JUDGMENT : Anil K. Narendran, J. The petitioners, who are members of Puzhakkara Chennas Mana, the Tantri Family of Guruvayur Sree Krishna Temple, have filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3, namely, the 1st respondent Guruvayur Devaswom Managing Committee, the 2nd respondent Administrator and the 3rd respondent Tantri to ensure the conduct of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day of 1200ME (11.12.2024). The petitioners have also sought for a writ of mandamus commanding the respondents to ensure that the religious custom, rituals, traditional rites, ceremonies, poojas, practice and usage in Guruvayur Sree Krishna Temple is not altered or caused to be altered and if any change is necessary the same can be effected only after conducting Ashtamangalya Prasnam in the traditional manner. 2. In the writ petition, it is stated that Guruvayur Ekadasi is one of the most important annual festivals observed in Guruvayur Sree Krishna Temple on the Shuklapaksham (full moon) day in Vrishchikam. It is believed that Lord Krishna advised Bhagavath Gita to Arjuna on this auspicious day. The historical visit of Adi Sankaracharya in the temple was on this day. Udayasthamana Pooja is the most important special pooja performed to the deity on this auspicious day. The Nalambalam of the temple will be decorated with lamps on this auspicious day. Prior to Guruvayur Vrishchikam Ekadasi, Ekadasi Vilakku will be observed for a continuous period of thirty days. According to the petitioners, respondents 1 to 3 have decided not to perform Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day of 1200ME (11.12.2024). 2.1. The petitioners would contend that the 3rd respondent Tantri has no right to alter any pooja or custom prevailing in Guruvayur Sree Krishna Temple and take a decision not to conduct Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day. The non-performance of Udayasthamana Pooja on that auspicious day is a bad omen and is against the established religious custom, rituals and usage in Guruvayur Sree Krishna Temple. Under Section 35(2) of the Guruvayur Devaswom Act, 1978 the decision of the Tantri shall not violate any provision in any law in force. Section 34 of the said Act save and honour the custom and established usage prevailing in Guruvayur Sree Krishna Temple. Under Section 35(2) of the Guruvayur Devaswom Act, 1978 the decision of the Tantri shall not violate any provision in any law in force. Section 34 of the said Act save and honour the custom and established usage prevailing in Guruvayur Sree Krishna Temple. As per Ext.P4 Prashnacharthu of the Ashtamangalya Prasnam conducted on 11.05.2015 and Ext.P5 Prashnacharthu of the Ashtamangalya Prasnam conducted on 26.09.2018, in which more than seven Astrologers participated, which were conducted openly within the temple premises in the presence of the Ooralan, the devotees, the temple employees, etc., the existing custom and rituals should be followed in the temple. 2.2. The petitioners would contend that in view of the provisions contained in Article 13 of the Constitution of India, any custom or usage which is in existence in pre-constitutional days cannot be changed on deviated if the same does not violate human rights, dignity, social equity and the specific mandate of the constitution and the law made by the Parliament. The customary law will prevail over the statutory law where the legislation is silent on the issue in question. Guruvayur Sree Krishna Temple is to be administered following the established usage in regard to any matter, in view of the provisions under Section 10(a) of the Act, and the Managing Committee shall exercise its duties subject to the custom and usage in the temple to arrange for the proper performance of the rites and ceremonies. Under Rule 6 of the Guruvayur Devaswom Rules, the Committee shall not alter or cause to alter the performance of customary rites and ceremonies in the temple. Therefore, the age-old custom and usage followed in Guruvayur Sree Krishna Temple cannot be altered by the 3rd respondent Tantri or the 1st respondent Managing Committee. 2.3. The document marked as Ext.P1 is a news item published in Malayala Manorama daily dated 11.10.2024 regarding the proposed change of Udayasthamana Pooja on Vrishchikam Ekadasi day on 11.12.2024. The document marked as Ext.P2 is a notification dated 04.10.2024 issued by the 2nd respondent Administrator, Guruvayur Devaswom Managing Committee, as per which there will be no Udayasthamana Pooja on Guruvayur Ekadasi day of 11.12.2024. The document marked as Ext.P3 is a similar notification issued on 25.09.2023, which would show that on Guruvayur Ekadasi day of 23.11.2023 Udayasthamana Pooja was conducted by the 1st respondent Managing Committee. 3. The document marked as Ext.P3 is a similar notification issued on 25.09.2023, which would show that on Guruvayur Ekadasi day of 23.11.2023 Udayasthamana Pooja was conducted by the 1st respondent Managing Committee. 3. On 08.11.2024, when this writ petition came up for admission, the learned Standing Counsel for Guruvayur Devaswom Managing Committee sought time to get instructions and accordingly, the matter was adjourned to 18.11.2024. On 18.11.2024, the 3rd respondent Tantri entered appearance through counsel. 4. Respondents 1 and 2 have filed a counter affidavit dated 25.11.2024, opposing the reliefs sought for in this writ petition, producing therewith Exts.R1(a) to R1(c) documents. In the counter affidavit, it is stated that Ekadasi of Guruvayur Sree Krishna Temple of the year 2023 was on Muppattuvyazham, which is the first Thursday of every Malayalam Month and it is an auspicious occasion in Vishnu Temples in Kerala. Expecting huge turnout of devotees on the Ekadasi day, elaborate arrangements were made by the Managing Committee. Majority of the devotees coming on the previous day, i.e., Dashami day would return only after Ekadasi and after the offering of Dwadasi Panam on Dwadasi day. On the Ekadasi day of 23.11.2023, the darshan timing which was stopped at 2.00 a.m was resumed at 3.00 a.m. After the daily rituals and ceremonies of Nirmalyam, Vakacharthu, Malar Nivedyam and Ushapooja, Sheeveli commenced. Around 8.30 a.m., after Sheeveli, Udayasthamana Pooja commenced. 21 poojas were conducted for Udayasthamana Pooja. For all these poojas, the Sanctum Sanctorum remained closed. 15 poojas commenced from 8.30 a.m. and the Othikan performed Dehashudhi, Peedapooja and Moorthipooja. In the meantime, during undefined intervals, Payasam and Vellanivedyam were also offered. In the Homakundam at Vathilmadam, Nivedyam was also performed and at the Balisthanam of Agni, Bali was also performed. Thereafter, Othikkan offered Namaskaram at the Namaskaramandapam and again performed Shudhi and completed Prasannapooja. Thus, 15 such poojas were done from 9.00 a.m. onwards. For one pooja, around 10 to 15 minutes was the time consumed. 4.1. On the Ekadasi day of 23.11.2023, after 5 poojas only intermittent darshan could be permitted for the devotees. From 9.00 a.m. to 10.15 a.m., the first 5 poojas were conducted. From 10.15 a.m. to 10.45 a.m. darshan was permitted. Again from 10.45 a.m. to 12.00 p.m., poojas were conducted. Thereafter, darshan was permitted for half an hour, which was followed by Palabhishekam and Navakam and Pantheeradi Pooja. From 9.00 a.m. to 10.15 a.m., the first 5 poojas were conducted. From 10.15 a.m. to 10.45 a.m. darshan was permitted. Again from 10.45 a.m. to 12.00 p.m., poojas were conducted. Thereafter, darshan was permitted for half an hour, which was followed by Palabhishekam and Navakam and Pantheeradi Pooja. During Palabhishekam and Navakam, all the ornaments and decorations on the deity were removed, and therefore, the devotees did not prefer to have darshan during that period. From morning 4.00 a.m. to 5.00 a.m., a queue was arranged for senior citizen and local devotees. From 5.00 a.m. to 6.00 a.m., darshan was opened to the public. During this period, Devadarshanam was permitted. Still the queue went up to 7.00 a.m. After Sheeveli, for one hour queue for the public was permitted. A special queue for Sabarimala pilgrims was also arranged. The general queue reached up to the main road, even during early in the morning. On account of all the aforesaid poojas, only a fraction of the devotees in the queue could be permitted inside the temple. For the Ekadasi day, from morning 3.00 a.m. to 3.00 p.m. (12 hours), only 7 hours are available for darshan. Out of that, 2 hours was set apart for senior citizens, disabled persons and local devotees. For the remaining 5 hours, on account of Udayasthamana pooja, only intermittent darshan could be permitted. After 2.30 p.m., after Uchapooja, again Sheeveli was conducted. So the restrictions up to 2.00 p.m. were extended up to 4.00 p.m. It is only thereafter, the general public queue could be moved smoothly. By that time, special darshan for senior citizen and local devotees has to be started, which further delayed the darshan of devotees in the general queue. 