High Court of KeralaDivision BenchDisposed of with directions: revise shortlist t...

Asokan R. and others v. Travancore Devaswom Board and others

Case / Petition Number:WP(C) No. 34852 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • G. Girish
Judgment Date
2023-11-02
Court Decision / Holding
The petition is disposed of with directions: The 2nd respondent Devaswom Commissioner shall publish a fresh shortlist under Ext.P1 by including 26 Purohits who have secured 40% marks (34 marks) or more for participation in the open tender for 19 Balitharas in Pamba Manappuram. The revised shortlist must be published by 03.11.2023, and the tender shall be conducted on 06.11.2023 at 11:00 a.m. The Board must file a DBA seeking permission to allot Balitharas after the tender; the Purohits who participated in the open tender shall be arrayed as respondents for the DBA. The Registry is directed to return the files. Bench: Division Bench. Final disposition: Writ petition disposed of with directions, ordering revised shortlist and open tender, followed by DBA proceedings to allot Balitharas; the decision references and builds upon the prior 2022 procedure and Rajani P. Kuttan background for context.
Final Disposition
Disposed of with directions: revise shortlist to 26 candidates with 40% marks or more, conduct open tender for Balitharas, and proceed with DBA to allot Balitharas; Purohits to be arrayed as respondents; urgent communication to bidders and return of files.

Parties to the Case

Appellants / Petitioners

  • ASOKAN R
  • DEVARAJAN
  • SOMAN N
  • MOHANAKUMAR T
  • ANILKUMAR S

Respondents

  • Travancore Devaswom Board
  • Devaswom Commissioner
  • Executive Officer Sabari Mala Devaswom, Sannidhanam, Sabarimala
  • Mahesh K.M.
  • V.P. Sahadevan
  • R. Omanakkuttan
  • G. Ajayan
  • Shiju V.S.
  • D. Suresh Kumar
  • Sajayan S Sandhya Nivas
  • Umesh Krishnan R
  • Rajendran V K
  • Ajikumar R
  • D. Prasad Ulluchira
  • Suresh K.S.
  • T.V. Manoharan
  • Kalesh Babu Chudukatil
  • Vishnu Mohan Vellaparambil
  • Rajashekaran K
  • Praveen T.V.
  • Mohanan T.V.
  • Rajeev S
  • Addl R23 – State of Kerala represented by Secretary to Government Revenue(Devawaswom) Department
  • Addl R24 – Senior Deputy Director Kerala State Audit Department, Travancore Devaswom Board Audit

Legal Representation & Advocates

Counsels for Petitioners

  • • ACHUTH KAYLAS K
  • • SREEDEVI Kylasanath
  • • R. MAHESH MENON
  • • JOSELAL GEORGE
  • • SACHIN.P.K
  • • VARGHESE XAVIER

Counsels for Respondents

  • • SRI S.RAJMOHAN- SR GOVERNMENT PLEADER
  • • SRI G.BIJU- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD

Case Synopsis & Summary

This writ petition challenges Ext.P3, the shortlist of candidates prepared pursuant to Ext.P1 notification dated 24.08.2023 for Balitharas at Pamba Manappuram to perform Pithru Tharpanam on the banks of Pamba during the Mandala-Makaravilakku festival season (1199 ME). The petitioners, who participated in the tender process, allege favouritism, lack of transparency, and cartel-like conduct by bidders, and contend that the recruitment process for purohits is tainted and arbitrary. They seek a certiorari to quash Ext.P3, a declaration that the tender process is illegitimate, and a mandamus directing respondents to adopt proper protocols. The Court previously restrained Ext.P3 proceedings for a week and ordered notices to various respondents to address the urgency of the Mandala-Makaravilakku festival season. The Travancore-Cochin Hindu Religious Institutions Act, 1950 (Part I-III) vests administration of Sabarimala Devaswom in the Travancore Devaswom Board (TDB) and imposes duties on the Board under Sections 3, 4, 15, 15A and 31 to manage and supervise temple rites and properties. The Court cites Rajani P. Kuttan (2021) for organizational finances and the limited self-sufficiency of temples, and relies on a 2022 judgment (W.P.(C) No.41546 of 2017) outlining the interview-board and auction-based selection procedure for purohits. The bench ultimately disposes of the petition by directing a revised shortlist of 26 candidates with 34 marks (40%) or more, to participate in an open tender for 19 Balitharas, to be held on 06.11.2023, and directs further DBA proceedings and arraying of purohits as respondents. Overall, the court emphasizes fair procedures, transparency, and a competitive auction to maximize revenue while ensuring tribal representation through a reserved balithara for Scheduled Tribes where applicable.

