SSCR 24 of 2022 (Suo Motu)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 8[TH] DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944 SSCR NO.24 OF 2022 ``` ## **`PETITIONER/S:`** ``` SUO MOTU ``` ## **`RESPONDENT/S:`** |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TO GOVERNMENT,`| ||`REVENUE (DEVASWOM) DEPARTMENT,`| ||`GOVERNMENT SECRETARIAT,`| ||`THIRUVANANTHAPURAM - 695001.`| |`2`|`THE TRAVANCORE DEVASWOM BOARD,`| ||`REPRESENTED BY ITS SECRETARY,`| ||`NANTHANCODE, KAWDIAR POST,`| ||`THIRUVANANTHAPURAM - 695003.`| |`3`|`THE EXECUTIVE OFFICER,`| ||`SABARIMALA, TRAVANCORE DEVASWOM BOARD,`| ||`NANTHANCODE, THIRUVANANTHAPURAM - 695003.`| |`4`|`DEVASWOM COMMISSIONER,`| ||`TRAVANCORE DEVASWOM BOARD,`| ||`NANTHANCODE, KAWDIAR POST,`| ||`THIRUVANANTHAPURAM - 695003.`| |`5`|`MOTO PACKAGING INDUSTRIES PVT. LTD.,`| ||`C-124, FIRST FLOOR, SECTOR 2 DISTT,`| ||`NOIDA UTTAR PRADESH - 201301,`| ||`REPRESENTED BY ITS AUTHORISED SIGNATORY.`| SSCR 24 of 2022 2 ``` 6 *ADDL R6- THE JOINT DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM, PIN - 695 003 *IS SUO MOTU IMPLEADED AS THE ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 21/11/22 IN SSCR 24/22 BY ADVS. SHRI.G.BIJU,SC, TRAVANCORE DEVASWOM BOARD K.SASIKUMAR S.ARAVIND K.SRIKUMAR (SR.) ``` ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI N.RAGHURAJ- AMICUS CURIAE ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` SSCR 24 of 2022 3 ## **O R D E R** ## Anil K.Narendran, J. The Special Commissioner, Sabarimala has filed this report regarding preparation of Appam and Aravana Prasadam at Sabarimala Sannidhanam for the Mandala-Makaravilakku festival season of 1198 M.E. (2022-23). In the report, the Special Commissioner has stated that the Travancore Devaswom Board has to take emergent steps to procure composite cans, which are having good quality, if possible from other sources also, so as to meet the anticipated increase in requirement of Aravana prasadam. The Board may be directed to take steps to negotiate with other sources also, including the suppliers during the previous festival seasons, to procure good quality cans with a view to ramp up the preparation of Aravana Prasadam at Sabarimala Sannidhanam. 2. On 21.11.2022 when this report came up for consideration, the Joint Director, Kerala State Audit Department, Travancore Devaswom Board Audit, was _suo motu_ impleaded as the additional 6[th] respondent. Having considered the report of the Special Commissioner, and taking note of the stand taken by the 3[rd] respondent Executive Officer, Sabarimala in Annexure 1 report SSCR 24 of 2022 4 dated 18.11.2022, this Court ordered notice by e-mail to the 5[th] respondent contractor, returnable by 22.11.2022. The learned Senior Government Pleader took notice for the 1[st] respondent and also for the additional 6[th] respondent. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 4. 3. On receipt of the notice, the 5[th] respondent contractor entered appearance through counsel. The Travancore Devaswom Board and the 5[th] respondent contractor have filed affidavits on various dates. This Court passed various orders in this SSCR on 22.11.2022, 24.11.2022, 28.11.2022, 30.11.2022, 06.12.2022, 20.12.2022, 23.12.2022, 03.01.2023 and 10.01.2023. 4. On 22.11.2022, when this SSCR came up for consideration, the 5[th] respondent contractor entered appearance through counsel and sought time to place on record an affidavit explaining the facts and circumstances, by 24.11.2022. Paragraphs 4 to 10 of the order passed by this Court on 22.11.2022, read thus: “4. The Special Commissioner, Sabarimala has reported that the total number of cans supplied by the 5[th] respondent till 18.11.2022, is around 8,00,000, as against 50,00,000 cans SSCR 24 of 2022 5 ## as per the supply order already issued. 5. The learned Standing Counsel for Travancore Devaswom Board would submit that, if the sale of Aravana is more than 2,00,000 per day, the 5[th] respondent has to supply a minimum quantity of 3,00,000 cans per day. The present stock of Aravana is 15,56,500 cans. Inclusive of the cans supplied by the previous contractor (48,98,646), the total stock of cans at Sannidhanam is 64,55,146, which is sufficient for supply of Aravana for a period of 25 days. The Board has already directed the 4[th] respondent Devaswom Commissioner to issue a show-cause notice to the 5[th] respondent, on his failure to supply sufficient quantity of cans, as per the terms of the contract. The learned Standing Counsel would submit that the affidavit on behalf of the 2[nd] respondent, explaining the facts and circumstances, shall be placed on record by 24.11.2022. 6. The learned counsel for the 5[th] respondent would submit that the affidavit of the said respondent shall also be placed on record by 24.11.2022. 7. The learned Senior Government Pleader would point out that the recommendation of the 4[th] respondent Executive Officer to negotiate with those who supplied cans for the previous years, in case there is any shortage of supply by the 5[th] respondent is legally impermissible, in view of the judgment of this Court dated 15.02.2021 in W.P.(C)No.21867 of 2020. 