4.2. On an evaluation of crowd behaviour patterns and the availability of space, it was noticed that Udayasthamana pooja on the Ekadasi day consumes around 5 hours of hassle-free darshan of the devotees. During the previous years as well, the Managing Committee requested the Tantri to explore the possibility of making alternate arrangements regarding Udayasthamana Pooja on the Ekadasi day. The Tantri informed that he needs to ascertain Devahitham for making any changes. The Tantri opined that Udayasthamana Pooja is only an offering and not a ritual. During the previous years as well, the Managing Committee requested the Tantri to explore the possibility of making alternate arrangements regarding Udayasthamana Pooja on the Ekadasi day. The Tantri informed that he needs to ascertain Devahitham for making any changes. The Tantri opined that Udayasthamana Pooja is only an offering and not a ritual. In Ext.R1(a) order dated 06.03.2024 in DBP No.132 of 2023, which was registered based on a complaint made by a devotee alleging that she had to face some inconvenience while having darshan on the Ekadasi day of 23.11.2023, this Court noticed the submission of the learned Standing Counsel that the Managing Committee has obtained the opinion of the Tantri on the conduct of Udayasthamana Pooja on the Ekadasi day. The document marked as Ext.R1(b) is a communication dated 25.03.2024 of the Tantri, addressed to the Administrator, wherein it is stated that he has ascertained Devahitham on 15.03.2024 to shift Udayasthamana Pooja offered by Guruvayur Devaswom Managing Committee on Shuklapaksha Ekadasi day of Vrishchikam to Shuklapaksha Ekadasi day of Thulam. In that process, it was found that there is a positive Devahitham in favour of such a decision. Hence, it was decided that from the year 2024 onwards, Udayasthamana Pooja offered by Guruvayur Devaswom Managing Committee on the Ekadasi day of Vrishchikam can be conducted on the Ekadasi day of Thulam, which will facilitate a darshan for devotees free from the closure of the Sanctum Sanctorum for Udayasthamana Pooja. From 6.00 a.m. to 2.00 p.m., the general queue alone could be permitted, and hence a huge portion of the general queue can be cleared. 4.3. In the counter affidavit filed by respondents 1 and 2, it is contended that there is no deviation from any ritual in Guruvayur Sree Krishna Temple, as alleged in the writ petition. The present litigation is the result of a family feud between the members of Puzhakkara Chennas Mana. In Annexure R1(c) order dated 08.04.2024 in DBP No.132 of 2023, this Court directed the Deputy Administrator of Guruvayur Devaswom to 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 Guruvayoorappan. In Annexure R1(c) order dated 08.04.2024 in DBP No.132 of 2023, this Court directed the Deputy Administrator of Guruvayur Devaswom to 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 Guruvayoorappan. The Station House Officer, Guruvayur Temple Police Station, was directed to take necessary steps to ensure that roads and pedestrian facilities on the public roads leading to Guruvayur Sree Krishna Temple are maintained without any encroachment whatsoever to ensure the safety of road users including children, senior citizen and differently abled persons. 4.4. In the counter affidavit respondents 1 and 2 have denied the averment in the writ petition that Udayasthamana Pooja performed on the Ekadasi day is an inevitable pooja and that Vrishchikam Ekadasi in Guruvayur Sree Krishna Temple will be incomplete without that pooja. Further, several ceremonies and rituals in the temple have already been changed by the former Tantries. Section 10(g) of the Guruvayur Devaswom Act casts a statutory duty on the Managing Committee to make arrangements for the convenience of the worshipers. In view of the provisions contained in Section 35 of the Act, the Managing Committee cannot interfere with the powers of the Tantri. 4.5. In the counter affidavit, respondents 1 and 2 have denied the averment in the writ petition that till the year 1970, the privilege to conduct Udayasthamana Pooja on the Ekadasi day in Guruvayur Sree Krishna Temple was with Chiralayam Kovilakom. There is no such right to perform Udayasthamana Pooja. Since the year 1972, the Managing Committee is conducting Udayasthamana Pooja on the Ekadasi day as an offering and not as part of an indispensable ritual. Earlier, Udayasthamana Pooja was conducted on Saturdays, Sundays, Onam vacation, etc. Later, it was decided to avoid Udayasthamana Pooja on holidays and vacations in order to reduce the inconvenience caused to the worshipers. This was done even decades back, and it was not after the 3rd respondent became the Tantri. Ext.P2 document would not show that the Managing Committee is interfering in the customary rites and ceremonies in the temple and issued official notifications in that regard to the hereditary temple employees. The Managing Committee cannot interfere with the performance of customary rites and ceremonies in the temple. Ext.P2 document would not show that the Managing Committee is interfering in the customary rites and ceremonies in the temple and issued official notifications in that regard to the hereditary temple employees. The Managing Committee cannot interfere with the performance of customary rites and ceremonies in the temple. The directions given to hereditary employees in the performance of customary rites and ceremonies are only as directed by the Tantri and Melsanthi. The decision of the Managing Committee is based on the interactions with the Tantri, who is the supreme authority, as far as spiritual matters are concerned, under Section 35 of the Act. The decision of the Tantri not to conduct Udayasthamana Pooja on Vrishchikam Ekadasi is not against the custom, rituals or established usage prevailing in the temple. 4.6. In the counter affidavit, respondents 1 and 2 have denied the averment in the writ petition that whenever doubt arises on certain important religious matters in temples, the same is decided through astrological consultations known as Ashtamangalya Prasnam, which should be conducted openly within the temple premises, in the presence of the Ooralan, devotees, temple employees, etc. and that each and every point place for consultation will be subjected to critical analysis by the Astrologers based planetary movements and other signs. They have also denied the averment in the writ petition that more than 7 Astrologers will participate in Ashtamangalya Prasnam. Ashtamangalya Prasnam can be conducted only on the advice of the 3rd respondent Tantri. 4.7. In the counter affidavit, it is stated that all the devotees standing in the queue have a legitimate expectation to have darshan of Lord Guruvayoorappan on the Ekadasi day, in a convenient manner. The decision taken will only ensure a convenient and quick darshan on the Ekadasi day. A statutory obligation is on the Managing Committee, under Section 10(g) of the Act, to do all such things as may be incidental and conducive to the effective management of the affairs of the Devaswom and the convenience of the worshipers. Permitting more darshan time to worshipers on the Ekadasi day is therefore made in the discharge of that statutory duty, by following the advice of the 3rd respondent Tantri in spiritual, ritual and ceremonial matters, as per Section 35(2) of the Act. The instructions given by the 3rd respondent Tantri in this regard are not violative of any law for the time being in force. The instructions given by the 3rd respondent Tantri in this regard are not violative of any law for the time being in force. If the performance of Udayasthamana Pooja on Vrishchikam Ekadasi day is a custom or religious practice in Guruvayur Sree Krishna Temple, the same has to be established before a competent civil court and the petitioners cannot agitate that matter in a writ petition filed under Article 226 of the Constitution of India 5. The 3rd respondent Tantri has filed a counter affidavit dated 26.11.2024, opposing the reliefs sought for in this writ petition, wherein it is stated that Udayasthamana Pooja performed in Guruvayur Sree Krishna Temple is not part of the temple Acharams or traditions. It is a Vazhipadu offered by worshipers. Udayasthamana Pooja on Guruvayur Ekadasi day is performed as an offering by Guruvayur Devaswom. The expense for Udayasthamana Pooja performed as Vazhipadu by Guruvayur Devaswom is the same as that of Udayasthamana Pooja offered by any worshiper. It is not the decision of the Tantri not to perform Udayasthamana Pooja on the day of Guruvayur Ekadasi. It is the decision taken by Guruvayur Devaswom Managing Committee; of course, with the consent and approval of the Tantri. The 3rd respondent gave consent after taking Devahitham. He gave consent for the alteration of the day of Udayasthamana Pooja, taking into consideration the difficulties of the worshipers, if it is performed on the day of Guruvayur Ekadasi. The free flow of devotees for the darshan of Lord Guruvayoorappan will have to be stopped for a pretty long time if Udayasthamana Pooja is conducted on that day. The number of worshipers coming to the temple on Guruvayur Ekadasi will be more than the number of worshipers coming to the temple on usual days. 5.1. In the counter affidavit, the 3rd respondent stated that the belief that Adi Sankara visited Guruvayur Sree Krishna Temple is part of a legend. It is only a belief. Guruvayur Sree Krishna Temple is known as Bhoolokavaikundam and not as Dwaraka of South. The custom, ritual and essential practices attached to the temple are strictly followed and as the Tantri of the temple the 3rd respondent has not allowed any deviation from the usual practice. The office of Tantri of Guruvayur Sree Krishna Temple vests in the senior-most male member of the family. The flow of devotees in Guruvayur Temple is increasing day by day. The office of Tantri of Guruvayur Sree Krishna Temple vests in the senior-most male member of the family. The flow of devotees in Guruvayur Temple is increasing day by day. All decisions were taken and arrangements were made to give better facilities to the devotees. The decision not to have Udayasthamana Pooja on Guruvayur Ekadasi day was taken by the Guruvayur Devaswom Managing Committee. There is no rule or practice that all decisions of the Tantri must be endorsed by Devaprasnam. But in certain cases, when Tantri needs divine support for his decision, he will go for Devahitham. Ashtamangalya Prasnam is performed on different subjects. As Tantri, the 3rd respondent has not done anything against the spirit of Exts.P4 and P5. 