Sabarimala Ayyappa Seva Samajam v. State of Kerala, Travancore Devaswom Board, Commissioner of Devaswom, and Akhila Bharatha Ayyappa Seva Sangham

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 WP(C) NO.35062 OF 2022 ``` ## **`PETITIONER/S:`** ``` SABARIMALA AYYAPPA SEVA SAMAJAM, REGISTRATION NO.226/2008 ADMINISTRATIVE OFFICE: AYYAPPA VIHAR, SHIVA TEMPLE ROAD, VIYYUR, THRISSUR - 680 010, REPRESENTED BY ITS GENERAL SECRETARY ERODE N.RAJAN. ``` ``` BY ADVS. S.SUJIN POOJA SURENDRAN ``` ## **`RESPONDENT/S:`** - **`1 STATE OF KERALA, REPRESENTED BY IT SECRETARY, **(DEPARTMENT OF DEVASWOM), SECRETARIAT, THIRUVANANTHAPURAM695001. **THE WORDS "DEPARTMENT OF DEVASWOM" IN THE DESCRIPTION OF 1ST RESPONDENT STANDS CORRECTED AS "REVENUE (DEVASWOM) DEPARTMENT" AS PER ORDER DATED 02-11-2022)`** - **`2 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM -695 003, REPRESENTED BY ITS SECRETARY.`** - **`3 THE COMMISSIONER OF DEVASWOM, DEVASWOM HEAD QUARTERS TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM -695 003.`** - **`4 ADDL. R4 AKHILA BHARATHA AYYAPPA SEVA SANGAM NO.22/64, P.B.NO.5146, FORT P.O., THIRUVANANTHAPURAM-695 023, REPRESENTED BY ITS GENERAL SECRETARY VELAYUDHAN NAIR.`** WP(C) No.35062 of 2022 2 ``` (ADDL.R4 IMPLEADED AS PER ORDER DATED 28-11-2022 IN IA 1/2022.) ``` ``` BY ADVS. SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD FOR R2 AND R3 A.BALAGOPALAN A.RAJAGOPALAN M.N.MANMADAN M.S.IMTHIYAZ AHAMMED P.SEENA ``` ``` SRI.S.RAJMOHAN, SENIOR GOVT. PLEADER FOR R1 ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.01.2023, THE COURT ON 04.04.2023 DELIVERED THE FOLLOWING: ``` WP(C) No.35062 of 2022 3 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioner, namely, Sabarimala Ayyappa Seva Samajam, which is a Public Charitable Trust covered by Ext.P1 registered Deed of Trust dated 13.11.2008, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Travancore Devaswom Board to consider the request made by the petitioner Samajam in Ext.P13 representation dated 05.10.2022 for offering Annadanam in Sabarimala. Going by the averments in the writ petition, the object of the petitioner Samajam is to safeguard the interest and welfare of the devotees of Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple, utilising the funds collected from the members of the Trust. The Samajam was offering Annadanam in Sabarimala for past several years. Later, the Travancore Devaswom Board took a stand that the Samajam cannot be permitted to offer Annadanam and that, the Board will conduct Annadanam by itself. The document marked as Ext.P2 is a copy of the order of this Court dated 05.10.2010 in DBP No.67 of 2010, in which this Court acknowledged the service rendered by the petitioner Samajam at Sabarimala. When WP(C) No.35062 of 2022 4 there was a crisis in relation to the maintenance of toilet complexes, the petitioner Samajam was one among the three organisations chosen for crisis management, which is discernible from Ext.P3 order dated 17.11.2011 in DBA No.53 of 2010. The volunteers of the petitioner Samajam were deputed for rendering assistance to traffic management and even for the counting of kanikka in Sabarimala during festival seasons. The petitioner Samajam was allowed to offer Annadanam in the space allotted to it for around 8 years. However, permission was declined in the year 2017, to all organisations, to offer Annadanam. 2. By the order in W.P.(C)No.26754 of 2017, this Court directed the Travancore Devaswom Board to permit Akhila Bharatha Ayyappa Seva Sangham to offer Annadanam; however, other writ petitions including that filed by the petitioner Samajam as W.P.(C)No. 34182 of 2017 were considered after the season and were closed without going into the merits of the matter and leaving liberty to the parties to approach this Court again, during the next season. The document marked as Ext.P4 is the judgment of this Court dated 13.03.2018 in W.P.(C)No.34182 of 2017. In the year 2018, the petitioner Samajam was not granted permission to offer Annadanam at Sabarimala. When WP(C) No.35062 of 2022 5 W.P.(C)No.27138 of 2018 came up for consideration, the stand adopted by the Travancore Devaswom Board was that the Board has decided not to grant permission to any person or entity to offer Annadanam at Sabarimala. Accordingly, the said submission was recorded and the writ petition was closed by Ext.P5 judgment dated 29.10.2018. However, by Ext.P6 order dated 20.11.2018, the Board granted permission to the petitioner Samajam to offer Annadanam at Nilakkal and Pamba during the festival season of 1194 ME (2018-19), subject to the conditions stipulated therein. For the year 1195 ME (2019-20), the petitioner Samajam submitted Ext.P7 application dated 24.10.2019 seeking permission to offer Annadanam at Sannidhanam, Pamba, Nilakkal and Erumeli. Permission was also sought for providing stretcher facilities to the pilgrims and for supply of medicated drinking water. Based on Ext.P7 representation, the 3[rd] respondent Commissioner vide Ext.P8 letter dated 16.11.2019 granted permission for stretcher service and supply of medicated water. 3. Challenging the action of the Board in ignoring the request made by the petitioner for offering Annadanam, the petitioner Samajam filed W.P.(C)No.31920 of 2019, wherein this WP(C) No.35062 of 2022 6 Court passed Ext.P11 interim order dated 08.01.2020 granting permission to the Samajam to offer Annadanam independently in the space allotted to them by the Board and which is in their possession, after obtaining fire audit by the Fire and Rescue Department, subject to the conditions stipulated therein, till the conclusion of Makaravilakku season of 1195 ME (2019-20). The said writ petition was later dismissed, by the judgment dated 23.11.2022, leaving open the legal and factual contentions and without prejudice to the right of the petitioner Samajam to prosecute this writ petition. The petitioner Samajam submitted Ext.P9 representation dated 25.10.2021 seeking permission to offer Annadanam at Sannidhanam, Pamba, Nilakkal and Erumeli during from 15.11.2021 Mandala-Makaravilakku festival season of 1197 ME (2021-22). The petitioner Samajam has placed on record Ext.P10 photographs to show that the Board permitted Akhila Bharatha Ayyappa Seva Sangham to offer Annadanam at Sannidhanam. 