Provisions of Law Cited

Travancore-Cochin Hindu Religious Institutions Act, 1950 – Section 3Travancore-Cochin Hindu Religious Institutions Act, 1950 – Section 4Travancore-Cochin Hindu Religious Institutions Act, 1950 – Section 15Travancore-Cochin Hindu Religious Institutions Act, 1950 – Section 15ATravancore-Cochin Hindu Religious Institutions Act, 1950 – Section 31Constitution of India, Article 226Kerala Adaptation of Laws Order, 1956Constitution of India, Article 290A

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Ext.P3 is tainted by favouritism and cartel-like conduct among bidders; they seek quashing of Ext.P3 and a declaration that the recruitment process for purohits is illegal and arbitrary. They urge the Court to mandamus respondents to formulate transparent protocols for selecting purohits and to ensure fair, merit-based participation via a properly published shortlist and open auction. They emphasize the urgency due to the Mandala-Makaravilakku festival season and seek inclusion in the tender process of additional eligible candidates.

Contentions of Respondents

Respondents maintain that the Travancore Devaswom Board’s administration and tender process are governed by the Travancore-Cochin Hindu Religious Institutions Act, 1950 with duties to manage rites, facilities, and properties. They argue that the procedure should be guided by the 2022 judgment which required interviews, a merit-based list, and auction-based allotment, and that the Board must maximize revenue while ensuring proper representation. They contend no established cartel is proven beyond the prima facie interim findings and emphasize adherence to statutory procedures and past precedents.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Rajani P. Kuttan and another v. State of Kerala and others2021 (6) KHC 513PositiveCited for background facts about the Devaswom Board's finances and temple management, illustrating the financial framework within which the Board operates.
W.P.(C) No.41546 of 2017Judgment dated 22.03.2022PositiveCited as the controlling procedure for purohit selection (interview board, merit list, and auction), which the court uses as the baseline approach and basis for its directions in the present case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE G.GIRISH`** ``` THURSDAY, THE 2[ND] DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945 WP(C) NO. 34852 OF 2023 ``` ## **`PETITIONERS:`** - **`1 ASOKAN R AGED 56 YEARS S/O., RAMANKUTTY, RESIDING AT SHYAMA BHAVANAM, MAHADEVIKKADU P.O., KARTHIKAPALLY, ALAPPUZHA DISTRICT., PIN - 690516`** ``` 2 DEVARAJAN AGED 57 YEARS S/O., THANKAPPAN, RESIDING AT DEVANANDHANAM, PILAPPUZHA P.O., HARIPPAD, ALAPPUZHA DISTRICT., PIN - 690514 ``` ``` 3 SOMAN N AGED 67 YEARS S/O., NARAYANAN, RESIDING AT SANGEETH NIVAS, PILAPPUZHA P.O., HARIPPAD, ALAPPUZHA DISTRICT., PIN - 690514 ``` ## **`4 MOHANAKUMAR T AGED 57 YEARS`** ``` S/O., THANKAPPAN, RESIDING AT MATHILUVILA VEEDU, MARUTHATHOOR, CHAIKOTTUKONAM P.O., NEYYATINKARA, THIRUVANANTHAPURAM DISTRICT., PIN - 695122 ``` - **`5 ANILKUMAR S AGED 56 YEARS`** ``` S/O., SADASIVAN P N, SASTHAMANGALAM HOUSE, PAZHAVANGADI P.O., RANNI, PATHANAMTHITTA DISTRICT., PIN - 689673 ``` ``` BY ADVS.ARUN CHANDRAN HARIMOHAN ANJALY T.A ASWATHY S MENON ``` 2 W.P.