PANDANKERIL AJAYAKHOSH SHINOJ v. STATE OF KERALA AND TRAVANCORE DEVASWOM BOARD AND OTHERS

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` TUESDAY, THE 23[RD] DAY OF MAY 2023 / 2ND JYAISHTA, 1945 W.P.(C)NO.41203OF 2022 ``` ``` PETITIONER: PANDANKERIL AJAYAKHOSH SHINOJ, AGED 41 YEARS S/O AJAYAKHOSH, AGED 41 YEARS, CC/23/2339, PANDANKERIL, GANGADARAN LANE, PALLURUTHY, ERNAKULAM- 682006. BY ADVS.P.DEEPAK RILGIN V.GEORGE ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY THE PRINCIPAL SECRETARY TO THE`**| ||**`GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,`**| ||**`GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM`**| ||**`695001 (DESCRIPTION OF R1 CORRECTED AS PER ORDER`**| ||**`DATED 21/2/23 IN IA/1/23 IN WP(C) 41203/22)`**| |**`2`**|**`THE TRAVANCORE DEWASWOM BOARD,`**| ||**`REP. BY ITS SECRETARY. NANDANCODE,`**| ||**`THIRUVANANTHAPURAM -695003.`**| |**`3`**|**`EXECUTIVE OFFICER, TRAVANCORE DEWASWOM BOARD,`**| ||**`SABARIMALA SANNIDHANAM- 689 670.`**| |**`4`**|**`SEPECIAL OFFICER, SABARIMALA, PAMBA- 689 670.`**| |**`5`**|**`VIGILANCE OFFICER, TRAVANCORE DEWASWOM BOARD,`**| ||**`THIRUVANANTHAPURAM -695 003.`**| |**`6`**|**`SURESH M.S, PROPRIETOR, SWAMY AYYAPPA`**| ||**`ENTERPRISES, MUDAVATHIL BUILDING, THAMMANAM P.O,`**| ||**`ERNAKULAM 682 032.`**| ||**`SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.`**| ||**`BIJU - STANDING COUNSEL-TRAVANCORE DEVASWOM`**| ||**`BOARD`**| ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 W.P.(C)No.41203 of 2022 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, who is a devotee of Lord Ayyappa of Sree Dharma Sastha Temple, Sabarimala, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent State and the 2[nd] respondent Travancore Devaswom Board to conduct auction of kuthaka rights in Sabarimala Devaswom during MandalaMakaravilakku festival season, strictly in terms of the general terms and conditions contained in Ext.P1 and similar notifications. The petitioner has also sought for a writ of mandamus commanding the 2[nd] respondent Board to conduct the statutory audit in time to find out the defaulters. The further reliefs sought for are a writ of mandamus commanding the 2[nd] respondent Board to conduct an enquiry relating to the auction of kuthaka rights in Sabarimala Devaswom during Mandala-Makaravilakku festival season in order to find out malpractice; and a writ of mandamus commanding the 2[nd] respondent Board to provide basic amenities to the pilgrims at Sabarimala, free of cost. 2. On 19.12.2022, when this writ petition came up for admission, the learned Senior Government Pleader took notice 3 ## W.P.(C)No.41203 of 2022 on admission for the 1[st] respondent State and the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 5. 3. On 21.02.2023, in I.A.No.1 of 2023, the cause title of the writ petition was amended in order to show the correct description of the 1[st] respondent State. 4. Service of notice is not complete on the 6[th] respondent, since Registry noted certain defects in the process paid by the petitioner. 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent State, and also the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5. Considering the nature of reliefs proposed to be granted, service of notice on the 6[th] respondent is dispensed with. 6. On 19.12.2022, when this writ petition came up for admission, this Court noticed that, insofar as the reliefs sought for in respect of the auctioning of kuthaka rights in terms of Ext.P1 notification is concerned, the issue has already been considered by this Court in the judgment dated 13.10.2022 in 4 ## W.P.(C)No.41203 of 2022 W.P.(C)No.29772 of 2021. By the order dated 05.12.2022 in DBP No.64 of 2022, this Court directed the State of Kerala to consider the application made by Travancore Devaswom Board to issue notification under Section 71 of the Revenue Recovery Act, 1968, to make applicable the provisions of the said Act to the recovery of the amounts due to the Board from any person. 7. Crowd management and pilgrim facilities at Sabarimala Sannidhanam, Pamba and Nilakkal during MandalaMakaravilakku festival season of 1198 ME were the subject matter in SSCR No.23 of 2023. The report filed by the Special Commissioner, Sabarimala as SSCR No.23 of 2023, this Court has issued various orders on crowd management and pilgrim facilities at Sabarimala Sannidhanam, Pamba and Nilakkal, which has already been disposed of by the order dated 20.01.2023. Paragraph 15.4 of that order reads thus; “15.4. It is for the State Police Chief, through the Chief Police Coordinator in the rank of Additional Director General of Police, Joint Police Coordinator in the rank of Inspector General of Police and two Additional Police Coordinators in the rank of Deputy Inspector General of Police to ensure proper crowd management in Sabarimala during Mandala-Makaravilakku festival seasons, to 5 W.P.