4. The petitioner Samajam filed W.P.(C)No.26623 of 2021 seeking an order directing the Board to consider the request made in Ext.P10 to offer Annadanam at Sabarimala. That writ petition was disposed of by Ext.P12 judgment dated 06.12.2021, WP(C) No.35062 of 2022 7 declining interference on the decisions taken by the Board not to permit the petitioner Samajam to offer Annadanam independently during Mandala-Makaravilakku festival season of 1197 ME (2021-22). In the said judgment it was made clear that, it will be open to the petitioner Samajam to join with the Board for conducting Annadanam by providing men and materials and can transfer funds to the Annadanam Trust Fund of the Board, which will be exclusively used for that purpose. It will be open to the petitioner Samajam, in case it does not want to transfer the funds for conducting Annadanam to the Travancore Devaswom Board, to offer men and materials to the Board to perform Annadanam and in case of such an offer, the Board shall take appropriate decision thereon. In case the petitioner Samajam is prepared only to supplement men and materials, the petitioner shall intimate the Executive Officer, Sabarimala regarding the same and on getting such information, it will be open to the Executive Officer to let know the petitioner the type of materials, vegetables, etc., required for Annadanam so as to enable them to supply such materials and vegetables. It was made clear that, if the petitioner Samajam is permitted to provide men, they shall abide by the instructions of the Executive Officer or such officer WP(C) No.35062 of 2022 8 deputed by him to co-ordinate Annadanam. By Ext.P12 judgment, W.P.(C)No.26623 of 2021 was disposed of as above, leaving open the contentions raised by the petitioner against grant of permission to Akhila Bharatha Ayyappa Seva Sangham to offer Annadanam at Sabarimala. The petitioner submitted Ext.P13 application dated 05.10.2022 seeking permission to offer Annadanam at Sabarimala during Maasapoojas and MandalaMakaravilakku festival season of 1198 ME (2022-23) and thereafter approached this Court in this writ petition seeking the aforesaid reliefs. 5. On 02.11.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for the 1[st] respondent. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 and 3. 6. The 2[nd] respondent Travancore Devaswom Board has filed a counter affidavit dated 10.11.2022 opposing the reliefs sought for in this writ petition. Paragraphs 5 to 15 of that counter affidavit read thus; “5. It is submitted that the offering of Annadanam is a matter that has to be controlled, regulated and modulated closely by the Travancore Devaswom Board to ensure the WP(C) No.35062 of 2022 9 quality of food, hygienic and sanitary requirements with respect to the preparation and serving of the food. The Board has planned and is prepared to provide Annadanam to all pilgrims who reach Sabarimala, whatever be the number. Nobody can claim any statutory rights to offer Annadanam at Sabarimala. 6. It is submitted that in compliance with the directions issued by this Honourable Court, the Board has constructed an Annadanam hall at Sannidhanam, with more than 1,40,000 Sq.Ft. area where there is facility to seat 2,000 persons at a time. The Board has also arranged to provide sufficient drinking water and Chukku Vellam to pilgrims not only from this hall but at different points throughout the trekking path. Annadanam is being provided during day and night continuously, with a short intermittent break of 30 minutes for cleaning and arranging the hall and the tables. 7. It is submitted that the Board has made all arrangements for providing Annadhanam to the pilgrims throughout the day. Seating arrangements are available in the Annadhana Mandapam in Sabarimala to provide food for 2,000 persons at a time. Breakfast, Lunch and Supper will be given to the pilgrims throughout the day appropriately. Approximately 30,000 to 35,000 persons are expected for Annadhanam in one day. Board has sufficient facilities to provide food to more persons in the event, the foot fall is higher than this. The tender proceedings for supply of vegetables and other materials for preparation of food are in the final stage. Sufficient number of workers and other staff are arranged for the preparation and WP(C) No.35062 of 2022 10 distribution of food. A special officer is appointed in Sabarimala for the proper conduct of Annadhanam efficiently and without room for any complaints. 8. It is submitted that, Upma and Kadala dishes, Chukku kappi and Chukku vellam will be given for breakfast in the morning from 6 a.m. onwards. Meals with Ponni rice, Sambar, Aviyal, Thoran & Pickle/Vegetable Pulav, Salad & Pickle will be given for lunch from 12 noon onwards. Kuthari Kanji, Cherupayar Kari & Pickle/Upma & Kadala dishes will be given for Supper in the evening from 6 p.m onwards till the last person leaves Sannidhanam. Chukku Kappi is also being provided all the time. In addition to this Chukku vellam is arranged in the trekking path from Pamba to Sannidhanam at various points. The Board has also constructed a building at Pampa in 2 floors which has the capacity to provide food for 500 persons at a time. Sufficient arrangements are made in Nilakkal also for distribution of Annadanam. The same dishes will be given in Pampa and Nilakkal also. 9. It is submitted that the earlier petitioner approached this Court for the right to conduct Annadanam independently at Sabarimala, which was turned down by this Honourable Court vide Exhibits P4 and P5 judgments and permitted the petitioner organization to support the Annadanam conducted by Travancore Devaswom Board by providing men and materials. 10. The petitioner's contention is that the Devaswom Board has allowed the Akhila Bharata Ayyappa Seva Sangham, an organization similar to that of the petitioner, to perform Annadanam. It is submitted that the allegation of the WP(C) No.35062 of 2022 11 petitioner is baseless since the Board had not independently granted permission to Ayyappa Seva Sangham to conduct Annadanam. The permission granted to them is strictly in compliance with the direction issued by this Honourable Court. 