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2025 DIGILAW 2842 (KER)

P. N. Radhakrishnan v. State Of Kerala, Rep. By Principal Secretary To Government, Revenue (Devaswom) Department

2025-11-21

K.V.JAYAKUMAR, RAJA VIJAYARAGHAVAN V.

body2025
JUDGMENT : K.V. Jayakumar, J. The Guruvayoor Sree Krishna Temple is a major Hindu pilgrimage site dedicated to Lord Krishna. It is considered the “Dwaraka of South India” and is known as “Bhooloka Vaikuntam” (the abode of Lord Krishna on earth). It is believed that the idol is over 5,000 years old and was worshipped by Lord Krishna himself. 2. The issues involved in the Writ Petitions and the Devaswom Board Petition pertain to the queue system, crowd management, and related matters in Sree Krishna Temple, Guruvayoor. The issues involved in all these Writ Petitions are identical and therefore, all these matters are disposed of by a common judgment. W.P(C). No.41543/2024 is taken as the lead case, and parties and exhibits are hereinafter referred to as in that of the Writ Petition unless otherwise specifically stated. 3. Sri. P. N. Radhakrishnan is the petitioner in W.P.(C) No. 41543/2024. He has submitted a complaint before this Court seeking the reintroduction of the online booking facility for darshan in Sree Krishna Temple, Guruvayoor. This Court registered a suo motu case as D.B.P 94/2024. This Court vide Ext.P1 order dated 13.11.2023 in DBP No.94/2023 has directed the respondents to reconsider the request made by the petitioner for the reintroduction of the online booking facility for free darshan to pilgrims/devotees at Guruvayoor Sreekrishna Temple, and to take an appropriate decision after affording him an opportunity of being heard. 4. The petitioner further states that the number of devotees visiting Guruvayoor Sreekrishna Temple is increasing day by day. Therefore, an alternative mechanism, distinct from the conventional long-standing queue system, is the need of the hour. According to the petitioner, the present system of an unending queue poses serious difficulties for devotees, including elderly women, differently-abled persons, and those coming from distant places. The petitioner further states that during 2022, the COVID pandemic period, the temple authorities implemented an online virtual system and it has been withdrawn irrationally. 5. Sri Sumesh C. M., a devotee of Guruvayoor Sree Krishna Temple, is the petitioner in W.P.(C) No. 5136/2025. He has highlighted the hardships and difficulties faced by devotees who stand in the queue for hours every day to obtain darshan at Guruvayoor Sreekrishna Temple. According to the petitioner, the available infrastructure in the temple is insufficient to meet the needs of the devotees. He has highlighted the hardships and difficulties faced by devotees who stand in the queue for hours every day to obtain darshan at Guruvayoor Sreekrishna Temple. According to the petitioner, the available infrastructure in the temple is insufficient to meet the needs of the devotees. He further states that it is the bounden duty of the Managing Committee to ensure adequate facilities for devotees to have a smooth and dignified darshan. 6. Adv. Lekha Suresh submitted a complaint before the Registrar of this Court, narrating the bitter experience she had to endure at Guruvayoor Sreekrishna Temple during the Ekadashi festival in 2024. The complaint submitted by Smt. Lekha Suresh was registered as DBP No. 1/2025 along with other writ petitions. 7. The petitioner W.P(C) No.41543/2024 has claimed the following reliefs: “a) To call for entire records leading to Ext.P5 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. b) Issue a writ of mandamus or any other appropriate writ, order or direction thereby command the respondents 2 & 3 to restore the implementation online virtual queue system introduced in Sreekrishna Temple, Guruvayoor, in most efficient manner with proper consultation & discussions with all the concerned parties; c) Issue a writ of mandamus or any other appropriate writ, order or direction thereby command the respondents 2 & 3 to reconsider implementation of the online virtual queue system in the light of the directions contained in Ext.P1 order passed by this Hon Court.” 8. The writ petitioner in WP(C).No.5136/2025 has claimed the following reliefs: “a) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 and 3 to regulate the rush of pilgrims in Guruvayoor Sreekrishnaswami Temple by appropriately establishing a queue complex as proposed. b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to file a report regarding the steps taken by the Guruvayoor Managing Committee in the matter for constructing a queue complex and providing other amenities for the pilgrims of the Temple. c) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 and 3 to consider Exts.P4 and P5 and take appropriate action on the issues highlighted therein within a time frame to be fixed by this Hon’ble Court.” 9. Sri. c) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 and 3 to consider Exts.P4 and P5 and take appropriate action on the issues highlighted therein within a time frame to be fixed by this Hon’ble Court.” 