(C)No.34852 of 2023 ## **`RESPONDENTS:`** - **`1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDINGS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM DISTRICT., PIN - 695003`** - **`2 DEVASWOM COMMISSIONER OFFICE OF THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDINGS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695003`** - **`3 THE EXECUTIVE OFFICER SABARIMALA DEVASWOM, SANNIDHANAM, SABARIMALA, PATHANAMTHITTA DISTRICT., PIN - 689713`** - **`4 MAHESH K.M KAKKIRISERRY HOUSE, NARAKKAL P.O., ERNAKULAM DISTRICT., PIN - 682505`** - **`5 V.P SAHADEVAN`** ``` VELAMPARAMBIL HOUSE, THENGUMKAAVU P.O., PULIMUKKU, PATHANAMTHITTA DISTRICT., PIN - 689646 ``` - **`6 R OMANAKUTTAN PUTHUVELIL HOUSE, MAHADEVIKKADU P.O., KARTHIKAPALLY, ALAPPUZHA DISTRICT., PIN - 690516`** - **`7 G. AJAYAN`** ``` AJAYA VILASOM, PATTANIMUKKU, CHERUKULAM, ANCHAL, KOLLAM DISTRICT-691306 ``` - **`8 SHIJU V.S. SHIBU NIVAS, MULLARAVILA, PERUMPAZHUTHOOR, NEYYATINKARA, THIRUVANANTHAPURAM DISTRICT-695126`** - **`9 D.SURESH KUMAR`** ``` SASTHAMPADIPPURA, VENKAVILA, IRINCHIYAM, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT -695562 ``` - **`10 SAJAYAN S SANDHYA NIVAS, MULLARAVILA, PERUMPAZHUTHOOR, NEYYATINKARA, THIRUVANANTHAPURAM DISTRICT. 695126`** 3 W.P.(C)No.34852 of 2023 - **`11 UMESH KRISHNAN R . KEEZHUTHU HOUSE, VILLUMALA P.O, KULATHUPUZHA, KOLLAM DISTRICT -691310`** - **`12 RAJENDRAN V K VELAMPARAMBIL HOUSE, MADAMON P.O, PATHANAMTHITTA DISTRICT-689711`** - **`13 AJIKUMAR. R PUTHENVILAYIL HOUSE, NEAR TIMBER DEPO, KULATHUPUZHA, KOLLAM DISTRICT.-691310`** - **`14 D. PRASAD ULLUCHIRA, PONNAD P.O, MANNANCHERY, ALAPPUZHA DISTRICT, -688583`** - **`15 SURESH K.S. KARIMPANAL HOUSE, MANIYAR P.O, KODUMUDI, ANCHUMUKKU, PATHANAMTHITTA DISTRICT-689662`** - **`16 T.V.MANOHARAN THEKKEVATYEKKADU HOUSE, VIRUPAKKA, VAZHANI, THRISSUR DISTRICT - 680589`** - **`17 KALESH BABU CHUDUKAATIL PUTHANVEEDU, PUTHUKUNDAM, KARTHIKAPPALLY P.O, ALAPPUZHA DISTRICT -690516`** - **`18 VISHNU MOHAN VELLAPARAMBIL HOUSE, MADAMON, PERUNAADU, VADASERIKKARA, PATHANAMTHITTA DISTRICT - 689711`** ``` 19 RAJASHEKARAN. K MADAMBATHU, PAREKALAM, ATHAVANAD P.O, MALAPPURAM DISTRICT. 676301 ``` - **`20 PRAVEEN T.V . VELAPARAMBIL HOUSE, MADAMON P.O, RANNI, PERUNADU, PATHANAMTHITTA DISTRICT.689711`** - **`21 MOHANAN T.V`** - **`VELAPARAMBIL HOUSE, MADAMON P.O, RANNI, PERUNAD, PATHANAMTHITTA DISTRICT-689711`** - **`22 RAJEEV. S`** ## **`KIZHAKKEPURAKKAL, AYAYIL, ARUVIPPURAM P.O,`** 4 W.P.(C)No.34852 of 2023 ``` NEYATTINKARA, THIRUVANANTHAPURAM DISTRICT.695126 ``` - **`23 ADDL.R23 - STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE(DEVASWOM)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001`** ``` 24 ADDL R24- THE SENIOR DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 ``` ``` * ADDL R5 TO R22 IMPLEADED AS PER ORDER DATED 30.10.2023 IN I.A.1/23 IN WP(C) AND ADDL.R23 & R24 IS SUO MOTU IMPLEADED AS PER ORDER DATED 30.10.2023 IN WP(C)) ``` ``` BY ADVS.ACHUTH KYLAS K SREEDEVI KYLASANATH(S-541) R.MAHESH MENON(K/001171/2016) JOSELAL GEORGE(K/000821/2015) SACHIN.P.K(K/805/2023) VARGHESE XAVIER(K/642/2023) ``` ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 W.P.(C)No.34852 of 2023 ## **JUDGMENT** Anil K. Narendran, J. The petitioner, who participated in the tender process pursuant to Ext.P1 notification dated 24.08.2023 issued by the 2[nd] respondent Devaswom Commissioner in respect of Balitharas in Pamba Manappuram for ‘Pithru Tharpanam’ during the Mandala-Makaravilakku festival season of 1199 ME (2023-24), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 shortlist of candidates prepared pursuant to Ext.P1 tender notification. The petitioner has also sought for a declaration that the tender process conducted by respondents 1 and 2 to select Purohits to perform ‘Pithru Tharpanam’ and associated rituals at Sabarimala during the Mandala-Makaravilakku festival season is tainted with favouritism and is illegal and arbitrary; and a writ of mandamus commanding respondents 1 and 2 to formulate appropriate protocols and guidelines to conduct the recruitment process. 