11. It is submitted that the Akhila Bharata Ayyappa Seva Sangham approached this Honourable Court for the right to conduct Annadanam filing W.P.(C)No.26754 of 2017 since the Board did not grant permission to conduct Annadanam either in Sabarimala or Pampa. This Honourable Court had considered the claim of the Akhila Bharatha Ayyappa Seva Sangham in detail. Considering the services being offered by the said organization and also the fact that the said Sangham has all independent infrastructural facilities to cook and serve food, including kitchen, and the fact that they were not collecting any amount from anywhere for this purpose and also they were doing a lot of other voluntary services including sanitation, cleaning, stretcher services, oxygen parlors etc., this Honourable Court in modification of the earlier orders, permitted the Akhila Bharatha Ayyappa Seva Sangham to provide free food to Ayyappa devotees at Sannidhanam and Pampa subject to certain conditions. A true copy of the Judgment passed by this Honourable Court in W.P.(C) No.26754 of 2017 dated 14.11.2017 is produced herewith and marked as Exhibit R2(a). In the light of Exhibit R2(a) judgment, permission was granted to Akhila Bharatha Ayyappa Seva Sangham for conducting Annadanam at Sabarimala and Pamba strictly in compliance with the directions contained in the judgment. WP(C) No.35062 of 2022 12 12. It is submitted that the Annadanam in Sabarimala is now conducted by the Travancore Devaswom Board in the newly constructed Annadana Mandapam. The Board is providing free food to the devotees at Sannidhanam during all the days when the temple is opened for poojas. The Board did not grant permission to any independent organization, individual or NGO to conduct independent Annadanam at Sabarimala. The facility provided by the Board itself is enough to meet the requirements of the pilgrims. 13. It is submitted that the Travancore Devaswom Board being the custodian of the administration of the affairs in connection with Sabarimala in terms of the provisions of Travancore-Cochin Hindu Religious Institutions Act, and because the land which is otherwise part of Periyar Tiger Reserve was allotted for appropriate utilisation in connection with Sabarimala affairs. Hence the Board is obliged to have the complete control and management of all activities in the entire area. If third persons are inducted into its zone of operation by permitting others, even temporarily, for permissive occupation, to carry out any activity whatsoever unless that is abundantly necessary in connection with the affairs of Sabarimala that would be in excess of Travancore Devaswom Board's legitimate rights, duties and the situational requisites in terms of the Constitution and the laws including the statutes which directly govern the activities of Travancore Devaswom Board. It is submitted that there are complaints that private organizations collect donations/offerings from various individuals and institutions within the State and WP(C) No.35062 of 2022 13 outside and from the various parts of the world in the name of Sabarimala temple. Such collections made are never accounted for. 14. This Honourable Court by order dated 28.10.2015 in DBP No.136 of 2012 had ordered that the mechanism of an institutionalised provision for Annadanam should only be with the Board and the Board was directed to open a separate account for Annadanam fund unless there was already one earmarked for that purpose. Any individual, group of persons or institutions which desire to provide monetary support for Annadanam facilities at Sabarimala, Pampa, Nilakkal would be free to make earmarked deposits specifically for such purpose and all such amounts have to go to such Annadanam fund. This Honourable Court had further directed the Board to provide the requisite Annadanam support as may be called for on the facts and circumstances of every festival season. This Honourable Court further ordered that the Annadanam fund would be subjected to the Local Fund Audit as is done in the case of other accounts of the Board. 15. It is submitted that during the last festival season the Board received requests for granting permission to conduct Annadanam from different groups, but the Board did not grant any permission to any of the organisations. Some of them including the petitioner herein filed writ petitions, but this Honourable Court declined to interfere in the issue as there was no justifiable ground to interfere in that field. It is submitted that the petitioner Samajam does not have any paraphernalia at Sannidhanam to conduct Annadanam independently. Since the safety of the pilgrims is the prime WP(C) No.35062 of 2022 14 concern of the Board, it cannot permit any other organisation to conduct Annadanam independently. But the petitioner can join with the Board for Annadanam by providing men and materials and can transfer funds to the Annadanam Trust Fund of the Board, which will be exclusively used for that purpose.” 7. By the order dated 28.11.2022 in I.A.No.1 of 2022, Akhila Bharatha Ayyappa Seva Sangham represented by its Secretary was impleaded as the additional 4[th] respondent. The additional 4[th] respondent Sangham has filed a counter affidavit dated 11.12.2022. Paragraphs 4 to 14 of that counter affidavit read thus; “4. The 4[th] respondent Sangham respectfully submits that for several years during the Mandala-Makaravilakku season, it used to provide Annadanam, medicated water, medical units and stretcher service in various places in and around Sannidhanam and Pampa. That apart, it used to provide Annadanam and medicated water in the State of Kerala as well as in the State of Tamil Nadu. It is respectfully submitted that the President of the 2[nd] respondent Devaswom Board used to acknowledge the dedicated and meritorious services rendered by the 4[th] respondent Sangham. It had also given certificate of appreciation to the General Secretary of the 4[th] respondent Sangham for its volunteerism, outstanding performance and wonderful support of Safe Sabarimala Mission. 