Shree Bhagyanagar Ayyappa Seva Samithi (BASS) v. State of Kerala and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G. GIRISH ``` ``` FRIDAY, THE 17[TH] DAY OF NOVEMBER 2023 / 26TH KARTHIKA, 1945 ``` ``` WP(C) NO.37003OF 2023 ``` ## **`PETITIONER:`** ``` SHREE BHAGYANAGAR AYYAPPA SEVA SAMITHI (BASS) H NO.5-2-899, RISALA ABDULLA, OSMANGUNJ HYDRABAD- 500012, REP BY ITS PRESIDENT, K.RADHAKRISHNA S/O.LATE K.LINGAM, RESIDING AT H NO. 5/2/899 RISALA ABDULLA, OSMANGUNJ, HYDRABAD-, PIN - 500012 ``` ``` BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA) ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEVASWOM DEPARTMENT, THIRUVANANTHAPURAM - 695001`** - **`2 TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANDANCODE THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695003`** - **`3 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM - 695003`** - **`4 THE SPECIAL COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM - 695003`** ``` 2 ``` W.P(C)No.37003 of 2023 ``` 5THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003 ``` ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` W.P(C)No.37003 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner, which is a society registered under Andhra Pradesh Societies Registration Act, 2001, vide Ext.P1 certificate of registration dated 26.10.2009, 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 permit the petitioner to conduct ‘Annadanam’ at Sannidhanam and Nilakkal (near Shiva Temple) during Mandala-Makaravilakku festival season of 1199 ME (2023-24). According to the petitioner, it is a society, which is rendering services for the welfare of the devotees of Lord Ayyappa by providing free ‘Annadanam’ at Nilakkal during Mandala-Makaravilakku festival season, from the year 2009 till 2015, with the permission of the Travancore Devaswom Board. In paragraph 3 of the statement of facts of the writ petition, it is stated that the petitioner society consists of 430 members, which includes IT Professionals, Doctors, Engineers, Chartered Accountants, Business Entrepreneurs and a Legal Advisor. Funds are being collected from the members alone and audit of accounts is being done every year. ``` 4 ``` W.P(C)No.37003 of 2023 2. The petitioner society had earlier approached this Court in W.P(C)No.26622 of 2021, seeking a writ of mandamus commanding the 2[nd] respondent Travancore Devaswom Board to permit the petitioner to conduct ‘Annadanam’ at Nilakkal (near Shiva Temple) during Mandala-Makaravilakku festival season of 1197 ME (2021-22). That writ petition was disposed of by Ext.P2 judgment dated 03.12.2021. Paragraphs 14, 15 and also the operative portion of that judgment read thus; “14. In the statement, the specific stand taken by the Travancore Devaswom Board is that, during MandalaMakaravilakku festival 2021-22, considering the safety of the pilgrims it cannot permit any other organisation to conduct Annadanam independently. But the petitioner society 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. The decision taken by the Board, considering the safety of the pilgrims during COVID-19 pandemic situation, that it cannot permit any other organisation to conduct Annadanam independently, warrants no interference in exercise of the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. 15. The learned counsel for the petitioner would submit that, the petitioner society is prepared to join with the Travancore Devaswom Board for Annadanam. In the above circumstances, interference is declined on ``` 5 ``` W.P(C)No.37003 of 2023 the decision taken by the Travancore Devaswom Board not to permit the petitioner society to conduct Annadanam independently during Mandala-Makaravilakku festival 2021-22. However, it will be open to the petitioner society 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 society, in case the society 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 society is prepared only to supplement men and materials, the society 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 society the type of materials, vegetables, etc., required for Annadanam so as to enable the society to supply such materials and vegetables. It is made clear that, if the petitioner society is permitted to provide men, they shall abide by the instructions of the Executive Officer or such officer deputed by him to co-ordinate Annadanam.” 3. Thereafter, the petitioner again approached this Court in W.P(C)No.35827 of 2022, seeking an order directing the 2[nd] respondent Board to permit the petitioner to conduct ‘Annadanam’ at Sannidanam and Nilakkal (near Shiva Temple) during Mandala-Makaravilakku festival season of 1198 ME ``` 6 ``` W.P(C)No.37003 of 2023 (2022-23). That writ petition was disposed of by Ext.P3 judgment dated 10.11.2022. Paragraphs 6 to 10 of that judgment read thus; “6. The specific stand taken in paragraphs 6 to 8 of the counter affidavit filed by the 2nd respondent Travancore Devaswom Board is 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, with seating facility for 2,000 pilgrims at a time. 