2. On 26.10.2023, when this writ petition came up for admission, the petitioner filed I.A.No.1 of 2023 seeking an order to impleaded additional respondents 7 to 22. The learned counsel sought adjourned to get instruction as to the mode in which the notice could be taken to the said additional 6 W.P.(C)No.34852 of 2023 respondents sought to be impleaded. The learned Standing Counsel for Travancore Devaswom Board submitted that the Board suspects cartel formation by the bidders. Having considered the submissions made at the Bar, by the order dated 26.10.2023, the learned Standing Counsel was directed to make available for the perusal of this Court, the files relating to Ext.P3 list of eligible candidates. 3. On 30.10.2023, when this writ petition came up for consideration, this Court passed a detailed order restraining the 1[st] respondent Travancore Devaswom Board from proceeding further with Ext.P3 shortlist for a period of one week. The learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 1 to 3 and the learned Senior Government Pleader entered appearance for additional respondents 23 and 24. By the order dated 30.10.2023, urgent notice by special messenger was ordered to respondents 4 to 6 and also to additional respondents 7 to 22, returnable by 01.11.2023. In addition to that, service of notice on the said respondents was ordered through the concerned Station House Officer, considering the urgency of the matter since MandalaMakaravilakku festival season of 1199 ME (2023-24) will commence on 16.11.2023. On 30.10.2023, this Court perused 7 W.P.(C)No.34852 of 2023 the files handed over by the learned Standing Counsel and the same was directed to be retained in the safe custody of Registrar (Judicial). 4. Today, when this matter is taken up for consideration, we heard the arguments of the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3, the learned Senior Government Pleader for additional respondents 23 and 24 and also the learned counsel for respondents 4 to 6 and additional respondents 7 to 14 and 16 to 22. Despite service of notice none appears for the 15[th] respondent. 5. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, 8 W.P.(C)No.34852 of 2023 Pathanamthitta Taluk. 6. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per subsection (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board. 7. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. 8. Section 15A of the Act, inserted by Act 5 of 2007, with 9 W.P.(C)No.34852 of 2023 effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. 9. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 10. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, conclusion is irresistible that, the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and all its properties and funds shall vest 10 W.P.(C)No.34852 of 2023 in the Travancore Devaswom Board. The Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 11. In **Rajani P. Kuttan and another v. State of Kerala and others [2021 (6) KHC 513]** a Division Bench of this Court noticed that among the 1250 Temples managed by the Travancore Devaswom Board, only 60 major Temples are selfsufficient and the rest are being managed utilising the surplus income from Sabarimala Devaswom. The total number of sanctioned posts in various categories in the Travancore Devaswom Board is 5692 and the total number of pensioners is 5749. The major source of revenue of the Travancore Devaswom Board is the income received by way of offering by the devotees, 11 W.P.