5. It is respectfully submitted that the 4[th] respondent Sangham is a member of the Sabarimala Sanitation Society, WP(C) No.35062 of 2022 15 Pathanamthitta which is in charge of sanitation at Sannidhanam, Pampa, Nilakkal, Panthalam and Kulanada. Every year 4[th] respondent Sangham is providing volunteers for the said purpose. This year also 4[th] respondent Sangham has provided volunteers for sanitation at the aforesaid places. 6. It is submitted that this Hon'ble Court permitted the 4[th] respondent Sangham to continue Annadanam considering its bonafide efforts in the welfare of Lord Ayyappa devotees during previous years. The 4[th] respondent Sangham is working according to the directions issued by the 2[nd] respondent and the Special Commissioner, Sabarimala. It is respectfully submitted that all the volunteers are doing free service and the 4[th] respondent Sangham is providing food and accommodation to them. The 4[th] respondent Sangham is bound to provide food and accommodation to its volunteers. 7. It is respectfully submitted that a decision by 2[nd] respondent Board to erect a new golden mast in Sabarimala Temple and was in the lookout of a suitable teak tree for the said purpose. On coming to know about the said decision, the 4[th] respondent Sangham submitted an application before the Hon'ble Minister for Forest seeking permission to cut and remove the teak tree bearing No.3046 standing in Valivaykkara Plantation. Thereafter, the 4[th] respondent Sangham submitted a request before the 2[nd] respondent Board to conduct inspection of the teak tree found out by it and to decide whether the same is suitable for the purpose. Accordingly, the 2[nd] respondent Board, directed the Chief Engineer to see the teak tree mentioned in the letter issued WP(C) No.35062 of 2022 16 by the 4[th] respondent Sangham and to submit a report regarding the same within 10 days. It is submitted that the 2[nd] respondent Board passed an order deciding to purchase teak tree bearing No.3046 found out by the 4[th] respondent Sangham. The 2[nd] respondent Board used to give copies of all the orders passed by it with respect to the erection of golden mast in Sabarimala Sannidhanam as the 4[th] respondent Sangham had taken a pivotal role in the erection of new golden mast. 8. It is respectfully submitted that this Hon'ble Court had appointed Advocate A.S.P. Kurup as the Advocate Commissioner to supervise the entire work relating to the erection of the golden mast. 4[th] respondent Sangham informed the advocate commissioner about its intention to dedicate the oil for submerging the teak pole. The 4[th] respondent Sangham donated the oil for submerging the teak pole used for erecting golden mast on the basis of the permission granted by the 2[nd] respondent Board. The 2[nd] respondent Board also accepted the said request and permitted the 4[th] respondent to supply the oil required for the said purpose. As directed by the advocate commissioner, 4[th] respondent Sangham deposited Rs.3,00,982/- towards cost of the oil and transportation expenses. 9. It is submitted that the Advocate Commissioner thereafter sent a letter to the Secretary of the 4[th] respondent Sangham informing him about the modalities chalked out by the advocate commissioner for carrying the teak pole from Pampa to Sannidhanam. The Advocate Commissioner also requested the 4[th] respondent Sangham to provide volunteers for carrying the teak pole. Accordingly, 4[th] WP(C) No.35062 of 2022 17 respondent Sangham provided volunteers for the said purpose. Therefore the Secretary had directed the persons who intend to act as volunteers for carrying the teak pole to take 'vrutham' and they should forward their identity cards to the Head Office. The teak pole was carried from Pampa to Sannidhanam with the active support of the volunteers provided by the 4[th] respondent Sangham. The Coimbatore District Unit of the 4[th] respondent Sangham had provided food to all the volunteers who participated for carrying the teak pole from Pampa to Sannidhanam. 10. It is respectfully submitted that when the 2[nd] respondent Board raised objections regarding the conduct of Annadanam in Pampa and Sannidhanam during the Mandala-Makaravilakku season 2015-2016, 4[th] respondent Sangham approached this Hon'ble Court by filing I.A.No.2924 of 2015 in DBP No.136 of 2012 seeking permission to continue with its Annadanam permission to Schemes and Medicated Water Supply as was being done during the previous years. This Hon'ble Court permitted the 4[th] respondent Sangham to continue Annadanam in Pampa and Sannidhanam during the Mandala-makaravilakku 201516 considering its bonafide efforts in the welfare of Lord Ayyappa devotees during previous years. The food items like grocery and vegetables were provided by the Tamil Nadu, Karnataka and Kerala State units of the 4[th] respondent Sangham. The said practice is being followed even now. 11. The 4[th] respondent Sangham respectfully submits that even though the 2[nd] respondent board providing Annadanam, it is not sufficient to cater the needs of lakhs of devotees coming to Sabarimala every day. Therefore, most of the WP(C) No.35062 of 2022 18 devotees will have to depend on hotels for taking food. The Annadanam provided by the 2[nd] respondent Board used to start only by 7 a.m. and stop by 10 a.m. Similar is the situation during the later hours of the day. It is submitted that the 4[th] respondent Sangham started its camp at Sannidhanam and Pamba on 17.11.2022. The camp was inaugurated by the Hon'ble Minister for Devesom in the presence of the President of the 2[nd] respondent Board and other officials working in Sabarimala. The 4[th] respondent Sangham is providing breakfast, lunch and dinner every day from 6.30 a.m. to 11.00 p.m. It is respectfully submitted that the 4[th] respondent Sangham is providing food to more than 20,000 devotees and more than 1,000 members of various departments functioning in Sabarimala every day from its camp at Sannidhanam. That apart the 4[th] respondent Sangham is providing food from its camp at Pamba to the Ayyappa devotees in Pampa and Sannidhanam during the last so many years by getting grocery and vegetables freely from its various units all over India. 