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 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 is in the final stage. 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 ``` 7 ``` W.P(C)No.37003 of 2023 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 also constructed a twostoried 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 sufficient quantity of drinking water and ‘chukkuvellam’ to the pilgrims at Annadanam hall and also at different points throughout the trekking path from Pamba to Sannidhanam. 7. The learned Standing Counsel for Travancore Devaswom Board would submit that Annadanam in Sannidhanam is now conducted in the newly constructed Annadana Mandapam, where free food is provided to the devotees during all days when the temple is opened for pooja. The facility provided by the Board is enough to meet the requirements of the pilgrims. Annadanam Hall with more than 1,40,000 sq. ft. area, with a seating facility of 2,000 pilgrims at a time can accommodate 5,000 pilgrims at a time, without seating arrangements. 8. The learned counsel for the petitioner Samithi would submit that the Samithi may be permitted to join with the 2nd respondent Board for Annadanam, as permitted during Mandala-Makaravilakku festival season of 1197 ME, vide Ext.P2 judgment dated 03.12.2021 in W.P.(C)No.26622 of 2021. 9. In such circumstances, this writ petition is disposed of by making it clear that it will be open to the petitioner Samithi to join with the 2[nd] respondent Board for conducting ``` 8 ``` W.P(C)No.37003 of 2023 Annadanam, by providing men and materials. It will be open to the petitioner Samithi to transfer funds to the Annadanam Trust Fund of the 2nd respondent Board, which will be exclusively used for that purpose; however, the petitioner Samithi shall not collect any amount from the pilgrims for that purpose. In case the petitioner Samithi does not want to transfer funds to the 2nd respondent 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 petitioner Samithi the type of materials, vegetables, etc., required for Annadanam, so as to enable the Samithi to supply such materials and vegetables. It is made clear that if the petitioner Samithi is permitted to provide men, they shall abide by the instructions of the Executive Officer, or such officer deputed by him to co-ordinate Annadanam. 10. It also ordered that the Assistant Executive Officer, Sabarimala, who is in the rank of Assistant Devaswom Commissioner, shall monitor the entire activities relating to Annadanam at Sabarimala and Administrative Officers at Pamba and Nilakkal shall 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, the same shall be reported to the Special Commissioner, Sabarimala, who shall bring it to the notice of this Court for immediate interference.” 4. Seeking permission to conduct ‘Annadanam’ at ``` 9 ``` W.P(C)No.37003 of 2023 Sannidanam and Nilakkal (near Shiva Temple) during MandalaMakaravilakku festival season of 1199 ME (2023-24), the petitioner submitted Exts.P4 to P6 representations dated 14.09.2023 before the 2[nd] respondent Board and its officials. Thereafter, the petitioner has approached this Court in this writ petition, seeking the aforesaid relief. 5. On 08.11.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. Accordingly, the matter was ordered to be listed on 13.11.2023. 6. On 13.11.2023, when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board, on instructions, submitted that during Mandala-Makaravilakku festival season of 1198 ME (2022-23), the petitioner society provided men and materials for ‘Annadanam’ at Nilakkal from 06.01.2023 to 14.01.2023. The learned Standing Counsel pointed out that the petitioner society is collecting money from the devotees of Lord Ayyappa for ‘Annadanam’ at Sabarimala. In order to substantiate the said fact, the learned Standing Counsel has made available for the perusal of this Court a few screenshots of the website ``` 10 ``` W.P(C)No.37003 of 2023 maintained by the petitioner society, ‘www.annaprasadam.in’. The learned counsel for the petitioner sought time to get instructions and the matter was adjourned to 15.11.2023. Three screenshots re-produced in the order of this Court dated 13.11.2023 are re-produced hereunder; **==> picture [304 x 452] intentionally omitted <==** ``` 11 ``` W.P(C)No.37003 of 2023 **==> picture [370 x 600] intentionally omitted <==** ``` 12 ``` W.P(C)No.37003 of 2023 **==> picture [359 x 599] intentionally omitted <==** ``` 13 ``` W.P(C)No.37003 of 2023 7. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1[st] respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5. 