6. People for Dharma Trust, represented by its Trustee, filed I.A.No.1 of 2024 seeking an order to get itself impleaded as additional 5th respondent. By the order dated 04.12.2024, the said interlocutory application was allowed. In the affidavit filed in support of that interlocutory application, it is stated that Udayasthamana Pooja at Guruvayur Sree Krishna Temple on Guruvayur Ekadasi day is a unique practice in the temple. The decision taken by the Managing Committee to stop the said practice will cause serious prejudice to the practice followed in the temple, which is an essential and customary practice. Section 10 of the Guruvayur Devaswom Act deals with the duties of the Managing Committee constituted under Section 4 of the Act. Further, Section 35 of the Act provides that the Tantri should be the final authority in matters of religious affairs of the temple. In Ammannoor Parameswara Chakyar and others v. State of Kerala and others [ 2024 (5) KHC 389 ] in respect of matters relating to Koothambalam of Sree Koodalmanikyam Temple, Irinjalakkuda, the decision was taken by the Managing Committee consisting of one among the Tantries. In the said decision, this Court held that the Managing Committee is not empowered to make alterations in the existing practice under the provisions of Koodalmanikyam Devaswom Act without the consent of the respective tantries. Exts.P4 and P5 Prasnacharthu of Ashtamangalya Prasnams conducted in the years 2015 and 2018 categorically state customary practices in the temple. Therefore, the decision, if any, taken by the Managing Committee and the Tantri to alter the conduct of Udayasthamana Pooja at Guruvayur Sree Krishna Temple on Guruvayur Ekadasi day, i.e., on 11.12.2024 is bad in law. 7. Exts.P4 and P5 Prasnacharthu of Ashtamangalya Prasnams conducted in the years 2015 and 2018 categorically state customary practices in the temple. Therefore, the decision, if any, taken by the Managing Committee and the Tantri to alter the conduct of Udayasthamana Pooja at Guruvayur Sree Krishna Temple on Guruvayur Ekadasi day, i.e., on 11.12.2024 is bad in law. 7. One Neelakandan Namboothiri and two others filed I.A.No.4 of 2024 seeking an order to get themselves impleaded as additional respondents in the writ petition. By the order dated 04.12.2024, they were impleaded as additional respondents 6 to 9. In the affidavit filed in support of that interlocutory application, it is stated that the applicants hold the position of Othikans of Guruvayur Sree Krishna Temple, who have been conducting poojas and rituals in that capacity. They belong to four different families, namely, Munnulam Illam, Kakkattu Mana, Pottakkuzhi Mana and Pazhayath Mana. Guruvayur Sree Krishna Temple is referred to as Bhoolokavaikundam, which holds immense religious significance for devotees and is known for its traditions, rituals and spiritual aura. The temple practices, including its unique Acharams (traditions), daily rituals and pooja timings are believed to have been streamlined by Adi Sankaracharya, a revered Philosopher and spiritual leader. These practices have been passed on through generations, with great reverence and adherence to their exact methods. Strict maintenance of these practices is highly essential and any deviation from the prescribed rituals will disrupt the divine energy or Chaithanya (spiritual force) of the temple. The applicants being Othikans perform an important role in pooja ceremonies, especially Udayasthamana Pooja. 7.1. Guruvayur Ekadasi is one of the most significant annual festivals in the temple, marking a day of deep spiritual reverence and devotion. This special Ekadasi falls on the Shuklapaksham during the month of Vrishchikam. Udayasthamana Pooja is the most important and elaborate pooja on the day. It is the right of the deity Lord Guruvayoorappan that he should be worshiped by the performance of Udayasthamana Pooja conducted by the Othikans. It consists of 21 poojas, which begin on the Dashami night and conclude on Dwadasi morning. The Garbhagriha of the temple is not closed from Dashami night to Dwadasi morning. The Chiralayam Kovilakam held the exclusive privilege of performing Udayasthamana Pooja at Guruvayur Sree Krishna Temple on the auspicious day of Guruvayur Ekadasi until 1970. It consists of 21 poojas, which begin on the Dashami night and conclude on Dwadasi morning. The Garbhagriha of the temple is not closed from Dashami night to Dwadasi morning. The Chiralayam Kovilakam held the exclusive privilege of performing Udayasthamana Pooja at Guruvayur Sree Krishna Temple on the auspicious day of Guruvayur Ekadasi until 1970. The said right of Chiralayam Kovilakam is time immemorial and it is an integral part of the temples' essential and fundamental religious practices. Following the partition of the family in the year 1970, the right to conduct Udayasthamana Pooja was formally divided among four different branches of the Kovilakam through a partition deed. As a result, the responsibility for the conduct of this ritual was spread across various branches of the Kovilakam. The age-old Acharam and Anushtanam in Guruvayur Sree Krishna Temple to conduct Udayasthamana Pooja on the Ekadasi day cannot be altered by the 3rd respondent Tantri or by any other authority. 8. One Sasidhara Raja, a senior member of Chiralayam Kovilakam has filed I.A.No.6 of 2024 seeking an order to get himself impleaded as an additional respondent in this writ petition. By the order dated 04.12.2024, he was impleaded as additional 10th respondent, and the documents produced along with the said application were marked as Annexures R10(a) and R10(b). In the affidavit filed in support of that interlocutory application, it is stated that Sri Adi Sankaracharya devised a unique pooja padhathi called Udayasthamana Pooja on Shuklapaksha Ekadasi of the Malayalam month of Vrishchikam exclusively for the deity of Guruvayur Sree Krishna Temple. Chiralyam Kovilakam was entrusted for properly and consistently performing Udayasthamana Pooja on that day since it was significantly more expensive than any other rituals practised in any other temple during that time. The pooja starts from the late evening of Shukalapaksha Dashami till the late evening of Shuklapaksha Dwadasi, including Ekadasi Vilakku, Dwadasi Oottu and Sreebhoothabali. Until 1971, Chiralayam Kovilakam maintained their right to conduct Udayasthamana Pooja on Guruvayur Ekadasi. Annexure R10(a) partition deed No.1866 of 1950 of the Sub Registrar Office, Kunnamkulam speaks about the right of Chiralayam Kovilakam to conduct Udayasthamana Pooja on Vrishchikam Ekadasi in Guruvayur Sree Krishna Temple. During the year 1971, the erstwhile Guruvayur Devaswom Act, 1971 was brought in, and the administration of the temple came to Guruvayur Devaswom. Annexure R10(a) partition deed No.1866 of 1950 of the Sub Registrar Office, Kunnamkulam speaks about the right of Chiralayam Kovilakam to conduct Udayasthamana Pooja on Vrishchikam Ekadasi in Guruvayur Sree Krishna Temple. During the year 1971, the erstwhile Guruvayur Devaswom Act, 1971 was brought in, and the administration of the temple came to Guruvayur Devaswom. Erstwhile, the administration of the temple was vested with Zamorin Raja of Calicut and the Karanavan was Mallissery Illam at Guruvayur. The provisions of the 1971 Act were struck down, which paved the way for the enactment of the Guruvayur Devaswom Act, 1978. 8.1. When the administration and management of Guruvayur Sree Krishna Temple vested with Guruvayur Devaswom Managing Committee, the Chiralayam Kovilakom entrusted the conduct of Udayasthamana Pooja on Guruvayur Ekadasi day to the Managing Committee. Since then, the Managing Committee has been conducting Udayasthamana Pooja on the day of Shuklapaksha Ekadasi in the month of Vrishchikam, in the same manner as it was conducted before. In the affidavit, it is stated that the decision taken to change the customary practice of conducting Udayasthamana Pooja on the Ekadasi day of Vrishchikam is arbitrary and illegal. In order to change or alter any practice followed in temples, Devaprasnam has to be conducted in the temple, in the presence of all stakeholders. Being the hereditary right holder of Chiralayam Kovilakam, the applicant has the right to be heard and put on notice before any decision is taken in the matter. In Ext.R2(b), the 3rd respondent Tantri has stated that he had taken Devahitham from the deity. On the other hand, he claims that Udayasthamana Pooja on Guruvayur Ekadasi on Vrishchikam is not a customary practice, but an offering by the Devaswom Managing Committee. The applicant would also point out the provisions contained in Section 10 of the Act, which deals with duties of the Managing Committee and also the provisions contained under Section 35 of the Act, which provides that Tantri should be the final authority in the matter of religious affairs of the temple. The applicant would also point out the decision of this Court in Ammannoor Parameswara Chakyar and others v. State of Kerala and others [ 2024 (5) KHC 389 ] in respect of matters relating to Koothambalam of Sree Koodalmanikyam Temple, Irinjalakkuda. The applicant would also point out the decision of this Court in Ammannoor Parameswara Chakyar and others v. State of Kerala and others [ 2024 (5) KHC 389 ] in respect of matters relating to Koothambalam of Sree Koodalmanikyam Temple, Irinjalakkuda. The applicant would also rely on Annexure R10(b) book “Guruvayoorile Seva Viseshangalum Vazhipadukalum” written by Thekkuttumadathil Shankaran Nambidi, which was published in the year 1938, which says about how Udayasthamana Pooja in Guruvayur Sree Krishna Temple is being conducted. 9. The petitioner has filed a reply affidavit dated 29.11.2024 to the counter affidavit filed by respondents 1 and 2, wherein it is stated that as evident from Ext.R1(b) letter dated 25.03.2024 of the 3rd respondent Tantri, the astrological opinion given by the Astrologer Ravunni Panicker is one given in the consultation made in the Tantri Madom on 15.03.2024. The said consultation was after Annexure R1(a) order of this Court dated 06.03.2024 in DBP No.132 of 2023, in which this Court recorded the submission made by the learned Standing Counsel for Guruvayur Devaswom Managing Committee that the Managing Committee has already obtained the opinion of the Tantri on the conduct of Udayasthamana Pooja on Ekadasi day. In the reply affidavit, it is pointed out that Sri.Ravunni Panicker, the Astrologer referred to in Ext.R1(b), is a teacher in the Jyothisha Padana Kendram under Guruvayur Devaswom Managing Committee. The consultation stated to have been made by the 3rd respondent Tantri in the Tantri Madom related to the non-conduct of Udayasthamana Pooja on the day of Vrishchikam Ekadasi. As per historical records, the Pooja Sambradhaya, rituals and custom in Guruvayur Sree Krishna Temple were settled by Adi Sankara during the 70th Century AD. It is strictly followed, observed and protected by temple authorities like Tantri, Othikans and Poojaries till date. The historical dictum of Adi Sankaracharya cannot be overruled by an astrologer without conducting Devaprasnam. Any consultation with regard to Pooja Sambradhaya of the temple shall be conducted within the temple premises, in the presence of the Tantri, Othikans, etc. As evident from Exts.P4 and P5 Prasnacharthu, the Ashtamanglya Prasnam conducted in the years 2015 and 2018 were conducted in the presence of the Tantri, Othikans, Melsanthi, Poojaries, devotees, etc. in the temple premises, which were conducted by reputed Astrologers. As evident from Exts.P4 and P5 Prasnacharthu, the Ashtamanglya Prasnam conducted in the years 2015 and 2018 were conducted in the presence of the Tantri, Othikans, Melsanthi, Poojaries, devotees, etc. in the temple premises, which were conducted by reputed Astrologers. The decision now taken by the Managing Committee in respect of Udayasthamana Pooja on Guruvayur Ekadasi of Vrishchikam is against the interest of the devotees of Lord Guruvayoorappan. Under Section 10 of the Act, the Managing Committee has no right to command the Tantri to change any custom, ritual or practice followed in the temple. The inflow of devotees may increase or decrease subject to various reasons. In Guruvayur Sree Krishna Temple, the most important Ulsavam is Guruvayur Ekadasi conducted on Shuklapaksham day of Vrishchikam, which is for the purpose of purification of the deity by conducting Prayashchitha for the irregular conduct of poojas at any point of time. After the purification process, more Chaithanya is infused into the deity. 9.1. The petitioner has filed another reply affidavit dated 29.11.2024 to the counter affidavit filed by the 3rd respondent, raising contentions similar to that raised in the reply affidavit to the counter affidavit filed by respondents 1 and 2. In the reply affidavit, it is stated that there are two types of deities in Kerala. One installed by Tantri following the procedure prescribed in the Vedas and the other Tantric Texts and there are some temples wherein the deity is considered as Swayambhoo or installed by divine power like Parasurama, Brihaspathy, etc. In Guruvayur Temple, it is believed that the deity was installed by Devaguru Brahaspathy and Vaayu Bhagavan. Therefore, life and Chaithanya were infused to the deity by the divine force. The pooja, rituals and other religious ceremonies were streamlined by Adi Sankaracharya. The role of Tantri is to ensure proper preservation and performance of the established rites, rituals, custom, usage and ceremonies in the temple in accordance with the age-old tradition. The 3rd respondent Tantri himself has written an article in Ext.P6 Guruvayoor Ulsavam Supplement 1996 published by Mathruboomi, wherein he has admitted that the pooja procedure of Guruvayur Sree Krishna Temple was streamlined by Adi Sankaracharya and no deviation is permissible in that procedure. Prior to Vrishchikam Ekadasi, 30 days Chuttuvilakku is conducted in the temple, sponsored by different Government Departments and private individuals. Prior to Vrishchikam Ekadasi, 30 days Chuttuvilakku is conducted in the temple, sponsored by different Government Departments and private individuals. The poojas on the Vrishchikam Ekadasi day was conducted by Chiralayam Kovilakam from time immemorial, till the year 1971, for the welfare of the entire country and subjects. No devotee is allowed to book Udayasthamana Pooja on the day of Vrishchikam Ekadasi. Nowadays, 5 devotees are allowed to book Udayasthamana Pooja on a day. However, no such booking is allowed on the Vrishchikam Ekadasi day, as it is part of a religious ritual and custom to be conducted by the Devaswom Managing Committee. 9.2. On the day of Guruvayur Vrishchikam Ekadasi, even before Vaikom Sathyagraha of 1924 and Guruvayur Sathyagraha of 1931, all Hindus, irrespective of any caste discrimination were allowed to enter the temple and offer worship. Since Guruvayur Ekadasi and Udayasthamana Pooja were streamlined by Adi Sankara and the said ritual was observed very systematically and religiously without any change at any point of time, even the 3rd respondent Tantri does not have any right to change that ritual. Earlier, Udayasthamana Pooja was conducted by the Zamorin Raja of Kozhikode and Chiralayam Royal Family at Kunnamkulam, which has been described in the book titled “Mohanathejassu”, which was published in the year 1932. The right of the Chiralayam Royal Family to conduct Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi has been recorded in the partition deed No.1866 of 1950 of the Sub Registrar Office, Kunnamkulam. 9.3. In the book titled “Guruvayoorile Seva Viseshangalum Vazhipadukalum” written by Thekkuttumadathil Shankaran Nambidi, which was published in the year 1938, the details of Udayasthamana Pooja on the Ekadasi day has been included. In the book titled “Sacred Complex of Guruvayur Temple” authored by Dr.P.R.G.Mathur and in the Special Edition of the Hindu there are articles on Udayasthamana Pooja on the Ekadasi day of Vrishchikam. In the book titled “Sacred Complex of Guruvayur Temple” authored by Dr.P.R.G.Mathur and in the Special Edition of the Hindu there are articles on Udayasthamana Pooja on the Ekadasi day of Vrishchikam. Regarding the averment in the counter affidavit filed by the 3rd respondent Tantri that the free flow of devotees for darshan of the deity will have to be stopped for a pretty long time if Udayasthamana Pooja is conducted on the Ekadasi day of Vrishchikam, the petitioner would point out that Udayasthamana Pooja consists of 21 poojas, which begins on the previous day after the ceremonial custom of measurement of rice and concludes on the third day with Uchapooja around 1.00 p.m. In between every pooja, the Sreekovil will be opened to enable the devotees to have darshan. Every day Sreekovil will be closed for darshan around 10.00 p.m. However, on Dashami and Vrishchikam Ekadasi days, the Sreekovil will be kept open continuously for 57 hours. Whether there is a free flow of devotees or not, the Tantri is duty-bound to perform all rituals and poojas, irrespective of the crowd of devotees. 9.4. The statutory duty of the Managing Committee is to make arrangements for the conduct of daily worship and ceremonies and of the festivals in Guruvayur Sree Krishna Temple according to the usage and to make arrangements for the convenience of the devotees by providing facilities like drinking water, refreshment, etc. during the waiting period, as done in major temples like Thirupathi, etc. In the year 1971, the Managing Committee, in its meeting held on 20.03.1971, decided to constitute a committee to conduct a detailed study on the working of the rituals performed in Guruvayur Sree Krishna Temple to suggest necessary changes in the existing system. The document marked as Ext.P7 is a true copy of the relevant extract of the minutes of that meeting held on 20.03.1971. The said committee submitted a report in which it was observed that it would be beyond the jurisdiction and right of the committee to interfere with the system prevalent in Guruvayur Sree Krishna Temple regarding poojas and other rituals. The custom and ancient system applied and followed in the temple must be respected and continued without any change or deviation. The said committee submitted a report in which it was observed that it would be beyond the jurisdiction and right of the committee to interfere with the system prevalent in Guruvayur Sree Krishna Temple regarding poojas and other rituals. The custom and ancient system applied and followed in the temple must be respected and continued without any change or deviation. In the report submitted by the said committee, a relevant extract of which forms part of Ext.P7, it was observed that the present system of poojas and other rituals in the temple to continue under the control of the Tantri. In that report, the committee has also stated that it is believed that the poojas and rituals in Guruvayur Sree Krishna Temple were fixed and determined by Adi Sankara and that arrangement is being continued. 9.5. The document marked as Ext.P8 is a press report that appeared in Malayala Manorama Daily dated 28.11.2024 regarding the statement made by Sri.Kanipayyoor Krishnan Namboodiri that the Udayasthamana Pooja on the Ekadasi day of Vrishchikam is one fixed by Adi Sankara, which is not a Vazhipadu. It is done annually in order to increase the divinity of the deity. In order to ensure that it is performed every year, the responsibility was given to Chiralayam Raja. From the year 1971, it was entrusted to the Managing Committee. In the reply affidavit, it is stated that the number of poojas a day and the time of performance are bound by the rules made strictly applicable to Guruvayur Sree Krishna Temple. The rituals being Ulsavas are very elaborate and have their own special features. 10. Heard detailed arguments on 03.12.2024, 04.12.2024 and 05.12.2024. The learned counsel for the petitioners contended that the conduct of Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day is an age-old religious practice followed in Guruvayur Sree Krishna Temple, which cannot be altered or caused to be altered by the 3rd respondent Tantri or the 1st respondent Managing Committee, in view of the provisions contained in Sections 10(a), 34 and 35(2) of the Guruvayur Devaswom Act, 1978 Rule 6 of the Guruvayur Devaswom Rules, 1980 and Article 13 of the Constitution of India. 