12. It is respectfully submitted that the 4[th] respondent Sangham received rice, groceries and vegetables for providing Annadanam from its units spread all over India. It is submitted that the 4[th] respondent Sangham received grocery and rice weighing 12 tonnes and vegetable weighing 20 tonnes from its Chittoor Unit before the opening of the camp. Similarly, the Karnataka Unit gave 3 tonnes of rice and Tamil Nadu Unit gave grocery weighing 450 kgs and vegetable weighing 1 ton before 17.11.2022. The 4[th] respondent Sangham is keeping a register in its camp site at Sannidhanam and Pamba recording the number of WP(C) No.35062 of 2022 19 devotees coming to the camps for participating in Annadanam. That apart the 4[th] respondent Sangham received grocery weighing 60 tonnes, rice weighing 20 tonnes and vegetables weighing 60 tonnes from its State Council of Tamil Nadu. The State of Council of Karnataka provided grocery and rice weighing 13 tonnes till 07.12.2022. It is submitted that the 4[th] respondent Sangham is not collecting any amount from the devotees coming to Sabarimala or from anybody in and outside the State. The materials are supplied by the members of the Sangham voluntarily as an offering to Lord Ayyappa. 13. It is respectfully submitted that the 4[th] respondent is providing medicated drinking water to the devotees at Sopanam, near Holy 18 steps, Nadapandal, Marakkuttam and Appachimedu from 4 a.m. to 11.30 p.m. every day. The volunteers of the 4[th] respondent Sangham are doing the aforesaid service. The volunteers of the 4[th] respondent are also involved in sanitation services in Sabarimala along with the Police Department under the name 'Punnyam Poongavanam' and the project of the 2[nd] respondent Board under the name 'Pavithram Sabarimala'. The aforesaid services were also started from 17.11.2022 onwards. 14. The 4[th] respondent Sangham respectfully submits that the most valuable and precious service provided by it in Sabarimala is stretcher service for 24 hours at Sannidhanam, Sharamkuthi, Marakuttam, Appachimedu and Neelimedu. It is submitted that the volunteers of the 4[th] respondent Sangham have attended 282 cases from 17.11.2022 to 07.11.2022. The 4[th] respondent Sangham gave nebulization for 92 devotees from its oxygen parlours and provided first WP(C) No.35062 of 2022 20 aid to 7619 devotees. It is submitted that 801 volunteers are providing free services in connection with various activities provided by the 4[th] respondent as aforesaid. Out of the 801 volunteers, 728 volunteers are from Tamil Nadu, 62 are from Karnataka and 11 are from Kerala. It is respectfully submitted that after considering the meritorious service provided by the 4[th] respondent Sangham during the past several years, this Hon'ble Court as per its judgement dated 14.11.2017 in W.P.(C)No.26754 of 2017 filed by it permitted the 4[th] respondent Sangham to provide free food/Annadanam to Lord Ayyappa devotees at Sannidanam and Pamba during Mandalam-Makaravilakku season and during all days in which Sabarimala Temple is open with strict conditions. The true copy of the judgement passed by this Hon'ble Court in W.P.(C)No.26754 of 2017 dated 14.11.2017 is produced herewith and marked as Exhibit R4(a). The 4[th] respondent Sangham is providing free Annadanam from strictly adhering with the conditions mentioned in Exhibit R4(a) judgement.” 8. On 15.12.2022 when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions on the ‘Annadhanam’ facilities of the Board at Sannidhanam, Pamba and Nilakkal. The learned Standing Counsel submitted that video clippings of ‘Annadhanam’ facilities in the respective places shall be produced before this Court on the next posting date. The learned counsel for the additional 4[th] respondent Sangham WP(C) No.35062 of 2022 21 submitted that video clippings of the ‘Annadhanam’ facilities of the said respondent at Pamba and Sannidhanam shall also be produced before this Court on the next posting date. 9. Heard the learned Senior Counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent State, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 and 3 and also the learned counsel for the additional 4[th] respondent. The video clippings produced by the 2[nd] respondent Travancore Devaswom Board and the additional 4[th] respondent Sangham of ‘Annadhanam’ facilities in the respective places were viewed in open Court. 10. The learned Senior Counsel for the petitioner Samajam would submit that considering the voluntary service rendered by the Samajam for the last several years, the 2[nd] respondent Travancore Devaswom Board ought to have permitted the Samajam to offer Annadhanam at Sannidhanam, Pamba and Nilakkal, especially when the Board has permitted the additional 4[th] respondent Sangham to offer Annadanam at Sannidhanam and Pamba. The denial of such an opportunity to the petitioner Samajam is highly discriminatory and violative of Article 14 of the Constitution of India. WP(C) No.35062 of 2022 22 11. The learned Standing Counsel for the 2[nd] respondent Travancore Devaswom Board would submit that, as stated in the counter affidavit, the Board has already made arrangements for providing Annadhanam to the pilgrims throughout the day. In such circumstances, the petitioner Samajam or any other organisation cannot be permitted to offer Annadhanam at Sabarimala. The permission granted to the additional 4[th] respondent Sangham is based on the directions of this Court in Ext.R2(a) judgment. 12. The learned counsel for the additional 4[th] respondent Sangham would submit that considering the voluntary service rendered by the Sangham for the last several years, this Court in Ext.R2(a)/R4(a) judgment directed the 2[nd] respondent Board to permit Sangham to offer Annadhanam at Sannidhanam and Pamba. 13. 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. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the WP(C) No.35062 of 2022 23 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. 14. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community. WP(C) No.35062 of 2022 24 15. 