8. On a query made by this Court, the learned counsel for the petitioner would submit that the screenshots reproduced in the order of this Court dated 13.11.2023, which are re-produced hereinbefore at paragraph 6 at page numbers 10 to 12, are the screenshots of the website maintained by the petitioner society. 9. The learned Standing Counsel for the Travancore Devaswom Board would point out that, as evident from the aforesaid screenshots, the petitioner society is collecting donations from the devotees of Lord Ayyappa for conducting Annadhanam at Nilakkal (near Siva Temple). 10. 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 ``` 14 ``` W.P(C)No.37003 of 2023 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. 11. Section 24 of the Act deals with the maintenance of Devaswoms, etc., out of the 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 ``` 15 ``` W.P(C)No.37003 of 2023 economic betterment of the Hindu community. 12. Section 31 of the Act deals with the 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. 13. 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. 14. 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 ``` 16 ``` W.P(C)No.37003 of 2023 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. 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. 15. In **Sabarimala Ayyappa Seva Samajam v. State of Kerala and others [2023:KER:21335 : 2023 KHC OnLine 9353]** a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, held that when - full fledged Annadanam, round the clock, with a specified menu, is being conducted by the Travancore Devaswom Board at Sannidhanam, Pamba and Nilakkal, the additional 4[th] respondent Akhila Bharatha Ayyappa Seva Sangham or any other organisation like the petitioner Sabarimala Ayyappa Seva Samajam cannot insist that they should also be permitted to conduct Annadanam at Sabarimala, Pamba and Nilakkal, independently. The Division Bench found absolutely no merit in the contention of the additional 4[th] respondent Sangham that, ``` 17 ``` W.P(C)No.37003 of 2023 on the strength of Ext.R2(a)/R4(a) judgment dated 14.11.2017 of the Division Bench of this Court in W.P.(C)No.26754 of 2017, the additional 4[th] respondent 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 Travancore Devaswom Board at Sannidhanam, Pamba and Nilakkal. In view of the statutory mandate of clause (iv) of Section 15A of the Act, the 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 Board, which has been extracted at paragraph 6 of that 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 the Annadanam fund have to be subjected to audit by the Local Fund Audit, within the statutory time limit, without any default whatsoever. Paragraphs 18 to 29 of that judgment read thus; “18. The request made by the petitioner Samajam in Ext.P13 representation dated 05.10.2022 made before ``` 18 ``` W.P(C)No.37003 of 2023 the 2nd respondent Board is mainly for granting permission to offer Annadanam at Pamba, Nilakkal and Erumeli during monthly poojas and MandalaMakaravilakku festival season of 1198 ME (2022-23). In the counter affidavit filed by the 2nd 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 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 ``` 19 ``` W.P(C)No.37003 of 2023 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 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 ``` 20 ``` W.P(C)No.37003 of 2023 arranging the hall and the tables. The Board is expecting approximately 30,000 to 35,000 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 twostoried 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 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 ``` 21 ``` W.P(C)No.37003 of 2023 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 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 ``` 22 ``` W.P(C)No.37003 of 2023 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 4th respondent Akhila Bharatha Ayyappa Seva Sangham to conduct 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 4th 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 ``` 23 ``` W.P(C)No.37003 of 2023 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 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 ``` 24 ``` W.P(C)No.37003 of 2023 spent by the Board 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 4th respondent Sangham would submit that Sangham is not having 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 MandalaMakaravilakku festival season. On another query made ``` 25 ``` W.P(C)No.37003 of 2023 by this Court, the learned counsel for the additional 4th 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 2nd 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, the conclusion is irresistible that, when a full-fledged Annadanam, round the clock, with a specified menu, is being conducted by the Board at Sannidhanam, Pamba and Nilakkal, the additional 4th 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 4th respondent Sangham that, 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 ``` 26 ``` W.P(C)No.37003 of 2023 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 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 2nd 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 2nd 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 have to be subjected to audit by the ``` 27 ``` W.P(C)No.37003 of 2023 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 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 twostoried 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] ``` 28 ``` W.P(C)No.37003 of 2023 respondent Board to conduct Annadhanam at Sannidhanam, 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.” 