9. Sri. Hrithwik D. Namboodiri, learned counsel for the petitioner in W.P(C) No.41543/2024, submitted that Ext.P5 order, by which the Devaswom Managing Committee has rejected the request of the petitioner to restart online reservation for darshan, is passed in violation of the Ext.P1 order of this Court. The old and conventional long-standing queue system causes serious hurdles to the age-old devotees, women, and children to have a peaceful and satisfactory darshan in the temple. The large number of people standing in the long ending queue can easily be managed by a scientific and systematic queue system. 10. Sri. K. Mohanakannan, learned counsel for the petitioner in W.P(C) No.5136/2025, submitted that the Managing Committee has failed to provide basic amenities in the temple to avoid overcrowding and to regulate darshan. 11. Smt. Lekha Suresh, party-in-person, submitted that the devotees have to wait for several hours for getting darshan during the Ekadashi festival. 12. As directed by this Court, the respondents 2 and 3 Guruvayoor Devaswom Managing Committee and its Administrator have filed a detailed counter affidavit. In the counter affidavit, it is stated that the Guruvayoor Devaswom Managing Committee has introduced online booking for darshan during the lockdown of the COVID-19 pandemic. After the pandemic period, the Devaswom arranged a hybrid system for darshan, i.e., both online and offline. It is stated in the counter that, due to the special and unique religious customs prevailing in Guruvayoor Temple, the timing and duration of poojas cannot be precisely predicted. Consequently, devotees who booked darshan through the online queue system encountered issues when the allotted time slots could not be strictly adhered to, for reasons beyond the control of the Managing Committee. Further, there were instances of altercation between devotees who booked darshan through online mode and offline mode, since the devotees who booked darshan through online mode demanded priority over the other devotees who came to darshan physically. In order to avoid conflicts and unnecessary issues, the Managing Committee has decided to stop the online booking for darshan and resorted only to offline darshan. 13. In order to avoid conflicts and unnecessary issues, the Managing Committee has decided to stop the online booking for darshan and resorted only to offline darshan. 13. It is further stated in the counter affidavit that, considering the large number of devotees visiting the temple every day, it is not viable to introduce a hybrid system of darshan, as it would cause considerable hardships to the devotees. A counter affidavit has been filed on similar lines in W.P.(C) No. 5136/2025. 14. Sri. Vipin Das, the learned Standing Counsel for Guruvayoor Devaswom, submitted that strict ‘poojavidhis’ of Guruvayoor temple were structured by Adi Shankaracharya during 500 B.C. and that is even now strictly being followed by the Managing Committee. A very limited darshan time i.e., 10-11 hours a day is available during the intervals of poojas. The unpredictable increase in the number of devotees every year makes it a challenging job for the Devaswom to manage the crowd. The learned counsel for the Guruvayoor Devaswom submitted that, considering the strict ‘poojavidhis’ of the temple, a specific time slot cannot be allotted to the devotees and a virtual queue system is not practically feasible in the temple. The Hybrid mode of queue system and crowd management adopted by the Managing Committee has also ended in a failure, as there were conflicts between the devotees standing in physical queue and those coming into the temple after taking tickets in virtual mode. 15. We have heard the rival submissions and considered the materials placed on record. 16. Before we proceed further, it would be profitable to extract relevant provisions of the Guruvayoor Devaswom Act, 1978 and the precedents. 3. Incorporation. (1) The administration, control and management of the Devaswom shall be vested in a Committee constituted in the manner hereinafter provided. (2) The Committee shall by the name of "the Guruvayoor Devaswom Managing Committee" be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through the Administrator. 4. Composition of committee. (2) The Committee shall by the name of "the Guruvayoor Devaswom Managing Committee" be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through the Administrator. 4. Composition of committee. 1) The Committee shall consist of the following members, namely:- (a) the Zamorin Raja; (b) the Karanavan for the time being of the Mallisseri Illom at Guruvayoor, (c) the Thanthri of the Temple, ex-officio, (d) a representative of the employees of the Devaswom nominated by the Hindus among the Council of Ministers; (e) not more than five persons, of whom one shall be a member of a Scheduled Caste, nominated by the Hindus among the Council of Ministers from among persons having interest in the Temple. (2) A person shall be disqualified for being nominated under clause (e) of sub-section (1), if- (i) he believes in the practice of untouchability or does not profess the Hindu Religion or believe in temple worship; or (ii) he is an employee under the Government or the Devaswom; or (iii) he is below thirty years of age; or (iv) he is engaged in any subsisting contract with the Devaswom; or (v) he is subject to any of the disqualifications mentioned in clauses (a), (b) and (c) of sub-section (3) of Section 5. (3) The members of the Committee shall, at its first meeting, elect one of its members as its Chairman. (4) Every member of the Committee shall, before entering upon his office make and subscribe in the presence of the Commissioner an oath in the following form, that is to say- "I, A B, do swear in the name of God that I profess the Hindu Religion and believe in temple worship and that I do not believe in the practice of untouchability". “10. “10. Duties of Committee .