10.1. The learned counsel for the petitioners and also the respective counsel for the 5th respondent, respondents 6 to 9 and the 10th respondent contended that the unique Acharams (traditions), religious practices (usages), daily rituals, rites, etc. 10.1. The learned counsel for the petitioners and also the respective counsel for the 5th respondent, respondents 6 to 9 and the 10th respondent contended that the unique Acharams (traditions), religious practices (usages), daily rituals, rites, etc. in Guruvayur Sree Krishna Temple are believed to have been streamlined by Adi Shankaracharya. Strict maintenance of the prescribed Acharams, religious practices, rituals, rites, etc. is highly essential. Any deviation from the prescribed Acharams, usages, rituals, rites, etc. will disrupt the divine energy or Chaithanya of the deity. 10.2. The learned counsel for the petitioners contended that Udayasthamana Pooja on the Ekadasi day of Vrishchikam is not a Vazhipadu. It is conducted to increase the divinity of the deity. It is a religious practice, which is being followed in the temple for time immemorial. It cannot be discontinued by the 3rd respondent Tantri or the 1st respondent Managing Committee. The learned counsel for the petitioners pointed out that even before Vaikom Sathyagraha of 1924 and Guruvayur Sathyagraha of 1931, on the day of Guruvayur Vrishchikam Ekadasi, all Hindus, irrespective of any caste discrimination were allowed to enter the temple and offer worship. 10.3. The learned counsel for the 10th respondent pointed out that earlier, Udayasthamana Pooja was conducted by the Zamorin Raja of Kozhikode and Chiralayam Royal Family at Kunnamkulam, which has been described in the book titled ‘Mohanathejassu’, which was published in the year 1932. The right of Chiralayam Kovilakam to conduct Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi has been recorded in Annexure R10(a) partition deed No.1866 of 1950 of the Sub Registrar Office, Kunnamkulam. In Annexure R10(b) book titled “Guruvayoorile Seva Viseshangalum Vazhipadukalum” written by Thekkuttumadathil Shankaran Nambidi, which was published in the year 1938, the details of Udayasthamana Pooja on the Ekadasi day have been included. 10.4. The learned counsel for the 10th respondent submitted that Udayasthamana Pooja on the Ekadasi day was entrusted to Chiralayam Kovilakam, since it was significantly more expensive than any other rituals practised in any other temple during that time. Until 1971, Chiralayam Kovilakam maintained the right to conduct Udayasthamana Pooja on the Ekadasi day. When the administration and management of the temple vested with Guruvayur Devaswom Managing Committee, the Kovilakam entrusted the conduct of Udayasthamana Pooja on the Ekadasi day to the Managing Committee. 10.5. Until 1971, Chiralayam Kovilakam maintained the right to conduct Udayasthamana Pooja on the Ekadasi day. When the administration and management of the temple vested with Guruvayur Devaswom Managing Committee, the Kovilakam entrusted the conduct of Udayasthamana Pooja on the Ekadasi day to the Managing Committee. 10.5. The learned counsel for the petitioners pointed out that the committee, which was constituted based on the decision taken by the Managing Committee on 20.03.1971, to conduct a detailed study on the working of the rituals performed in Guruvayur Sree Krishna Temple and to suggest necessary changes in the existing system, submitted Ext.P7 report, in which it was observed that it would be beyond the jurisdiction and right of the committee to interfere with the system prevalent in Guruvayur Sree Krishna Temple regarding poojas and other rituals. The said committee found that custom and ancient systems applied and followed in the temple must be respected and continued without any change or deviation. In that report, the committee stated that it is believed that the poojas and rituals in Guruvayur Sree Krishna Temple were fixed and determined by Adi Sankara and that arrangement is being continued. 10.6. The learned counsel for the petitioners pointed out that as per Ext.P4 Prashnacharthu of the Ashtamangalya Prasnam conducted on 11.05.2015 and Ext.P5 Prashnacharthu of the Ashtamangalya Prasnam conducted on 26.09.2018, in which more than seven Astrologers participated, which were conducted openly within the temple premises in the presence of the Ooralan, the devotees, the temple employees, etc., the existing custom and rituals should be followed in the temple. As per Ext.R1(b) letter dated 25.03.2024, the opinion given by the 3rd respondent Tantri is one after ascertaining Devahitham, after obtaining the opinion of an Astrologer Ravunni Panicker, in the consultation made in the Tantri Madom on 15.03.2024. The said Astrologer is a teacher in the Jyothisha Padana Kendram under Guruvayur Devaswom Managing Committee. 10.7. The learned counsel for the petitioners contended that the Pooja Sambradhaya, rituals and custom in Guruvayur Sree Krishna Temple, which were settled by Adi Sankara during the 70th Century AD, cannot be overruled by an astrologer without conducting Devaprasnam. Any consultation with regard to Pooja Sambradhaya of the temple shall be conducted within the temple premises, in the presence of the Tantri, the Othikans, etc. Any consultation with regard to Pooja Sambradhaya of the temple shall be conducted within the temple premises, in the presence of the Tantri, the Othikans, etc. The learned counsel for the petitioners and also the respective counsel for the 5th respondent, respondents 6 to 9 and the 10th respondent contended that the decision now taken by the Managing Committee in respect of Udayasthamana Pooja on Guruvayur Ekadasi of Vrishchikam is against the interest of the deity and also the devotees of Lord Guruvayoorappan. The inflow of devotees on Vrishchikam Ekadasi day is not a valid reason to change an age-old religious practice followed in the temple of conducting Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day. Moreover, under Section 10 of the Act, the Managing Committee has no right to command the 3rd respondent Tantri to change an age-old religious practice followed in Guruvayur Sree Krishna Temple. The learned counsel for respondents 6 to 9 contended that the said respondents, being Othikans, perform an important role in pooja ceremonies, especially Udayasthamana Pooja. It is the right of the deity that he should be worshipped on Vrishchikam Ekadasi on the Shuklapaksham day by the performance of Udayasthamana Pooja by the Othikans. 11. The learned Standing Counsel for Guruvayur Devaswom Managing Committee for respondents 1 and 2 and the learned Senior Counsel for the 3rd respondent Tantri submitted that Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day is not a ritual. It is only an offering (Vazhipadu), as opined by the Tantri in Ext.R1(b) communication dated 25.03.2024, addressed to the Administrator. 11.1. The learned Standing Counsel submitted that Udayasthamana pooja on Vrishchikam Ekadasi on the Shuklapaksham day consumes around 5 hours of hassle-free darshan of the devotees. On an evaluation of crowd behaviour patterns and space availability, the Managing Committee requested the Tantri to explore the possibility of making alternate arrangements regarding Udayasthamana Pooja on the Ekadasi day, during the previous years as well. The Tantri informed that he needs to ascertain Devahitham for making any changes. On 15.03.2024, the Tantri ascertained Devahitham to shift Udayasthamana Pooja offered by the Managing Committee on Shuklapaksha Ekadasi day of Vrishchikam to Shuklapaksha Ekadasi day of Thulam. In that process, it was found that there is a positive Devahitham in favour of such a decision. The Tantri informed that he needs to ascertain Devahitham for making any changes. On 15.03.2024, the Tantri ascertained Devahitham to shift Udayasthamana Pooja offered by the Managing Committee on Shuklapaksha Ekadasi day of Vrishchikam to Shuklapaksha Ekadasi day of Thulam. In that process, it was found that there is a positive Devahitham in favour of such a decision. Hence, it was decided that from the year 2024 onwards, Udayasthamana Pooja offered by the Managing Committee on the Ekadasi day of Vrishchikam can be conducted on the Ekadasi day of Thulam, as stated in Ext.R1(b) communication dated 25.03.2024 of the Tantri, addressed to the Administrator, which will facilitate a darshan for devotees free from the closure of the Sanctum Sanctorum for Udayasthamana Pooja. 11.2. The learned Standing Counsel submitted that the opinion given by the Tantri in Ext.R1(b) was considered in the meeting of the Managing Committee held on 12.09.2024, and it was decided that from the year 2024 onwards, Udayasthamana Pooja offered by the Managing Committee on the Ekadasi day of Vrishchikam can be conducted on the Ekadasi day of Thulam. In view of the provisions under Section 35 of the Act, Tantri is the supreme authority as far as spiritual matters in the temple are concerned. The learned Standing Counsel and the learned Senior Counsel for the 3rd respondent Tantri submitted that several ceremonies and rituals in the temple have already been changed by the former Tantries. Earlier, Udayasthamana Pooja was conducted on Saturdays, Sundays, Onam vacation, etc. Later, it was decided to avoid Udayasthamana Pooja on holidays and vacations, in order to reduce the inconvenience caused to the devotees. 11.3. The learned Standing Counsel pointed out that, in the counter affidavit filed by respondents 1 and 2, the said respondents have denied the averment in the writ petition that till the year 1970, the privilege to conduct Udayasthamana Pooja on the Vrishchikam Ekadasi day in Guruvayur Sree Krishna Temple was with Chiralayam Kovilakom. There is no such right to perform Udayasthamana Pooja. As stated in the counter affidavit, the Managing Committee has been conducting Udayasthamana Pooja on the Vrishchikam Ekadasi day, since the year 1972, as an offering and not as part of an indispensable ritual. 