16. The judgment of this Court in **Sabarimala Ayyappa** **Seva Samajam [2023 KHC OnLine 9353]** was under challenge before the Apex Court in SLP(C) No.23092 of 2023 filed by Akhila Bharatha Ayyappa Seva Sangham, the additional 4[th] respondent in W.P(C)No.35062 of 2022. That SLP ended in dismissal by the order dated 10.10.2023, declining interference with the judgment of this Court. 17. In view of the statutory mandate of clause (iv) of Section 15A of the Act, the 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 Board, which has been extracted at paragraph 6 of the judgment in **Sabarimala Ayyappa Seva Samajam [2023** - **KHC OnLine 9353]** . When full fledged Annadanam, round the clock, with a specified menu, is being conducted by the Travancore Devaswom Board at Sannidhanam, Pamba and ``` 29 ``` W.P(C)No.37003 of 2023 Nilakkal, during Mandala-Makaravilakku festival seasons, the petitioner society or any other organisation cannot insist that they should also be permitted to conduct Annadanam at Sabarimala, Pamba and Nilakkal, independently. 18. During Mandala-Makaravilakku festival seasons of 1197 ME and 1198 ME, the petitioner society was granted permission to provide men and materials for ‘Annadanam’ at Sannidanam and Nilakkal. From the submission made by the learned Standing Counsel for Travancore Devaswom Board, we notice that during the Mandala-Makaravilakku festival season of 1198 ME, the petitioner society provided men and materials from 06.01.2023 till 14.01.2023. The petitioner society is collecting donations from the devotees of Lord Ayyappa for conducting Annadhanam at Nilakkal (near Siva Temple). The said fact is evident from the screenshots of the website maintained by the petitioner society, which are re-produced hereinbefore at paragraph 6 at page numbers 10 to 12. 19. On a query made by this Court, the learned counsel for the petitioner submitted that the screenshots re-produced hereinbefore are the screenshots of the website maintained by the petitioner society. In order to secure orders from this Court ``` 30 ``` W.P(C)No.37003 of 2023 for conducting Annadhanam at Sabarimala, the petitioner society made a false statement in paragraph 3 of the statement of facts of the writ petition that funds are being collected from the members alone. 20. As stated by Scrutton, L.J., in **R. v. Kensington Income Tax Commissioners [(1917) 1 KB 486]** an applicant who does not come with candid facts and 'clean breast' cannot hold a writ of the Court with 'soiled hands'. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, maneuvering or misrepresentation, which has no place in equitable and prerogative jurisdiction. 21. In the above circumstances, the petitioner society is not entitled to grant of a writ of mandamus commanding the 2[nd] respondent Travancore Devaswom Board to permit the petitioner society to conduct ‘Annadanam’ at Sannidhanam and Nilakkal (near Shiva Temple) during Mandala-Makaravilakku festival season of 1199 ME (2023-24). The Travancore Devaswom Board shall issue an advisory to the pilgrims, informing the facilities provided at Sannidanam, Nilakkal and Pampa for ‘Annadanam’ and that, any contribution ``` 31 ``` W.P(C)No.37003 of 2023 for ‘Annadanam’ at Sabarimala can only be made to the Annadanam Trust Fund and not to any other organisations. An advisory to that effect shall also be published in the Virtual-Q platform. Sd/- Sd/- **G. GIRISH, JUDGE** vgd ``` 32 ``` W.P(C)No.37003 of 2023 ## **`APPENDIX OF WP(C) 37003/2023`** ## **`PETITIONER’S EXHIBITS`** ``` EXHIBIT P1TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.576 OF 2009 OF THE PETITIONER SAMITHI DATED 26-10-2009 AND MEMORANDUM OF THE SOCIETY ``` ``` EXHIBIT P2TRUE COPY OF THE JUDGMENT DATED 3/12/2021 IN WRIT PETITION NO.26622/2021 EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED 10-11-2022 IN WRIT PETITION NO.35827/2022 ``` ``` EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED 14-9-2023 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT, TRAVANCORE DEVASWOM BOARD, SABARIMALA ``` ``` EXHIBIT P5TRUE COPY OF THE REPRESENTATION DATED 14-9-2023 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT ``` ``` EXHIBIT P6TRUE COPY OF THE REPRESENTATION DATED 14-9-2023 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ```