rules and Regulations made thereunder, as the Committee may consider necessary. As per Rule 4, the Administrator shall take steps to implement all the lawful decisions of the Committee. As per clause (a) of Section 10 of the Act, 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 as per clause (b) of Section 10, to provide facilities for the proper performance of worship by the worshippers. 14. In the Guruvayur Devaswom Act, 1978, there is no definition for the expression ‘worshipper’. According to Oxford Dictionary, ‘worshipper’ is a person who shows reverence and adoration for a deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple. In Suo Motu [ 2022 (6) KLT 849 ] this Court 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. 15. The learned counsel for the petitioner would point out that a Larger Bench of this Court in Gopalakrishnan Nair v. State of Kerala [ 1999 (3) KLT 574 ] had occasion to consider the position of Thantri under Section 35 of the Guruvayur Devaswom Act. 16. 15. The learned counsel for the petitioner would point out that a Larger Bench of this Court in Gopalakrishnan Nair v. State of Kerala [ 1999 (3) KLT 574 ] had occasion to consider the position of Thantri under Section 35 of the Guruvayur Devaswom Act. 16. In Gopalakrishnan Nair [ 1999 (3) KLT 574 ] a Larger Bench of this Court, in the context of Section 4 of Guruvayur Devaswom Act, answered the reference by holding that the Hindu members of the Council of Ministers who nominate the members of the Managing Committee of Guruvayur Devaswom need only be Hindus, without any insistence on their being believers in temple worship. Section 4 of the Act itself ensures that persons who have faith in God and temple worship and profess Hindu Religion alone are qualified to be nominated to the Managing Committee and the members shall, before entering upon their office, make and subscribe an oath in the form prescribed. In paragraph 10 of the judgment, the Larger Bench has noticed the argument advanced by Mr. Ashok Desai, the learned counsel, who appeared on behalf of the State of Kerala, that Section 35 of the Guruvayur Devaswom Act is expressly added to ensure that all religious, spiritual, ritual and ceremonial matters are decided by the Thantri. 17. In Gopalakrishnan Nair v. State of Kerala [ (2005) 11 SCC 45 ], the Apex Court affirmed the judgment of the Larger Bench of this Court in Gopalakrishnan Nair [ 1999 (3) KLT 574 ]. In paragraph 21 of the said decision the Apex Court noticed that the management or administration of a temple partakes of a secular character as opposed to religious aspects of the matter. The Guruvayur Devaswom Act, 1978 segregates the religious matter from secular matters. So far as religious matters are concerned, the same are entirely been left in the hands of the ‘Thantri’. He is the alter ego of the deity. He gives moola mantra to the priest. He holds a special status. He prescribes the rituals. He is the only person who can touch the deity and enter the sanctum sanctorum. He is the final authority in religious matters. He is the alter ego of the deity. He gives moola mantra to the priest. He holds a special status. He prescribes the rituals. He is the only person who can touch the deity and enter the sanctum sanctorum. He is the final authority in religious matters. Wherefor, a legal fiction has been created in Section 35 of the Act, in terms whereof the committee or the commissioner or the Government is expressly prohibited from interfering with the religious or spiritual matters pertaining to the Devaswom. His decision on all religious, spiritual, ritual or ceremonial matters pertaining to the Devaswom is final unless the same violates any provision contained in any law for the time being in force. The Apex Court noticed that the impugned provision, i.e., Section 4 of the Guruvayur Devaswom Act must be construed, having regard to the said factor in mind. 18. In paragraph 36 of the decision in Gopalakrishnan Nair [ (2005) 11 SCC 45 ], the Apex Court reiterated that although State cannot interfere with the freedom of a person to profess, practice and propagate his religion, the secular matters connected therewith can be subject matter of control by the State. The management of the temple is primarily a secular act. The temple authority controls the activities of various servants of the temple. It manages several institutions including educational institutions pertaining to it. The disciplinary power over the servants of the temple including the priest may vest in a committee. The payment of remuneration to the temple servants was also not a religious act but was purely secular in nature. In paragraph 45 of the said decision, on the question as to whether vesting of power in the ‘Hindus’ in the Council of Ministers to nominate the members of the Managing Committee could be held to be violative of Articles 25 and 25 of the Constitution of India, the Apex Court noticed that Guruvayur Sree Krishna Temple is visited by millions every year. Apart from proper management of the funds flowing from those devotees, the Devaswom also owns other properties, runs a college, a guest house, choultries, etc., all of which require efficient and prompt management. This is quite apart from the spiritual management dealing with the religious side which is under the sole control, management and guidance of the Thantri. Apart from proper management of the funds flowing from those devotees, the Devaswom also owns other properties, runs a college, a guest house, choultries, etc., all of which require efficient and prompt management. This is quite apart from the spiritual management dealing with the religious side which is under the sole control, management and guidance of the Thantri. It is the secular aspect of the management that is vested in the Managing Committee. 