11.4. There is no such right to perform Udayasthamana Pooja. As stated in the counter affidavit, the Managing Committee has been conducting Udayasthamana Pooja on the Vrishchikam Ekadasi day, since the year 1972, as an offering and not as part of an indispensable ritual. 11.4. The learned Standing Counsel for the Managing Committee and the learned Senior Counsel for the 3rd respondent Tantri contended that Tantri’s decision not to conduct Udayasthamana Pooja on Vrishchikam Ekadasi is not against the custom, rituals or established usage prevailing in Guruvayur Sree Krishna Temple. The learned Senior Counsel contended that, in view of the provisions under Section 35 of the Act, Tantri is the supreme authority as far as spiritual matters in the temple are concerned. Further, Section 10(g) of the Act casts a statutory duty on the Managing Committee to make arrangements for the convenience of the worshipers. 11.5. The learned Standing Counsel for the Managing Committee and the learned Senior Counsel for the 3rd respondent Tantri contended that a statutory obligation is on the Managing Committee, under Section 10(g) of the Act, to do all such things as may be incidental and conducive to the effective management of the affairs of the Devaswom and the convenience of the worshipers. Permitting more darshan time to worshipers on the Ekadasi day is therefore made in the discharge of that statutory duty, by following the advice of the Tantri in spiritual, ritual and ceremonial matters, as per Section 35(2) of the Act. 11.6. The learned Senior Counsel for the 3rd respondent Tantri relied on the decision of the Apex Court in Srivari Daadaa v. Tirumala Tirupati Devasthanams [Order dated 16.11.2021 in SLP(C)No.6554 of 2021], wherein it was held that the procedure of conducting rituals is in the exclusive domain of the Devasthanam and cannot be a matter of adjudication by any court unless it affects secular or civil rights of others. These issues have to be looked into by the pandits, scholars or advisors in accordance with the temple customs or the established practices and procedures. These are not the issues for which the court possesses expertise. 11.7. The learned Senior Counsel for the 3rd respondent Tantri submitted that, as stated in the counter affidavit, the belief that Adi Sankara visited Guruvayur Sree Krishna Temple is part of a legend. It is only a belief. These are not the issues for which the court possesses expertise. 11.7. The learned Senior Counsel for the 3rd respondent Tantri submitted that, as stated in the counter affidavit, the belief that Adi Sankara visited Guruvayur Sree Krishna Temple is part of a legend. It is only a belief. The custom, ritual and essential practices attached to the temple are strictly followed by the Tantri and he has not allowed any deviation from the usual practice. The office of Tantri vests in the senior-most male member of the family. There is no rule or practice that all decisions of the Tantri must be endorsed by Devaprasnam. In certain cases, when Tantri needs divine support for his decision, he will go for Devahitham. Ashtamangalya Prasnam is performed on different subjects. As Tantri, the 3rd respondent has not done anything against the spirit of Exts.P4 and P5. 11.8. The learned Standing Counsel for the Managing Committee and the learned Senior Counsel for the 3rd respondent Tantri contended that if the performance of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day is a custom or religious practice, the same has to be established before a competent civil court and the petitioners cannot agitate that matter in a writ petition filed under Article 226 of the Constitution of India. 12. 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. 13. 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 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. 14. 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. 15. 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. 15. 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. 16. 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 the management of Devaswom properties, is legally bound to perform its duties with utmost care and caution. 17. 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 subsection (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 subsection (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. 18. 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. 19. In Suo Motu v. Guruvayur Devaswom Managing Committee [ (2022) 6 KLT 849 ] a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party 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. 20. 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 v. Guruvayur Devaswom Managing Committee [ (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. 21. In Gopalakrishnan Nair v. State of Kerala [ (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. 22. 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. 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. 23. 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. 23. In paragraph 36 of the decision in Gopalakrishnan Nair [ (2005) 11 SCC 45 ], the Apex Court reiterated that although the 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. It is the secular aspect of the management that is vested in the Managing Committee. 24. In Rajesh A. Nair v. State of Kerala [ 2023 (1) KHC 678 ] a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party was dealing with a writ petition in which the petitioner, who is a devotee of Lord Guruvayurappan of Guruvayur Sree Krishna Temple, sought a writ of mandamus commanding Guruvayur Devaswom Managing Committee to resume/revert to the customary practice of ‘Prasada Oottu’ on plantain leaves at Guruvayur Sree Krishna Temple, forthwith. 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. Around 5,000 to 7,000 devotees usually take Prasada Oottu during weekends. For the last more than 10 to 15 years, Prasada Oottu has been conducted in Annalakshmi Hall, which is located outside the Valiyambalam of Guruvayur Sree Krishna Temple. The petitioner contended that the decision taken by 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. The learned Standing Counsel for Guruvayur Devaswom Managing Committee pointed out that the cost of each plantain leaf comes around Rs.9/- to Rs.10/-. Around 5,000 to 7,000 devotees usually take Prasada Oottu during weekends. In view of the interim order dated 31.07.2017, the 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. Some of the devotees have already offered to sponsor automated dishwashing system at Annalakshmi Hall in Guruvayur Sree Krishna Temple. 25. In Rajesh A. Nair [ 2023 (1) KHC 678 ] the Division Bench held 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 Guruvayur Devaswom Managing Committee. Admittedly, in Prasada Oottu, the devotees are served ‘Uppumavu’ in steel plates. Admittedly, in Prasada Oottu, the devotees are served ‘Uppumavu’ in steel plates. Therefore, the decision taken by the 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 the exercise of the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India on the decision taken by the Managing Committee on 01.07.2017 to use steel plates instead of plantain leaves for Prasada Oottu. 26. In Aruna Roy v. Union of India [ (2002) 7 SCC 368 ] the Apex Court considered the importance of moral values in religions and it was observed that religion is the foundation for the value-based survival of human beings in a civilised society. The force and sanction behind civilised society depend on moral values. Religion should not be misunderstood. The secular democracy requires even a very weak man hopes to prevail over a very strong man on the strength of rule of law by proper understanding of duties towards the society. 27. In Sarika v. Shri Mahakaleshwar Mandir Committee [ (2018) 17 SCC 112 ] the Apex Court noticed that there is a pious purpose of all the religious activities, no religion breeds hatred. It is in order to bring harmony and to understand basic human values and for self-realisation and to visualise the concept of equality of pilgrimages by the various sections of people of various religions. Secularism is the basic structure of the Constitution that has to be given the meaning that is developing understanding and respect towards different religions. The essence of secularism is non-discrimination of people by the State on the basis of religious differences. In Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [ AIR 1954 SC 282 ] the Apex Court considered the concept of religion under Article 25 of the Constitution of India. The essence of secularism is non-discrimination of people by the State on the basis of religious differences. In Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [ AIR 1954 SC 282 ] the Apex Court considered the concept of religion under Article 25 of the Constitution of India. It has been observed that it secures to every person, subject to public order, health and morality, a freedom not only to entertain such religious belief, as may be approved of by his judgment and conscience, but also to exhibit his belief in such outward acts as he thinks proper and to propagate or disseminate his ideas for the edification of others. 28. In Sarika [ (2018) 17 SCC 112 ] the Apex Court noticed that there is a constitutional obligation to preserve the religious practices of all religions, culture and there is also a corresponding duty to act in that direction. [Para.15] The Apex Court held that it is for the experts in the field of religion to decide about the rituals and ceremonies to be performed. It is not for the Court to make suggestions in this regard. It is not within the jurisdiction of the Court to dictate or prescribe or restrain the religious practices and pujas to be performed in the temple. The religious practices and pujas are required to be performed in accordance with the ancient rituals and practices. Paragraphs 44 and 45 of that decision read thus; "44. With respect to the method of “lingarchan” i.e., the method of linga pooja, the 27th chapter of “Ling Mahapuranm” has been placed on record. That contains a detailed method of lingarchan running into 54 strotam. Apart from that “Shiv Mahapuranam”, Vayveey Sanhita containing details of Shastrokt Shiv Poojan method in twenty-forth chapter has been placed on record. Pooja of different lingam may be somewhat different. It is for the experts in the field of religion to decide about the rituals and ceremonies to be performed. It is not for this Court to make suggestions in this regard. 