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. 16. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve, which is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. 17. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 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 WP(C) No.35062 of 2022 25 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. 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. 18. The request made by the petitioner Samajam in Ext.P13 representation dated 05.10.2022 made before the 2[nd] respondent Board is mainly for granting permission to offer Annadanam at Pamba, Nilakkal and Erumeli during monthly poojas and Mandala-Makaravilakku festival season of 1198 ME (2022-23). In the counter affidavit filed by the 2[nd] respondent Board in this writ petition, the Board has reiterated its earlier stand in the counter affidavit filed in W.P.(C)No.35827 of 2022. Earlier the petitioner Samajam had approached this Court seeking permission to offer Annadanam independently, which was turned down by Exts.P4 and P5 judgments and the Samajam was permitted to support the Annadanam conducted by the Board, by providing men and materials. The Board, being the custodian of the administration of the affairs in connection with WP(C) No.35062 of 2022 26 Sabarimala in terms of the provisions of Act, and since the land, which is otherwise part of Periyar Tiger Reserve, was allotted for appropriate utilisation in connection with Sabarimala affairs, is obliged to have the complete control and management of all activities in the entire area. In the counter affidavit, it is pointed out that, there were complaints that private organisations collect donations/offerings from various individuals and institutions within and outside the State and also from various parts of the world in the name of Sabarimala Temple. Such collections made are never accounted for. In the order dated 28.10.2015 in DBP No.136 of 2012 and SSCR No.11 of 2015, this Court ordered that the mechanism of an institutionalised provision for Annadanam should only be with the Board and the Board was directed to open a separate account for Annadanam fund unless there was already one earmarked for that purpose. Any individual, group of persons or institutions which desire to provide monetary support for Annadanam facilities at Sabarimala, Pampa, Nilakkal would be free to make earmarked deposits specifically for such purpose and all such amounts have to go to such Annadanam Fund. This Court further directed the Board to provide the requisite Annadanam support, as may be called for, on the facts and WP(C) No.35062 of 2022 27 circumstances of every festival season. This Court further ordered that the Annadanam fund would be subjected to the Local Fund Audit, as is done in the case of other accounts of the Board. 19. The issue raised in this writ petition is covered by the judgment of a Division Bench of this Court dated 10.11.2022 in W.P.(C)No.35827 of 2022, in which one among us (Anil K. Narendran, J) was a party. In paragraph 6 of the judgment in W.P.(C)No.35827 of 2022, this Court noticed the specific stand taken in the counter affidavit filed by the Travancore Devaswom Board that, in compliance with the directions issued by this Court, the Board has constructed an Annadanam hall at Sannidhanam with more than 1,40,000 sq. ft. area, which is having a seating facility for 2,000 pilgrims at a time, which can accommodate 5,000 pilgrims at a time, without seating arrangements. The Board has made all arrangements for providing Annadanam to pilgrims throughout the day. Breakfast, lunch and supper will be given to the pilgrims throughout the day. Annadanam will be provided day and night continuously, with a short intermittent break of 30 minutes for cleaning and arranging the hall and the tables. The Board is expecting approximately 30,000 to 35,000 WP(C) No.35062 of 2022 28 persons per day for Annadanam. The Board has sufficient facilities to provide Annadanam to more persons, in the case of high footfall. The tender process for the supply of vegetables and other materials for the preparation of food (for MandalaMakaravilakku Festival season of 2022-23) is in the final stage. A sufficient number of workers and staff are arranged for the preparation and distribution of food. A Special Officer has been appointed in Sabarimala for the proper conduct of Annadanam efficiently and without giving room for any complaint. Upma and Kadala, Chukku kappi and Chukku vellam will be given for breakfast in the morning from 6.00 a.m. onwards. Meals with Ponni rice, Sambar, Aviyal, Thoran and Pickle/Vegetable Pulav, Salad and Pickle will be given for lunch from 12.00 noon onwards. Kuthari Kanji, Cherupayar curry and Pickle/Upma and Kadala will be given for Supper in the evening from 6.00 p.m. onwards till the last person leaves Sannidhanam. The Board has constructed a two-storied building at Pampa, which has the capacity to provide food for 500 pilgrims at a time. Sufficient arrangements for Annadanam are also made in Nilakkal. The same dishes will be given in Pampa and Nilakkal. The Board has also made arrangements to provide a sufficient quantity of drinking water WP(C) No.35062 of 2022 29 and ‘chukkuvellam’ to the pilgrims at Annadanam hall and also at different points throughout the trekking path from Pamba to Sannidhanam. 20. By the judgment dated 10.11.2022, W.P.(C)No.35827 of 2022 was disposed of, making it clear that it will be open to the petitioner therein to join with the Travancore Devaswom Board for conducting Annadanam, by providing men and materials. It will be open to the Samithi to transfer funds to the Annadanam Trust Fund of the Travancore Devaswom Board, which will be exclusively used for that purpose; however, the Samithi shall not collect any amount from the pilgrims for that purpose. In case the Samithi does not want to transfer funds to the Travancore Devaswom Board for conducting Annadanam, it will be open to the Samithi to offer men and materials to the Board to conduct Annadanam, and in case of such an offer, the Board shall take an appropriate decision thereon. Based on such a decision, it will be open to the Executive Officer, Sabarimala to let know the Samithi the type of materials, vegetables, etc., required for Annadanam, so as to enable the Samithi to supply such materials and vegetables. It was made clear that, if the Samithi is permitted to provide men, they shall abide by the WP(C) No.35062 of 2022 30 instructions of the Executive Officer, or such officer deputed by him to co-ordinate Annadanam. 