(C)No.34852 of 2023 the amount received from vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the Temples. Paragraph 59 of the said decision reads thus: 59. The Financial position of the Devaswom Board:- The competent officer of the Devaswom Board filed an affidavit dated 14.06.2021 stating its financial position. It is submitted that there are 1250 temples under the Administrative Control of the Devaswom Board. The total number of sanctioned posts in various categories in the Devaswom Board is 5692, and the total number of pensioners is 5749. It is further submitted that the major sources of revenue of the Devaswom Board are the income received by way of offerings from devotees, the amount received from vazhipadu, and the revenue generated through the auction of the temple premises for various activities in connection with rituals and festivals in the temples. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs.80 lakhs. It is further submitted that among the 1250 temples managed by the Devaswom Board, only 60 major - temples are self sufficient, and the rest are being managed utilising the surplus income from Sabarimala Devaswom. Now, due to the spread of the Covid-19 pandemic, the temples remain closed, and the major source of income has come down. The Devaswom Board 12 W.P.(C)No.34852 of 2023 is finding it difficult even to pay the salary of the existing employees. The pleadings regarding the financial position of the Devaswom Board in the affidavit dated 14.06.2021 have not been controverted by the petitioners. (underline supplied) 12. The direction contained in the judgment of this Court dated 22.03.2022 in W.P.(C)No.41546 of 2017 was with specific reference to the procedure that was being adopted by the Travancore Devaswom Board for selecting purohits for performing ‘Pithru Tharpanam’ on the banks of Pamba Manappuram during the Mandala-Makaravilakku festival season of 1199 ME. Paragraphs 11 to 13 of the said judgment read ## thus; “11. As stated in the statement filed on behalf of the Travancore Devaswom Board, during pilgrimage season, balitharpanam is conducted in Pamba Manalppuram, in 20 balitharas as per the layout prepared by the Maramath Wing of the Travancore Devaswom Board, which has already been approved by this Court. Every year, notification will be published inviting applications from qualified Purohits to conduct balitharpanam at Pamba Manalppuram. An interview Board consisting of the Devaswom Commissioner, the Temple Tantri, the Finance Commissioner, the Inspection Deputy Commissioner and a Purohit from Thiruvallam Devaswom, will interview the applicants and a list of qualified Purohits will be published in the order of merit, based on the marks secured in the interview. Auction of balitharas will be conducted every 13 W.P.(C)No.34852 of 2023 year, prior to pilgrimage season, and those who are qualified in the interview can take part in the auction and the successful bidders will be permitted to conduct balitharpanam in the respective balitharas allotted to them. The recognised Purohit Certificate holders can also take part in the auction. 12. The learned counsel for the petitioner in the respective writ petitions and also the learned counsel for the party respondents would point out that, in the matter of allotment of balithara there is no reservation for Adivasis (Scheduled Tribes). The learned Standing Counsel for Travancore Devaswom Board would submit that, as stated in the statement filed on behalf of the Travancore Devaswom Board, no balithara is earmarked for any particular Sabha/ Association/person. 