45. It is not within the jurisdiction of this Court to dictate or to prescribe or restrain the religious practices and pujas to be performed in temple. It is for the experts in the field of religion to decide about the rituals and ceremonies to be performed. It is not for this Court to make suggestions in this regard. 45. It is not within the jurisdiction of this Court to dictate or to prescribe or restrain the religious practices and pujas to be performed in temple. They are required to be performed, as rightly pointed out, in accordance with the ancient rituals and practices but, at the same time, it has to be ensured that no damage is caused to the lingam. The temple which is known as Mritunjaya Mahadev and is most ancient Jyotirlingam in one of the ancient cities of India, Ujjain. “Simhast” is also organised 6 years and 12 years which has international importance visited by several millions of people. The Government spends thousands of crores of rupees for development of infrastructure in Ujjain for each such occasion and lot of development has taken place. Owing to all these development work, Ujjain has come up. But at the same time very cause of all developments, the Lingam of Lord Shiva requires to be preserved, protected by way of preventive conservation methods.” (underline supplied) 29. In Srivari Daadaa v. Tirumala Tirupati Devasthanams [Order dated 16.11.2021 in SLP(C)No.6554 of 2021] a Three-Judge Bench of the Apex Court was dealing with a case in which the Special Leave Petition was against the judgment dated 05.01.2021 of the High Court of Andhra Pradesh in W.P.(PIL)No.254 of 2020, whereby the High Court dismissed that writ petition seeking a writ of mandamus to declare the action of the respondent-Tirumala Tirupati Devasthanams in following the irregular procedure in performing Sevas to Lord Shri Venkateshwara Swamy contrary to the procedure prescribed under ‘Agama Shastra’ and deciding not to obtain declaration form from devotees other than Hindus as arbitrary, illegal and consequently direct the respondent to follow the correct procedure prescribed under ‘Agama Shastra’ while performing the Sevas to Lord Shri Venkateshwara Swamy and obtain declaration form from the devotees other than Hindus before making Darshan. After considering the rival submissions, the Apex Court noticed that the reliefs sought by the petitioner, who appeared in person, are in the nature of interfering with the day-to-day rituals in respect of the temple, which cannot be gone into by the Court. 30. After considering the rival submissions, the Apex Court noticed that the reliefs sought by the petitioner, who appeared in person, are in the nature of interfering with the day-to-day rituals in respect of the temple, which cannot be gone into by the Court. 30. In Srivari Daadaa (supra) the Apex Court held that, whether any ritual or sewa is being performed in a prescribed way or whether there is any deviation from established practice would raise disputed questions of fact which cannot be decided in a writ petition. The procedure of conducting rituals is in the exclusive domain of the Devasthanam and cannot be a matter of adjudication by any court unless it affects secular or civil rights of others. These issues have to be looked into by the pandits or the scholars or the advisors in accordance with the temple customs or the established practice and procedure. These are not the issues for which the Court possesses expertise. So, if the Sevas, Utsavams and Darshanams in the temple are not being done according to the set principles, the petitioner will be at liberty to approach the civil court or the competent authority and prove his claims with evidence, and it is for the respondent-Devasthanam to defend the same in accordance with law. At the same time, other than rituals, if the Devasthanam is ignoring the rules and regulations or indulging in any other violation of the prescribed procedure, etc., then the respondent Devasthanam can consider these issues and clarify the same. 31. In Suo Motu v. State of Kerala and others [ 2022 (3) KLT 53 ] a Division Bench of this Court in which one among us [Anil K. Narendran, J.] was a party was dealing with a case in which the issue raised was one relating to the performance of 'Panthrandu Namaskaram' in Sree Poornathrayeesa Temple at Thripunithura, which is under the management of Cochin Devaswom Board. The Division Bench held that in view of the provisions under sub-section (2) of Section 62 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, notwithstanding the provisions contained in sub-section (1) of Section 62, the regulation and control of all rituals and ceremonies in Sree Poornathrayeesa Temple at Thripunithura, shall continue to be exercised as hitherto by the Ruler of Cochin. Similarly, in view of the provisions under Section 73A of the Act, it shall be the duty of the Cochin Devaswom Board to see that regular traditional rites according to practice prevalent in Sree Poornathrayeesa Temple are performed promptly. Therefore, no interference with the religious rites, namely, 'Panthrandu Namaskaram' performed in Sree Poornathrayeesa Temple, by the Thanthri is legally permissible either by the Cochin Devaswom Board or by the State. As held by the Apex Court in Sarika [ (2018) 17 SCC 112 ], there is a constitutional obligation to preserve the religious practices of all religions and there is also a corresponding duty to act in that direction. The religious practices and pujas are required to be performed in accordance with the ancient rituals and practices and it is not for Cochin Devaswom Board or the State to interfere with such practices. In that view of the matter, even the decision taken by the Cochin Devaswom Board to change the name of the ritual as 'Samaradhana' is legally unsustainable. 32. In Ammanoor Parameswaran Chakyar v. State of Kerala [ 2024 (5) KHC 389 ], a division Bench of this Court, in which one among us [Anil K. Narendran, J] was a party, was dealing with a hereditary right to perform ‘Koothu’ and ‘Koodiyattam’ in the Koothambalam of Koodalmanikyam Temple, which is a temple under the management of Koodalmanikyam Devaswom Managing Committee, governed by the provisions under the Koodalmanikyam Devaswom Act, 2005. The question that arose for consideration was whether ‘Koothu’ and ‘Koodiyattam’ performed in the Koothambalam of Koodalmanikyam Temple is a customary, religious, ritualistic and ceremonial worship before the Deity. Decision No.1 taken by the Managing Committee (Ext.P1) was under challenge in that writ petition by contending that it is ultra vires the provisions of Sections 10 and 35 of the Koodaalmanikyam Devaswom Act, inasmuch as the Managing Committee decided so without the consent of the Tantri. In the said decision, it was held that when a customary religious practice prevailing in the temple is to be changed, it is for the Tantri to take a decision in the matter. The objection [Ext.R11(a)] put in by respondents 7 to 11 therein to the decision contained in Ext.P1 would show that there was an objection to the change in the religious practice concerning ‘Koothu’ and ‘Koodiyattam’ in the Koothambalam of Koodalmanikyam Temple. The objection [Ext.R11(a)] put in by respondents 7 to 11 therein to the decision contained in Ext.P1 would show that there was an objection to the change in the religious practice concerning ‘Koothu’ and ‘Koodiyattam’ in the Koothambalam of Koodalmanikyam Temple. Inasmuch as the presence of Tantri in the Managing Committee while taking a decision does not make it valid. 33. In the instant case, the issue raised centres around the conduct of Vrischikam Ekadasi in Guruvayur Sree Krishna Temple on the Shuklapaksham day. For the current year, i.e., 1200ME, Vrischikam Ekadasi is on 11.12.2024. According to the petitioners and party respondents, the conduct of Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day is an age-old religious practice followed in Guruvayur Sree Krishna Temple, which cannot be altered or caused to be altered by the 3rd respondent Tantri or the 1st respondent Managing Committee. On the other hand, according to the Managing Committee and the Tantri, Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day is not a ritual. It is only an offering (Vazhipadu), as opined by the Tantri in Ext.R1(b) communication dated 25.03.2024, addressed to the Administrator. 34. In order to show that Udayasthamana Pooja is not a Nithyapooja in Guruvayur Sree Krishna Temple, which is only a Vazhipadu, the learned Standing Counsel for the Managing Committee has made available for the perusal of this Court the 'Nithyapooja Kramangal' in the temple printed in Guruvayur Devaswom Diary of 2024. The learned Standing Counsel submitted that Nithyapooja Kramangal in the temple consists of Enna Abhishekam, Vaakacharthu and Sankhabhishekam performed between 3.10 a.m. and 3.45 a.m.; Malar Nivedyam and Mukhaalankaram performed between 3.45 a.m. and 4.05 a.m.; Ushanivedyam performed between 4.30 a.m. and 4.45 a.m.; Ethirettu Pooja and Ushapooja performed between 4.45 a.m. and 6.15 a.m.; Paalabhishekam, Navakaabhishekam, Pantheeradi Nivedyam performed between 7.15 a.m. and 9.00 a.m.; Nivedyam-Uchapooja performed between 11.30 a.m. and 1.00 p.m.; Deeparadhana performed between 6.15 p.m. and 6.45 p.m.; Nivedyam and Athazhapooja performed between 6.45 p.m. and 8.15 p.m.; and Thrippuka and Olavaayana performed between 9.00 p.m. and 9.15 p.m. The list of offerings (vazhipadus) in Guruvayur Sree Krishna Temple consists of 78 items, of which Udayasthamana Pooja is Serial No.43. Presently bookings for Udayasthamana Pooja is available only after the year 2030. Presently bookings for Udayasthamana Pooja is available only after the year 2030. The learned Senior Counsel for the 3rd respondent Tantri has also referred to a book titled “Jagathguru Sree Sankaracharyar - Jeevithavum Darshanavum Krithikalum”, authored by Dr.V.S.Warrier. In the chapter titled Sarvanjakandam, the author has dealt with Aasethuhimachalayathra of Adi Sankaracharyar, in which reference has been made to the first darshan of Adi Sankaracharyar and his disciples in Guruvayur Sree Krishna Temple. 