19. In the instant case, the grievance of the petitioner is against the decision taken by Guruvayur Devaswom Managing Committee on 01.07.2017 to use steel plates for Prasada Oottu in Guruvayur Sree Krishna Temple, instead of plantain leaves. 20. As pointed out by the learned Standing Counsel for Guruvayur Devaswom Managing Committee, in Prasada Oottu, the devotees are served with ‘Uppumavu’ from 7.30 a.m. to 10.30 a.m.; rice with two dishes from 11.00 a.m. to 3.00 p.m.; tea and ‘Uppumavu’ from 3.30 p.m. to 6.30 p.m. and thereafter, rice or Kanji with two dishes from 7.00 p.m. to 10.00 p.m. Steel plates are used for serving ‘Uppumavu’, from 7.30 a.m. to 10.30 a.m. Plantain leaves are used for serving rice with two dishes from 11.00 a.m. to 3.00 p.m. and for serving rice or Kanji with two dishes from 7.00 p.m. to 10.00 p.m. 21. As per Ext.P1 news item that appeared in Mathruboomi daily dated 01.07.2017 around 5,000 to 7,000 devotees usually take Prasada Oottu during weekends. On a query made by this Court, the learned Standing Counsel for Guruvayur Devaswom Managing Committee would submit that, for the last more than 10 to 15 years Prasada Oottu is being conducted in Annalakshmi Hall, which is located outside the Valiyambalam of Guruvayur Sree Krishna Temple. 22. The fact that Prasada Oottu is being conducted in a hall which is located outside the Valiyambalam of Guruvayur Sree Krishna Temple is not in dispute. The fact that in Prasada Oottu the devotees are served with ‘Uppumavu’ in steel plates is also not in dispute. The learned counsel for the petitioner would contend that the decision taken by the 4th respondent Guruvayur Municipality that the Municipality will not remove plantain leaves from Annalakshmi Hall, after Prasada Oottu is not a valid reason for the Managing Committee of Guruvayur Devaswom to take a decision to serve rice or Kanji in Prasada Oottu in steel plates, instead of plantain leaves. 23. 23. As pointed out by the learned Standing Counsel for Guruvayur Devaswom Managing Committee, the cost of each plantain leaf comes around Rs.9/- to Rs.10/-. As per Ext.P1 news item that appeared in Mathruboomi daily dated 01.07.2017 around 5,000 to 7,000 devotees usually take Prasada Oottu during weekends. The learned Standing Counsel would submit that, in view of the interim order dated 31.07.2017, the 4th respondent Municipality is removing the disposable waste (used plantain leaves) from Annalakshmi Hall after Prasada Oottu. If steel plates are used for serving rice or Kanji, instead of plantain leaves, the issue regarding disposal of waste from Annalakshmi Hall can be resolved to a great extent. In addition to this, it will be convenient to serve Kanji in steel plates, instead of plantain leaves, which will also be convenient for the devotees, who take part in Prasada Oottu. The learned Standing Counsel for Guruvayur Devaswom Managing Committee would submit that some of the devotees have already offered to sponsor automated dish washing system at Annalakshmi Hall in Guruvayur Sree Krishna Temple. 24. Having considered the submissions made by the learned counsel on both sides, we find that Prasada Oottu conducted in Annalakshmi Hall outside the Valiyambalam of Guruvayur Sree Krishna Temple is only a secular aspect of the management of Guruvayur Sree Krishna Temple, which is vested under the management of the 3rd respondent Guruvayur Devaswom Managing Committee. Admittedly, in Prasada Oottu, the devotees are served ‘Uppumavu’ in steel plates. Therefore, the decision taken by the 3rd respondent Managing Committee on 01.07.2017 to use steel plates, instead of plantain leaves for Prasada Oottu for serving rice or Kanji will not in any manner violate the provisions of Section 10(a), (b), (d) or (g) or Section 35 of Guruvayur Devaswom Act. In such circumstances, no interference is warranted, in exercise of the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, on the decision taken by the 3rd respondent Managing Committee on 01.07.2017 to use steel plates, instead of plantain leaves, for Prasada Oottu. In the result, this writ petition fails and the same is accordingly dismissed. Consequently, it is ordered that the 3rd respondent Guruvayur Devaswom Managing Committee can proceed with its decision taken on 01.07.2017 to use steel plates instead of plantain leaves for serving Prasada Oottu.