13. The procedure adopted by the Travancore Devaswom Board in auctioning balitharas in Pamba Manalppuram during pilgrimage season, with 20 balitharas as per the layout prepared by the Maramath Wing of the Board, which has already been approved by this Court, warrants no interference, in the absence of any vitiating circumstances pointed out by the learned counsel for the petitioner in the respective writ petitions and also the learned counsel for the party respondents. However, out of 20 balitharas one balithara shall be earmarked for Adivasis (Scheduled Tribes) from forest settlements in and around Sabarimala, to be specified in the notification published by the Board, in case applicants from those forest settlements are included in the list of qualified Purohits published after conducting the interview, who are willing to bid that balithara at an amount not less than that offered for other 14 W.P.(C)No.34852 of 2023 balitharas. The notification inviting application from qualified Purohits to conduct balitharpanam at Pamba Manalppram shall be published in the 1st week of August, in which the eligibility criteria for Purohits and the documents required to be submitted along with the application shall be specified. The interview board consisting of the Devaswom Commissioner, the Tanthri, the Finance Commissioner, the Inspecting Deputy Commissioner and a Purohit from Thiruvallam Devaswom shall interview the candidates and publish a list of qualified Purohits, in the order of merit, based on the marks secured in the interview. The auction of balitharas shall be conducted, atleast three weeks prior to the commencement of the pilgrimage season, in which those Purohits who are qualified in the interview can participate. The successful bidders, who offer highest amount, shall be permitted to conduct balitharpanam in the respective balitharas at Pamba Manalppuram, during the pilgrimage season.” 13. As already noticed in the decision in **Rajani P. Kuttan [2021 (6) KHC 513]** only 60 major temples managed by the Travancore Devaswom Board are self-sufficient and the rest of the temples, out of 1250 temples, are being managed utilising the surplus income from Sabarimala Devaswom. 14. Having perused the records and also the submissions made at the Bar, we find that the cut-off mark adopted by the Travancore Devaswom Board for shortlisting the candidates after 15 W.P.(C)No.34852 of 2023 interview has to be modified appropriately, in order to ensure that, instead of 19 Purohits for 19 Balitharas, more number of Purohits can be included in the shortlist, who can participate in the tender process to ensure that maximum amount is fetched for the Balitharas in Pamba Manappuram. 15. The submission made by the learned Standing Counsel is that persons who secured 52 marks in the interview, out of the total marks of 85 (61% marks), are included in the shortlist of candidates eligible to participate in the tender process. In case, the cut-off mark is taken as 40%, all those who secured 34 marks in the interview can be included in the shortlist, in which event, 26 Purohits can participate in the tender process for 19 Balitharas in Pamba Manappuram. 16. As already noticed in the order dated 30.10.2023, 19 persons who are shortlisted for allotment of 19 Balitharas (other than one reserved for Scheduled Tribe category) quoted the very same rate. Others participated in the tender process including the writ petitioner, except a few, also quoted the very same rate. In the order dated 30.10.2023, this Court noticed that prima facie there was cartel formation by bidders participated in the tender process pursuant to Ext.P1 notification. 