- Subject to the provisions of this Act and the rules made thereunder, it shall be the duties of the Committee- (a) 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 (Madras Act XIX of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the funds, valuable securities and jewelleries and the preservation and management of the properties vested in the Temple; (d) 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; (e) to ensure that the funds of the endowments of the Temple are spent according to the wishes so far as may be known of the donors; (f) to make provision for the payment of suitable emoluments to the salaried staff of the Devaswom; and (g) 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.” 35. Thantri to be final authority in religious matters .- (1) 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. (2) 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. 17. As per Sub-section (b) of Section 10 , it is the bounden duty of the Managing Committee to provide facilities for the devotees for worship. Subclause (d) mandates that the Court shall ensure order and discipline and proper hygiene in the temple. 17. As per Sub-section (b) of Section 10 , it is the bounden duty of the Managing Committee to provide facilities for the devotees for worship. Subclause (d) mandates that the Court shall ensure order and discipline and proper hygiene in the temple. The aforesaid provision clearly states that the Guruvayoor Devaswom is bound to protect the interests of the devotees. It is the bounden duty of the Managing Committee to ensure a hassle-free darshan to the devotees. 18. The Bhagavad Gita is a foundational Hindu scripture that presents a profound synthesis of diverse strands of Indian religious and philosophical thought. It weaves together the Vedic principles of dharma (duty and righteous action), the contemplative disciplines of Sankhya-based yoga and jñana, and the path of bhakti, or devotion. Across the various Hindu traditions, the Gita occupies a uniquely exalted position and exerts a pan-Hindu influence, standing as one of the most prominent and universally revered sacred texts. Chapter 9 Verse 29 of Sacred Gita reads as follows: The English translation of the said Verse reads as follows: "I am equal to all beings; none is dear to Me and none is disliked. But those who worship Me with devotion dwell in Me, and I dwell in them." In the said Verse Lord Krishna says that he has a special grace to those devotees who worship the Lord with love and devotion. 19. Srimad Bhagavatam is one of the most sacred and authoritative texts in Hinduism. It is a revered scripture that narrates the divine incarnations of Lord Vishnu, with particular emphasis on the life, teachings, and transcendental deeds of Lord Krishna. Renowned for its profound devotional philosophy and spiritual insight, the Srimad Bhagavatam continues to serve as a guiding light for devotees seeking devotion (bhakti), wisdom, and liberation. Canto 9 Chapter 4 Verse 65 of Srimad Bhagavatham reads thus: The translation of the above Verse is as follows: "Those who, with exclusive devotion, worship Me-giving up all worldly duties and relationships for My sake-if anyone creates obstacles for them, I cannot tolerate it. I immediately act to remove their distress." 20. The ancient Hindu scriptures, the Bhagavad Gita and the Srimad Bhagavatam, clearly reflect the profound care and compassion that Lord Krishna extends towards His bhaktas or devotees. I immediately act to remove their distress." 20. The ancient Hindu scriptures, the Bhagavad Gita and the Srimad Bhagavatam, clearly reflect the profound care and compassion that Lord Krishna extends towards His bhaktas or devotees. These texts consistently emphasise that it would displease the Lord if any hardship, inconvenience, or distress were caused to those who worship Him. In essence, both the Bhagavad Gita and the Srimad Bhagavatam underscore the sacred duty to protect the interests and welfare of pilgrims and devotees, ensuring that they are treated at all times with the highest degree of care, respect, and consideration. The Issue of Crowd Management in the Temple City of Guruvayoor 21. A three-Judge Bench of the Hon’ble Supreme Court in Nar Hari Sastri v. Shri Badarinath Temple Committee , (1952)1 SCC 689 has observed: “This right of entry into a public temple is, however, not an unregulated or unrestricted right. It is open to the trustees of a public temple to regulate the time of public visits and fix certain hours of the day during which alone members of the public