(C)No.41203 of 2022 facilitate safe, secure, smooth and hassle-free darshan for the pilgrims. The Special Commissioner, Sabarimala shall file a report before this Court, at least one month before - the commencement of the next Mandala Makaravilakku festival season, along with a copy of this order, seeking appropriate orders for effective crowd management and other aspects at Nilakkal, Pamba, Sannidhanam and also in the traditional trekking path. The Police Bundobust Scheme prepared by the Kerala Police shall be made available for the perusal of this Court, at the time of consideration of that report of the Special Commissioner, Sabarimala.” 8. The main grievance of the petitioner is in respect of auctioning of kuthaka rights in Sabarimala Devaswom during Mandala-Makaravilakku festival season, in terms of Ext.P1 notification prescribing the general terms and conditions. The auction conducted in Sabarimala Devaswom during MandalaMakaravilakku festival season of 1198 ME for collection of parking fee from the Devaswom parking grounds at Nilakkal was the subject matter in W.P.(C)No.42987 of 2022 and SSCR No.29 of 2022. This Court, in the judgment/order dated 23.03.2023 in W.P.(C)No.42987 of 2022 and SSCR No.29 of 2022, ordered that a thorough enquiry by a team constituted by the Director of Vigilance and Anti-Corruption Bureau is absolutely essential on 6 ## W.P.(C)No.41203 of 2022 the conduct of each and every person connected with the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23). Paragraph 44 of the said judgment/order reads thus; “44. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, we are of the considered opinion that a thorough enquiry by a team constituted by the Director of Vigilance and Anti-Corruption Bureau is absolutely essential on the conduct of each and every person connected with the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23). Therefore, the Director of Vigilance and Anti-Corruption Bureau, who is the additional 12[th] respondent in SSCR No.29 of 2022 (the additional 8[th] respondent in W.P.(C)No.42987 of 2022) is directed to constitute a team headed by the Superintendent of Police to conduct a preliminary enquiry into the whole matter relating to the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23), to ascertain whether a cognizable offence is disclosed or not. If at any stage, during the enquiry, there are reasonable grounds to believe that a public 7 ## W.P.(C)No.41203 of 2022 servant has committed an offence under the Prevention of Corruption Act, 1988, further proceedings shall be taken in accordance with law.” 9. During the course of arguments, the learned Senior Government Pleader would submit that, in terms of the direction contained in the aforesaid judgment/order, a vigilance team has already been constituted for conducting the enquiry. 10. During the pendency of this writ petition, in terms of the directions contained in the order of this Court in DBP No.64 of 2022, the State of Kerala in the exercise of the powers conferred by Section 71 of the Kerala Revenue Recovery Act, 1968, on being satisfied that it is necessary to do so in the public interest, declared that the provisions of the Kerala Revenue Recovery Act shall be applicable to the recovery of amounts due from any persons or class of persons to the Travancore Devaswom Board. The said notification, i.e., G.O.(P)No.83/2023/ RD dated 17.03.2023, has been published in Kerala Gazette Extraordinary No.1001 dated 18.03.2023. In view of the said notification, DBP No.64 of 2022 was disposed of by the order dated 03.04.2023, whereby Registry is directed to register _suo motu_ proceedings in the matter of recovery of defaulted amounts 8 ## W.P.(C)No.41203 of 2022 from kuthaka holders in the temples under the management of Travancore Devaswom Board, Cochin Devaswom Board and also the temple under the management of Guruvayur Devaswom Managing Committee. Paragraphs 35 to 37 and also the last paragraph of that order read thus; “35. In view of the notification, i.e., G.O.(P)No.83/2023/ RD dated 17.03.2023 (Published in Kerala Gazette Extraordinary No.1001 dated 18.03.2023), whereby the provisions of the Kerala Revenue Recovery Act are made applicable to the recovery of amounts due from any persons or class of persons to the Travancore Devaswom Board, the Board shall initiate revenue recovery proceedings against the 6[th] respondent for recovering the balance bid amount defaulted by the said respondent, together with penal interest. Necessary steps in this regard shall be taken, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this order. 