17. During the Mandala-Makaravilakku festival season of 16 W.P.(C)No.34852 of 2023 1198 ME (2022-23), this Court issued various orders regarding crowd management and other issues in Nilakkal, Pamba and Sannidhanam. As evident from the proceedings in that matter, the average footfall in most of the days during that festival season was around 1 lakh pilgrims and, in few days, it had even crossed above 1 lakh. The Board expects more pilgrims during Mandala-Makaravilakku festival season of 1199 ME. In such circumstances, there should be proper facilities for pilgrims to perform Balitharpanam in Pamba Manappuram, during the festival season. 18. In such circumstances, this writ petition is disposed of by directing the 2[nd] respondent Devaswom Commissioner to publish a fresh shortlist of candidates in terms of Ext.P1 notification, by including 26 Purohits, who have secured 40% marks and above, i.e., 34 marks and above, as candidates eligible for participation in the tender process in the open auction for 19 Balitharas in Pamba Manappuram. The 2[nd] respondent shall publish the revised shortlist by tomorrow (03.11.2023) and the open tender process shall be conducted on 06.11.2023 at 11.00 a.m. at the Devaswom Head Quarters, Thiruvananthapuram. Immediately after the preparation of revised shortlist, a copy of the same, along with the notice 17 W.P.(C)No.34852 of 2023 regarding the tender process, shall be communicated to the respective bidders in their e-mail ID and also in their mobile number provided in the tender documents. 19. After conducting the tender process, the Board shall file a DBA seeking permission to allot Balitharas to the respective Purohits. The said application shall be listed before the Bench on the very same day itself, in which the Purohits, who participated in the open tender shall be arrayed as the respondents. Registry to return the files handed over by the learned Standing Counsel for Travancore Devaswom Board today itself. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** AV/2/11 18 W.P.(C)No.34852 of 2023 ## **`APPENDIX OF WP(C) 34852/2023`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit - P1`**|**`TRUE COPY OF THE NOTIFICATION ISSUED BY 2ND`**| ||**`RESPONDENT COMMISSIONER DATED 24.08.2023`**| |**`Exhibit - P2`**|**`TRUE COPY OF THE MEMO ISSUED BY THE 2ND`**| ||**`RESPONDENT COMMISSIONER TO THE APPLICANTS`**| ||**`DATED 26.09.2023`**| |**`Exhibit - P3`**|**`TRUE COPY OF THE FINAL LIST OF SELECTED`**| ||**`CANDIDATES (ROC.43/2023/SAB) PUBLISHED BY THE`**| ||**`2ND RESPONDENT DATED 16.10.2023`**| |**`Exhibit - P4`**|**`TRUE COPY OF THE FINAL LIST OF SELECTED`**| ||**`CANDIDATES RELEASED BY THE 2ND RESPONDENT`**| ||**`COMMISSIONER FOR THE YEAR 2017 (KOLLAVARSHAM`**| ||**`1193) DATED 13.11.2017`**| |**`Exhibit - P5`**|**`TRUE COPY OF THE FINAL LIST OF SELECTED`**| ||**`CANDIDATES RELEASED BY THE 2ND RESPONDENT`**| ||**`COMMISSIONER FOR THE YEAR 2018 (KOLLAVARSHAM`**| ||**`1194) UNDATED`**| |**`Exhibit - P6`**|**`TRUE COPY OF THE FINAL LIST OF SELECTED`**| ||**`CANDIDATES RELEASED BY THE 2ND RESPONDENT`**| ||**`COMMISSIONER FOR THE YEAR 2020 DATED`**| ||**`13.11.2020`**| |**`Exhibit - P7`**|**`TRUE COPY OF THE FINAL LIST OF SELECTED`**| ||**`CANDIDATES RELEASED BY THE 2ND RESPONDENT`**| ||**`COMMISSIONER FOR THE YEAR 2021 AS`**| ||**`ROC.43/2021/SAB DATED 25.11.2021`**| |**`Exhibit - P8`**|**`TRUE COPY OF THE FINAL LIST OF SELECTED`**| ||**`CANDIDATES RELEASED BY THE 2ND RESPONDENT`**| ||**`COMMISSIONER FOR THE YEAR 2022 AS ROC`**| ||**`NO:43/2022/SAB DATED 01.11.2022`**|