would be allowed access to the shrine. The public may also be denied access to certain particularly sacred parts of the temple, e.g., the inner sanctuary or as it is said the "Holy of Holies" where the deity is actually located. Quite apart from these, it is always competent to the temple authorities to make and enforce rules to ensure good order and decency of worship and prevent overcrowding in a temple. Good conduct or orderly behaviour is always an obligatory condition of admission into a temple [Kalidas Jivram v. Gor Parjaram Hirji, ILR (1890) 15 Bom 309; Thackersey Dewraj v. Hurbhum Nursey, ILR (1883) 8 Bom 432], and this principle has been accepted by and recognised in the Shri Badrinath Temple Act, Section 25 of which provides for framing of bye-laws by the temple committee inter alia for maintenance of order inside the temple and regulating the entry of persons within it.” 22. While dealing with the issue of crowd management, it is necessary for temple authorities to rethink the problem not merely as “how to manage the queue” but fundamentally as “how to avoid the queue.” 23. The petitioners in these writ petitions and DBP proceedings repeatedly emphasised the hardships and physical strain faced while standing in long queues. 24. While dealing with the issue of crowd management, it is necessary for temple authorities to rethink the problem not merely as “how to manage the queue” but fundamentally as “how to avoid the queue.” 23. The petitioners in these writ petitions and DBP proceedings repeatedly emphasised the hardships and physical strain faced while standing in long queues. 24. The real question, therefore, is: - How can we avoid forcing devotees to stand in long queues? - And if queues cannot be eliminated entirely, how can devotees wait in comfort and dignity—preferably seated rather than standing? 25. Overcrowding occurs when a large number of individuals congregate within a limited physical space beyond its carrying capacity. In the Sree Krishna Temple at Guruvayoor, where both the inner naalambalam and the surrounding areas offer extremely limited space, any sudden or concentrated influx of pilgrims, all eager for darshan, inevitably leads to multifaceted concerns. Drawbacks of the Conventional Queue System 26. We shall now examine the existing queueing method at the Guruvayoor Temple. 27. The learned counsel for the petitioners has highlighted the difficulties faced by women, children, elderly persons, and differently-abled devotees, who often stand in queues for three hours on normal days and for 8 to 12 hours during peak seasons such as Ekadashi, Vishu, and Ashtami Rohini. 28. One significant drawback of the conventional physical queue is the total absence of real-time information. A devotee standing far back in the line remains uncertain about the likely waiting time for darshan. This issue can and should be resolved through a digitally integrated mobile application, equipped with AI-based predictive tools, geo-tracking of queue movement, and real-time status updates. 29. The learned Standing Counsel for the Guruvayoor Devaswom contended that the temple strictly adheres to the pooja vidhis and rituals prescribed by Adi Shankaracharya. On days when special offerings such as Udayasthamana Pooja are performed, the sanctum sanctorum remains closed intermittently, causing unavoidable delays. It was also submitted that a virtual queue system may not be entirely feasible due to the peculiarities of the ritual schedule. Nevertheless, this Court is of the view that technology can be adapted to complement, not compromise, traditional tantric practices. 30. Given the hardships faced by devotees, it is high time that a new, modern, scientifically-designed system is introduced to ease their difficulties and ensure a dignified and spiritually fulfilling experience. The Need for a Systematic Queue System 31. Nevertheless, this Court is of the view that technology can be adapted to complement, not compromise, traditional tantric practices. 30. Given the hardships faced by devotees, it is high time that a new, modern, scientifically-designed system is introduced to ease their difficulties and ensure a dignified and spiritually fulfilling experience. The Need for a Systematic Queue System 31. A devotee visiting a temple expects a peaceful and hassle-free darshan. The purpose of such a visit is not merely to see the deity but to attain inner peace, solace, and spiritual elevation. 32. The Devaswom Managing Committee, as trustee, is under a sacred legal and moral duty to safeguard the welfare of devotees. Since temple administration is funded through offerings made by devotees, their rights and needs are paramount. No devotee should leave the temple with a sense of grievance or dissatisfaction. 33. Numerous difficulties faced by devotees have already been set forth by the petitioners. The focus now must shift to how the Managing Committee can revamp the outdated physical queue system through scientific planning and improved logistics. A new system must align with the temple’s actual carrying capacity. 