36. This DBP is disposed of with the above directions. 37. Considering the facts and circumstances disclosed from the pleadings and materials on record, we deem it appropriate to direct Registry to register suo motu proceedings in the matter of recovery of defaulted amounts from Kuthaka holders in the temples under the management of Travancore Devaswom Board, Cochin Devaswom Board and also the temple under the management of Guruvayur Devaswom Managing 9 W.P.(C)No.41203 of 2022 Committee. In the newly registered DBPs in respect of Travancore Devaswom Board and Cochin Devaswom Board, the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department, the concerned officer of the Local Fund Audit and also the concerned Devaswom Board represented by its Secretary shall be arrayed as the respondents. In the DBP registered in respect of Guruvayur Devaswom Managing Committee, the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department and Guruvayur Devaswom Managing Committee, represented by its Administrator shall be arrayed as the respondents. A copy of this order shall form part of the DBPs. Copy of the affidavit dated 03.01.2023 filed on behalf of the Cochin Devaswom Board and that filed on behalf of Guruvayur Devaswom Managing Committee shall form part of the respective DBPs registered in respect of the said Devaswoms. Registry to serve a copy of the respective DBPs to the learned Senior Government Pleader and also the learned Standing Counsel for the respective Devaswoms and list before the Devaswom Bench on 25.05.2023.” 11. This Court, in the judgment/order dated 23.03.2023 in W.P.(C)No.42987 of 2022 and SSCR No.29 of 2022 directed the Travancore Devaswom Board to initiate recovery proceedings against the kuthaka holders who have defaulted payments, by initiating revenue recovery proceedings in terms of the said 10 W.P.(C)No.41203 of 2022 notification. Paragraph 45 of the said judgment/order reads thus; “45. The Travancore Devaswom Board and its officials are directed to ensure strict compliance of the directions contained in the decisions of this Court in **Abu K.S. v. Travancore Devaswom Board [2022/KER/6409 : 2022 SCC OnLine Ker 1642]** , **Suneesh K.S. v. Travancore Devaswom Board and others [ILR (2022) 1 Ker 1091 : 2022/KER/5139]** and **Sunil Kumar P.G. v. State of Kerala and others [2022/KER/71822]** while conducting the auction of Kuthaka rights in Sabarimala Devaswom. Recovery proceedings shall be initiated against the defaulters, in terms of the notification, i.e., G.O.(P)No.83/2023/RD dated 17.03.2023 (Published in Kerala Gazette Extraordinary No.1001 dated 18.03.2023), whereby the provisions of the Kerala Revenue Recovery Act are made applicable to the recovery of amounts due from any persons or class of persons to the Travancore Devaswom Board.” 12. Another relief sought for in this writ petition is an order directing the Travancore Devaswom Board to provide basic amenities to the pilgrims free of cost. 13. The learned Standing Counsel for Travancore Devaswom Board would point out that Annadhanam, drinking water, toilet facilities, etc. are provided to pilgrims at Sabarimala, free of cost. 14. In SSCR No.23 of 2022, this Court has issued various 11 ## W.P.(C)No.41203 of 2022 directions to ensure that Annadhanam is provided to pilgrims at Sabarimala Sannidhanam, Nilakkal and Pamba. In terms of the directions contained in the orders of this Court, officials of the Board were deputed to monitor the activities relating to Annadhanam at Sannidhanam, Nilakkal and Pamba, who were directed to report any shortfall in Annadhanam to the Special Commissioner, Sabarimala, so as to enable this Court to issue appropriate orders. In case, the petitioner is having any subsisting grievance regarding the basic amenities provided to pilgrims at Sabarimala, he has to file a representation before the 2[nd] respondent Travancore Devaswom Board, in which event, the Board shall consider the same and pass appropriate orders thereon. With the above direction, this writ petition is disposed of. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** **yd** 12 W.P.(C)No.41203 of 2022 ## APPENDIX ``` PETITIONER EXHIBITS Exhibit P1 THE COMMON CONDITIONS FOR THE PERIOD FROM 10.11.2022 TO 31.10.2023 NUMBERED AS R.O.C.53/22/SAB DATED 28.09.2022 . Exhibit P2 THE TRUE COPY OF THE E.O.P NO. 766/20/SAB DATED 19.05.2022 . Exhibit P3 TRUE COPY OF THE DEMAND NOTICE FOR RS.51,297/- DATED 31.08.2017 . Exhibit P4 TRUE COPY OF THE DEMAND NOTICE FOR RS.26,59,297/- DATED 31.08.2017 . Exhibit P5 TRUE COPY OF THE ORDER OF MUNSIFF COURT, RANNI DATED 25.01.2022. ```