35. During the course of arguments, on a query made by this Court, the learned Standing Counsel for the Managing Committee and also the learned counsel for the 3rd respondent Tantri would submit that though any devotee can offer Udayasthamana Pooja in Guruvayur Sree Krishna Temple as a Vazhipadu on the available days, the Udayasthamana Pooja on Vrishchikam Ekadasi of Shuklapaksham day is offered by Guruvayur Devaswom Managing Committee from the year 1971 onwards. Prior to that, it was offered by Chiralayam Kovilakam, in continuation of the offering by Chiralayam Raja. 36. Relying on the provisions contained in Sections 10(a), 34 and 35(2) of the Guruvayur Devaswom Act, 1978, Rule 6 of the Guruvayur Devaswom Rules, 1980 and Article 13 of the Constitution of India, the learned counsel for the petitioners and the respective counsel for the party respondents would contend that the conduct of Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day, which is an age-old religious practice followed in Guruvayur Sree Krishna Temple, cannot be altered or caused to be altered by the 3rd respondent Tantri or the 1st respondent Managing Committee. In support of the said contention, the learned counsel for the petitioners and also the respective counsel for the party respondents referred to various books like the book titled ‘Mohanathejassu’, which was published in the year 1932, the book titled “Guruvayoorile Seva Viseshangalum Vazhipadukalum” written by Thekkuttumadathil Shankaran Nambidi, which was published in the year 1938, a relevant extract of which is marked as Annexure R10(b) in I.A.No.6 of 2024 filed by one Sasidhara Raja, a senior member of Chirakayam Kovilakom. Annexure R10(b) and other books referred to by the learned counsel would show the conduct of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day. Annexure R10(b) and other books referred to by the learned counsel would show the conduct of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day. The conduct of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi is referred to in the schedule to Annexure R10(a) partition deed of Chirakayam Kovilakom, which is a document of the year 1950. 37. During the course of arguments, the learned counsel for the petitioners and the respective counsel for party respondents contended that Udayasthamana Pooja on the Ekadasi day of Vrishchikam is conducted to increase the divinity of the deity, which is a religious practice followed in the temple for time immemorial. It is the right of the deity that he should be worshipped on Vrishchikam Ekadasi by the performance of Udayasthamana Pooja by the Othikans. 38. On the above aspect, the specific stand taken by the 3rd respondent Tantri is that Udayasthamana Pooja on Vrishchikam Ekadasi on the Shuklapaksham day is not a ritual. It is only an offering (Vazhipadu). The 3rd respondent Tantri expressed such an opinion in Ext.R1(b) communication dated 25.03.2024, addressed to the Administrator. It is pertinent to note at this juncture that the stand taken by additional 10th respondent in the affidavit filed in support of I.A.No.6 of 2024 and the submission made by the learned counsel for the said respondent is that Udayasthamana Pooja on the Ekadasi day was entrusted to Chiralayam Kovilakam, since it was significantly more expensive than any other rituals practised in any other temple during that time. 39. Since the year 1972, the Managing Committee has been conducting Udayasthamana Pooja on the Vrishchikam Ekadasi day. The said fact is not in dispute. The expenses for Udayasthamana Pooja when it is offered as Vazhipadu by a devotee and when it is conducted by the Managing Committee are one and the same. The said fact is also not in dispute. In the counter affidavit filed by respondents 1 and 2, the said respondents have denied the averment in the writ petition that till the year 1970, the privilege to conduct Udayasthamana Pooja on the Vrishchikam Ekadasi day in Guruvayur Sree Krishna Temple was with Chiralayam Kovilakom. According to respondents 1 and 2, there is no such right to perform Udayasthamana Pooja. 40. According to respondents 1 and 2, there is no such right to perform Udayasthamana Pooja. 40. The specific contention of the petitioners and the party respondents is that the unique Acharams, usages, rituals, rites, etc. in Guruvayur Sree Krishna Temple are believed to have been streamlined by Adi Shankaracharya. Any deviation from the prescribed Acharams, usages, rituals, rites, etc. will disrupt the divine energy or Chaithanya of the deity. In support of the said contention, they would rely on the observations made in Ext.P7 report by the committee constituted by the Management Committee on 20.03.1971, to conduct a detailed study on the working of the rituals performed in Guruvayur Sree Krishna Temple to suggest necessary changes in the existing system. The learned counsel for the petitioner pointed out an article written by the 3rd respondent Tantri in Ext.P6 Guruvayur Ulsavam Supplement 1996 published by Mathruboomi, in which it is stated that the pooja procedure of Guruvayur Sree Krishna Temple was streamlined by Adi Sankaracharya and no deviation is permissible in that procedure. However, the stand taken by the Tantri in the counter affidavit is that the belief that Adi Sankara visited Guruvayur Sree Krishna Temple is part of a legend. It is only a belief. 41. In Guruvayur Sree Krishna Temple, the office of Tantri vests in the senior-most male member of Puzhakkara Chennas Mana. The writ petitioners are also members of that family. The specific stand taken in the counter affidavit filed by the 3rd respondent Tantri is that the custom, ritual and essential practices attached to the temple are strictly followed and the Tantri has not allowed any deviation from the usual practice. Regarding the procedure adopted for knowing Devahitham, the stand taken in the counter affidavit filed by the 3rd respondent is that there is no rule or practice that all decisions of the Tantri must be endorsed by Devaprasnam. In certain cases, when Tantri needs divine support for his decision, he will go for Devahitham. Ashtamangalya Prasnam is performed on different subjects. Further, the Tantri has not done anything against the spirit of Ext.P4 Prashnacharthu of the Ashtamangalya Prasnam conducted on 11.05.2015 and Ext.P5 Prashnacharthu of the Ashtamangalya Prasnam conducted on 26.09.2018. 42. In certain cases, when Tantri needs divine support for his decision, he will go for Devahitham. Ashtamangalya Prasnam is performed on different subjects. Further, the Tantri has not done anything against the spirit of Ext.P4 Prashnacharthu of the Ashtamangalya Prasnam conducted on 11.05.2015 and Ext.P5 Prashnacharthu of the Ashtamangalya Prasnam conducted on 26.09.2018. 42. In view of the stand taken by the 3rd respondent Tantri in the counter affidavit dated 26.11.2024 that Udayasthamana Pooja performed in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day is not part of the temple Acharams or traditions, which is only a Vazhipadu performed by the Managing Committee, the question as to whether the performance of Udayasthamana Pooja on that day is a temple Acharam or tradition in Guruvayur Sree Krishna Temple has to be established before a competent civil court and the petitioners cannot agitate that disputed question of fact in a writ petition filed under Article 226 of the Constitution of India. 43. In Ammanoor Parameswaran Chakyar v. State of Kerala [ 2024 (5) KHC 389 ] a division Bench of this Court set aside Decision No.1 taken by the Managing Committee of Koodaalmanikyam Devaswom, since the Managing Committee took that decision without the consent of the Tantri and that the presence of Tantri in the Managing Committee while taking a decision does not make it valid. 44. During the course of arguments, the submission made by the learned Standing Counsel for the Managing Committee is that the opinion given by the Tantri in Ext.R1(b) communication dated 25.03.2024 was considered in the meeting of the Managing Committee held on 12.09.2024, and it was decided that from the year 2024 onwards, Udayasthamana Pooja offered by the Managing Committee on the Ekadasi day of Vrishchikam can be conducted on the Ekadasi day of Thulam. Respondents 1 and 2 have not chosen to produce a copy of that decision along with the counter affidavit dated 25.11.2024. The decision taken by the Managing Committee is also not under challenge in this writ petition. 45. Respondents 1 and 2 have not chosen to produce a copy of that decision along with the counter affidavit dated 25.11.2024. The decision taken by the Managing Committee is also not under challenge in this writ petition. 45. For the reasons stated hereinbefore, we find that no interference is warranted in this writ petition, since the question as to whether the performance of Udayasthamana Pooja in Guruvayur Sree Krishna Temple on Vrishchikam Ekadasi on the Shuklapaksham day is a temple Acharam or tradition in that temple has to be established before a competent civil court and the petitioners cannot agitate that disputed question of fact in this writ petition filed under Article 226 of the Constitution of India. In the result, this writ petition fails on the aforesaid ground and the same is accordingly dismissed, leaving open the legal and factual contentions raised by both sides.