21. In the judgment dated 10.11.2022 in W.P.(C)No.35827 of 2022, this Court directed the Assistant Executive Officer, Sabarimala, who is in the rank of Assistant Devaswom Commissioner, to monitor the entire activities relating to Annadanam at Sabarimala and Administrative Officers at Pamba and Nilakkal to monitor the entire activities relating to Annadanam at Pamba and Nilakkal. In the case of any shortfall in the conduct of Annadanam at Sannidhanam, Pamba or Nilakkal, they are directed to report the same to the Special Commissioner, Sabarimala, to bring it to the notice of this Court for immediate interference. In view of the directions contained in the judgment of this Court in W.P.(C)No.35827 of 2022 and also the order dated 28.10.2015 in DBP No.136 of 2012 and SSCR No.11 of 2015, the request made by the petitioner Samajam seeking permission to offer Annadhanam at Sabarimala, independently, can only be rejected. 22. One of the grievances of the petitioner Samajam is that the 2[nd] respondent Board is permitting the additional 4[th] respondent Akhila Bharatha Ayyappa Seva Sangham to conduct WP(C) No.35062 of 2022 31 Annadanam at Sabarimala. The stand taken in the counter affidavit filed by the 2[nd] respondent Board is that the additional 4[th] respondent Sangham is granted permission for conducting Annadanam at Sannidhanam and Pamba in compliance with the directions contained in Ext.R2(a) judgment of this Court dated 14.11.2017 in W.P.(C)No.26754 of 2017. The additional 4[th] respondent has also raised such a contention in the counter affidavit dated 11.12.2022, producing therewith a copy of that judgment as Ext.R4(a). A reading of paragraph 11 of Ext.R2(a) judgment would show that, before the Division Bench the additional 4[th] respondent Sangham stated that it is having own premises at Sannidhanam and Pamba for performing Annadanam and that the Sangham is ready and willing to provide Annadanam in other premises as well, if the Board is ready to provide sufficient space in this regard. Various other activities of the Sangham were also highlighted in that writ petition. A reading of paragraph 13 of Ext.R2(a) judgment would show that one of the contentions raised by the Sangham was that, even though the Board has submitted that Annadanam would be conducted throughout the day, that word was not honoured, by virtue of which large number of devotees were compelled to depend upon WP(C) No.35062 of 2022 32 hotels paying huge amount for taking food. It was also contended that Annadanam provided by the Board used to start only by 7.00 a.m. and stopped by 10.00 a.m. Similar intermissions were there during the daytime and also at night. 23. A reading of paragraph 14 of Ext.R2(a) judgment would show that, in the counter affidavit filed on behalf of the Board it was pointed out that the Board has constructed Annadanamandapam having a plinth area of about 1,40,000 sq.ft. As per order dated 28.10.2015 in DBP No.136 of 2012 and SSCR No.11 of 2015, it was stipulated that the mechanism of an institutionalised provision for Annadanam should only be with the Board and the Board was directed to open a separate account of Annadanam Fund; simultaneously making it clear that any individual group of persons or institutions desirous of providing monetary support for Annadanam would be free to make earmarked deposits for the said purpose and that such amount was to go to Annadanam Fund. In the said order this Court has also directed that Annadanam Fund will be subject to audit by the Local Fund Department, as done in the case of other accounts of the Board and it is being followed. In paragraph 15 of Ext.R2(a) judgment this Court noticed that the amounts spent by the Board WP(C) No.35062 of 2022 33 for Annadanam for various years from 2010-11 to 2014-15 were around Rs.1 Crore, whereas the amount spent during the year 2015-16 is about Rs.4.9 Crores. According to the Board, it conducted Annadanam for nearly 16 lakhs pilgrims in the year 2016-17. Taking note of the total number of pilgrims visiting Sabarimala during Mandala-Makaravilakku season, the Division Bench observed in Ext.R2(a) judgment that large number of pilgrims have no other way but to depend on hotels spending huge amount for their food. When Annadanam was offered to be conducted by the additional 4[th] respondent Sangham, which has proven credentials, what prejudice will be caused to the Board is not established either by pleadings or proof. That apart, the Sangham has specifically contended before the Division Bench that it is having its own premises at Sannidhanam and also at Pamba, with sufficient infrastructure and volunteers to perform Annadanam, catering to the needs of the pilgrims throughout day and night. The directions of the Division Bench contained in Ext.R2(a)/R4(a) judgment were issued in that context. 24. During the course of arguments, on a specific query made by this Court, the learned counsel for the additional 4[th] respondent Sangham would submit that Sangham is not having WP(C) No.35062 of 2022 34 its own premises at Sannidhanam or Pamba. The Sangham is only permitted to occupy the building owned by the Board, for the purpose of conducting Annadanam during Maasapooja and Mandala-Makaravilakku festival season. On an another query made by this Court, the learned counsel for the additional 4[th] respondent Sangham would submit that, the Division Bench of this Court rendered Ext.R2(a)/R4(a) judgment, at a time when full-fledged Annadanam by the 2[nd] respondent Board, round the clock, with a specified menu, in the newly constructed Annadanamandapam at Sannidhanam, was yet to commence. The fact that the 2[nd] respondent Board is conducting Annadhanam at Pamba and Nilakkal, round the clock with the very same menu is also not in dispute. 