34. The temple opens at 3:00 a.m. and closes around 10:30 p.m. However, considering ritual closures, the effective darshan window is approximately 10–11 hours per day. 35. The foremost step, therefore, is a scientific assessment of the maximum number of devotees the temple can safely accommodate per day, especially during festivals. The Standing Counsel suggests a capacity of 7,000–10,000 devotees, but this requires formal validation. The temple may also explore enhancing darshan hours through consultations with the Thantri. 36. If the permissible daily limit is 7,000, then physical bookings should not exceed that number. Bookings may be distributed across morning and evening sessions. The devotees may also be categorised into groups (A, B, C, D, etc.), each consisting of 300–500 persons, enabling staggered darshan and reducing crowding inside the temple premises. 37. The Managing Committee must establish a system for real-time digital display of darshan progress and queue movement. A modified physical queue with real-time intelligence would significantly ease the burden on devotees. 38. Lack of coordination among various government departments is a major impediment in a temple city like Guruvayoor. Effective crowd control demands a permanent inter-departmental coordination committee comprising district heads of all critical departments. Security, both inside and outside the temple, requires reinforcement by specially trained police officers. 38. Lack of coordination among various government departments is a major impediment in a temple city like Guruvayoor. Effective crowd control demands a permanent inter-departmental coordination committee comprising district heads of all critical departments. Security, both inside and outside the temple, requires reinforcement by specially trained police officers. 39. As the number of pilgrims increases daily, overcrowding in Guruvayoor has become a municipal-level civic challenge, not merely a temple-management problem. While the influx brings economic growth, it also raises concerns regarding sanitation, health, environment, traffic regulation, and law and order. 40. After considering the submissions and materials on record, this Court issues the following directives to ensure orderly administration, protection of devotee rights, and efficient crowd management: GUIDELINES A. SCIENTIFIC STUDY OF CARRYING CAPACITY A detailed study must be conducted to determine the maximum number of devotees the temple can safely accommodate on normal and festival days. The daily cap shall thereafter be fixed accordingly. B. FIXATION OF ENTRY AND EXIT POINTS There shall be one designated entry and one designated exit point to streamline movement. C. CLASSIFICATION OF DEVOTEES INTO GROUPS Devotees may be grouped (A, B, C, D, etc.), with 300–500 persons per group. Aadhaar/Electoral ID shall be mandatory for spot-booking for security purposes. D. ALLOTMENT OF TIME SLOTS Each group shall be allotted tentative time slots to prevent prolonged waiting. E. REAL-TIME DISPLAY OF DARSHAN PROGRESS A mobile application needs to be developed and digital display systems providing real-time updates. F. EXCLUSIVE ONLINE DARSHAN DAYS At least two days a week may be dedicated exclusively for online booking, benefiting devotees from distant locations. G. BASIC AMENITIES Adequate drinking water, seating arrangements, shade, fans, and light refreshments must be provided. establishing resting areas and air-cooled waiting halls for senior citizens, feeding mothers , disabled and children can also be considered. H. ENHANCEMENT OF DARSHAN HOURS Darshan hours may be increased, after consultation with the Thantri, by optimising ritual closures. I. QUALITY AND SATISFACTORY DARSHAN The Committee must ensure a dignified darshan experience and prevent misconduct by staff. J. STAFF TRAINING Regular training must be provided to improve efficiency, discipline, and courteous behaviour. K. PRIORITY DARSHAN FOR SPECIAL CATEGORIES Senior citizens, differently-abled persons, pregnant women, and those with infants shall receive priority darshan. (See the directions issued by this Court in Suo motu v. State of Kerala , 2025 KHC OnLine 982 with regard to the differently abled persons). K. PRIORITY DARSHAN FOR SPECIAL CATEGORIES Senior citizens, differently-abled persons, pregnant women, and those with infants shall receive priority darshan. (See the directions issued by this Court in Suo motu v. State of Kerala , 2025 KHC OnLine 982 with regard to the differently abled persons). In respect of such persons Aadhaar Card shall be made mandatory. L. CO-ORDINATION OF VARIOUS DEPARTMENTS A permanent multi-departmental committee shall be constituted with the following members: - Chairman/Member, Devaswom Managing Committee - District Collector, Thrissur - Superintendent of Police, Thrissur - Secretary, Guruvayoor Municipality - District Coordinator, Suchitwa Mission - Environmental Engineer, Pollution Control Board - District Medical Officer The Guruvayoor Devaswom Managing Committee shall prepare a comprehensive action plan, after consultation with the various stakeholders and place before this Court, as expeditiously as possible, within an outer limit of two months from the date of receipt of a copy of this judgment. The Writ Petitions are disposed of as above. No separate order is required to be passed in DBP No.1/2025.