25. Therefore, conclusion is irresistible that, when fullfledged Annadanam, round the clock, with a specified menu, is being conducted by the Board at Sannidhanam, Pamba and Nilakkal, the additional 4[th] respondent Sangham or any other organisation like the petitioner herein cannot insist that they should also be permitted to conduct Annadanam at Sabarimala, Pamba and Nilakkal, independently. We find absolutely no merit in the contention of the additional 4[th] respondent Sangham that, WP(C) No.35062 of 2022 35 on the strength of Ext.R2(a)/R4(a) judgment, the Sangham can be permitted to conduct Annadanam at Sabarimala and Pamba, independently, in addition to the full-fledged Annadanam, round the clock, with a specified menu, conducted by the 2[nd] respondent Board at Sannidhanam, Pamba and Nilakkal. ## 26. In **M.V. Ramasubbiar v. Manicka Narasimachara** **[(1979) 2 SCC 65]** , in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. It is the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property if at all that was necessary, to the best advantage. 27. In the matter of **Audit Report of the Travancore Devaswom Board for the year 1967-68 (Sabarimala Improvement Fund)** reported in **[1990 (1) KLT 347]** , in the context of Section 32 of the Act, a Division Bench of this Court reminded the President and members of the Travancore Devaswom Board about their public accountability. In the said WP(C) No.35062 of 2022 36 decision **,** it was made clear that it is for all persons concerned to see that greater vigil is exercised by the President and members of the Board in the overall administration of the Board and in the collection and disbursement of funds. 28. In view of the statutory mandate of clause (iv) of Section 15A of the Act, the 2[nd] respondent Board is duty bound to maintain proper facilities for Annadanam at Sannidhanam, Pamba and Nilakkal, in order to ensure that the pilgrims are provided with Annadanam, in the manner stated in the counter affidavit filed by the 2[nd] respondent Board, which we have extracted hereinbefore at paragraph 6 of this judgment. Any shortfall in providing Annadanam to pilgrims either during Maasapooja or Mandala-Makaravilakku festival season has to be brought to the notice of this Court by the Special Commissioner, Sabarimala. The entire accounts of Annadanam fund has to be subjected to audit by the Local Fund Audit, within the statutory time limit, without any default whatsoever. 29. As noticed hereinbefore, in compliance with the directions issued by this Court, the Travancore Devaswom Board is directly providing Annadanam to pilgrims at Sannidhanam, Pamba and Nilakkal. In the Annadanam hall at Sannidhanam with WP(C) No.35062 of 2022 37 more than 1,40,000 sq. ft. area, which is having a seating facility for 2,000 pilgrims at a time, can accommodate 5,000 pilgrims at a time, without seating arrangements, the Board has made arrangements to provide Annadanam to pilgrims throughout the day. The Board has constructed a two-storied building at Pampa, which has the capacity to provide food for 500 pilgrims at a time. Sufficient arrangements for Annadanam are also made in Nilakkal. The same dishes served at the Annadanam hall in Sannidhanam are served in Pampa and Nilakkal. In terms of the orders of this Court, the Assistant Executive Officer, Sabarimala, who is in the rank of Assistant Devaswom Commissioner, is monitoring the entire activities relating to Annadanam at Sabarimala and Administrative Officers at Pamba and Nilakkal are monitoring the entire activities relating to Annadanam at Pamba and Nilakkal. Therefore, no devotee or organisation can be granted permission by the 2[nd] respondent Board to provide Annadhanam to pilgrims at Sannidhanam, Pamba or Nilakkal. Any devotee or organisation can transfer funds to the Annadanam Trust Fund of the Travancore Devaswom Board, which will be exclusively used for that purpose. It is for the 2[nd] respondent Board to conduct Annadhanam at Sannidhanam, WP(C) No.35062 of 2022 38 Pamba and Nilakkal, strictly in terms of the directions contained in the judgment of this Court in W.P.(C)No.35827 of 2022 and also the order dated 28.10.2015 in DBP No.136 of 2012 and SSCR No.11 of 2015. In the result, this writ petition fails and the same is accordingly dismissed. No order as to costs. **==> picture [43 x 12] intentionally omitted <==** Sd/- **N. NAGARESH, JUDGE** AV WP(C) No.35062 of 2022 39 ## **`APPENDIX OF WP(C) 35062/2022`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE TRUST DEED DATED 13.11.2008 OF THE PETITIONER TRUST. ``` ``` Exhibit P2TRUE COPY OF ORDER DATED 5.10.2010 IN DBP 67/2010 PASSED BY THIS HON'BLE COURT. ``` ``` Exhibit P3TRUE COPY OF ORDER DATED 17.11.2011 IN DBA 53/2010 AND CONNECTED CASES PASSED BY THIS HON'BLE COURT. ``` ``` Exhibit P4 ``` - **`Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 13.3.2018 IN W.P.C NO.34182/2017 PASSED BY THIS HON'BLE COURT.`** - **`Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 29.10.2018 IN W.P.C NO.27138/2018 PASSED BY THIS HON'BLE COURT.`** - **`Exhibit P6 TRUE COPY OF THE ORDER DATED 20.11.2018 ISSUED BY TRAVANCORE DEVASWOM BOARD.`** - **`Exhibit P7 TRUE COPY OF THE APPLICATION DATED 24.10.2019 SUBMITTED BY THE PETITIONER BEFORE TRAVANCORE DEVASOM BOARD.`** - **`Exhibit P8 TRUE COPY OF THE ORDER NO. ROC NO.22568/2018/SB DATED 16.11.2019 ISSUED ON BEHALF OF 3RD RESPONDENT.`** - **`Exhibit P9 TRUE COPY OF THE APPLICATION DATED 25.10.2021 SUBMITTED BY THE PETITIONER TO THE TRAVANCORE DEVASWOM BOARD.`** - **`Exhibit P10 TRUE COPY OF THE PHOTOGRAPHS OF THE ANNADANAM.`** - **`Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 08.01.2020 IN W.P(C) NO. 31920/2019.`** - **`Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 06/12/2021 IN W.P.(C) NO.26623/2021.`** WP(C) No.35062 of 2022 40 ``` Exhibit P13TRUE COPY OF THE APPLICATION DATED 05/10/2022 SUBMITTED BY THE PETITIONER BEFORE THE TRAVANCORE DEVASWOM BOARD. ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit R2(A)TRUE COPY OF THE JUDGMENT IN W.P(C) 26754/2017 DATED 14/11/2017 ``` ``` Exhibit R4(a)True copy of the judgement passed by this Honourable Court in WP Civil No 26754 of 2017 ```