8. Having considered the submissions made at the Bar, we deem it appropriate to direct the 2[nd] respondent to take necessary steps to ensure that there is no shortage of SSCR 24 of 2022 6 supply of Aravana, during Mandala-Makaravilakku festival season of 1198 M.E. In case there is any default on the part of the 5[th] respondent in supplying sufficient quantity of cans having the required quality, it is for the Board to take stringent action against the 5[th] respondent. 9. Regarding Appam Prasadham, the learned Standing Counsel for Travancore Devaswom Board would submit that there is sufficient stock at Sannidhanam. The contractor has already engaged sufficient number of workers. 10. The Special Commissioner, Sabarimala, shall conduct an inspection of the facilities at Sannidhanam for Appam and Aravana Prasadham, who shall submit a report before this Court by 24.11.2022.” 5. On 24.11.2022, when this SSCR came up for consideration, the report of the Special Commissioner, Sabarimala was placed on record. This Court passed an order dated 24.11.2022. Paragraphs 7 to 11 of that order read thus; “7. In the report filed by the Special Commissioner, Sabarimala, it is stated that the bottom portion of some of the cans supplied by the 5[th] respondent for Aravana Prasadham are not seamed with the bottom lid, as a result of which, some cans have a tendency of leakage. On 23.11.2022, Aravana Prasadham was filled in 30,000 cans supplied by the 5[th] respondent, out of which, 447 cans were damaged due to detachment of the bottom lid and leakage of Aravana Prasadham, which would amount to about 1.49% of damage. 8. On 16.11.2022 onwards, the average off-take of Aravana SSCR 24 of 2022 7 cans by pilgrims is around 2,00,000 per day. However, on 22.11.2022 the off-take was 2,83,000 cans of Aravana Prasadham. As the pilgrim season is progressing, the footfall of devotees is increasing. However, the off-take of Aravana Prasadham by pilgrims may increase to more than 3,00,000 cans per day. 9. The learned Standing Counsel for Travancore Devaswom Board would submit that, the stand taken by the 5[th] respondent in paragraph 6 of the affidavit is that supply of 50,00,000 cans as per the work order, will be completed by 15.12.2022. The learned Standing Counsel and also the learned Senior Government Pleader would point out that, as per the purchase order dated 03.11.2022, the 5[th] respondent is required to supply 50,00,000 cans, with immediate effect. 10. The learned counsel for the 5[th] respondent and also the learned Standing Counsel for the Travancore Devaswom Board seek a short adjournment, since they are yet to be served with a copy of the report filed by the Special Commissioner. 11. The learned Standing Counsel for Travancore Devaswom Board shall get instructions on the stock of cans as on 26.11.2022 and also the details of the supply made by the 5[th] respondent till that date.” 6. On 28.11.2022, when this SSCR came up for consideration, the learned Senior Counsel for the 5[th] respondent contractor, with reference to a statement made by the President of Travancore Devaswom Board, which appeared in the Hindu daily SSCR 24 of 2022 8 dated 28.11.2022, submitted that there is adequate stock of Aravana Prasadam at Sabarimala Sannidhanam. The affidavit of the 5[th] respondent contractor was also placed on record. Paragraphs 4 to 7 of the order dated 28.11.2022 read thus; “4. After the tender process, the 5[th] respondent executed the agreement on 28.10.2022, as evidenced by Ext.R2(d) agreement. Immediately after the acceptance of bid, Annexure R2(c) supply order was issued to the 5[th] respondent on 14.10.2022 for 1,50,000,00 cans. After the execution of the agreement, Annexure R2(e) purchase order was issued to the 5[th] respondent on 03.11.2022, requiring the said respondent to supply 50,00,000 cans, forthwith. 5. From Annexure R2(b) report dated 26.09.2022 of the Superintendent of Police, Vigilance and Security, Travancore Devaswom Board, we notice that the facilities of the 5[th] respondent at Noida is having a capacity of 2,00,000 cans per day. 6. The learned Standing Counsel for Travancore Devaswom Board would point out that, as on date, the total quantity of cans supplied by the 5[th] respondent is only 17,15,200, which includes 84,000 cans supplied on 24.11.2022, 78,000 cans supplied on 25.11.2022, 72,000 cans supplied 26.11.2022 and 1,59,000 cans in transit. 7. After arguing for some time, the learned Senior Counsel for the 5[th] respondent seeks adjournment to get necessary instructions from the said respondent, through the instructing counsel.” SSCR 24 of 2022 9 7. On 30.11.2022, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that the total cans supplied by the 5[th] respondent contractor, as on 29.11.2022, was only 19,24,800, as against the purchase order dated 03.11.2022 for the supply of 50,00,000 cans, whereas the learned Senior Counsel for the 5[th] respondent submitted that, including the number of cans which are in transit, the total quantity of cans supplied/in transit would come to 23,47,200. After considering the rival contentions, this Court passed orders on 30.11.2022. Paragraph Nos.3 and 4 of that order reads thus: “3. During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Counsel for the 5[th] respondent have raised various contentions on the quantity and quality of the cans supplied by the 5[th] respondent and also other aspects regarding supply of cans. We do not propose to consider those contentions in these proceedings. If there is any violation of the tender conditions, it is for the 2[nd] respondent Board to take necessary steps in terms of the contract. In view of the law laid down by the Apex Court in **M.V.Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65]** , in such matters, the 2[nd] Board and its officials have to show reasonable diligence in the manner of an SSCR 24 of 2022 10 ordinary prudent man of business to conduct his own affairs. 4. It is for the 2[nd] respondent Board to take necessary steps to ensure that there is no shortage of Aravana Prasadam or Appam Prasadam to the pilgrims during MandalaMakaravilakku festival season of 1198 M.E. Insofar as Aravana Prasadam is concerned, the Board has to ensure supply of sufficient quantity of cans with the required quality, by the 5[th] respondent.” 8. On 06.12.2022, when the SSCR came up for consideration, this Court passed the following order; “In the order dated 30.11.2022, we have made it clear that the 2[nd] respondent Travancore Devaswom Board has to take necessary steps to ensure that there is no shortage of Aravana Prasadam or Appam Prasadam to the pilgrims during Mandala-Makaravilakku festival season of 1198 M.E. 2. Insofar as making of Appam Prasadam is concerned, this Court has issued various orders in SSCR No.17 of 2021 and DBA No.16 of 2021, during Mandala-Makaravilakku festival season of 1198 M.E. (2021-22). The said SSCR and DBA were disposed of by the order dated 04.07.2022. Paragraph 22 and also the last paragraph of the said order read thus; ''22. Having considered the pleadings and materials on record and also the submissions made at the Bar, we find that, this Court need not go into the explanations offered in the affidavits filed by Sri.Reji S. and Sri.B. Sudhan on their inability to engage sufficient employees for making required quantity of Appam at Sabarimala Sannidhanam, during the Mandala-Makaravilakku festival season. SSCR 24 of 2022 11 The loss sustained by the Board by engaging Sri.Pradeep, who is the second lowest tenderer, comes to Rs.2,70,100/-, which has to be recovered from the concerned contractor and proceedings will have to be initiated against the concerned officer of the Board in not terminating the contract, at the risk and cost of the concerned existing contractor. It is for the Board to consider the aforesaid issue and take an appropriate decision with notice to the affected parties, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this order. The decision taken by the Board shall be brought to the notice of this Court by way of a report filed by the Special Commissioner, Sabarimala, which shall be filed within a period of two weeks from the date of such decision. As already noticed hereinbefore, the furnace (kara) for making Appam and even its ingredients are provided by the Travancore Devaswom Board and the tender was for providing the required manpower to make sufficient quantity of Appam during Mandala-Makaravilakku festival season. The shortage of ‘Appam Prasadam’ during MandalaMakaravilakku season on account of the default committed by the contractors in supplying the required manpower, is causing huge financial loss to Sabarimala Devaswom. The pilgrims are also put to difficulties, due to shortage of ‘Appam Prasadam’ during peak season. Therefore, it is for the Board to take an appropriate decision as to the manner in which making of Appam at Sabarimala Sannidhanam SSCR 24 of 2022 12 during festival season is regulated, in order to ensure that the sufficient quantity of ‘Appam Prasadam’ is available at Sannidhanam during festival season. The Board shall take a decision on this issue, as expeditiously as possible, at any rate, within a period of two months, which shall be placed before this Court immediately thereafter, for necessary orders.'' 3. The learned Standing Counsel for the Travancore Devaswom Board seeks time to set instructions on the actions taken in terms of the directions contained in the order dated 04.07.2022 in SSCR No.17 of 2021 and DBA No.16 of 2021. 4. The Board shall ensure the availability of sufficient quantity of Appam Prasadam during Mandala-Makaravilakku festival season of 1198 M.E. Stringent action shall be taken against the contractors, in case there is any shortage in supply of manpower for making Appam Prasadam. 5. Since the furnace (kara), for making Appam Prasadam and even the ingredients are provided by the Travancore Devaswom Board, the role of the contractor is limited to supply of manpower. It is for the Board to consider, before the next Mandala-Makaravilakku festival season, whether any alternate arrangements can be made for the manpower required for making Appam Prasadam, through any voluntary organisations of Sabarimala devotees or whether the process of making Appam Prasadam can be mechanized, as in the case of Aravana Prasadam. The Special Commissioner, Sabarimala to submit a report before this Court on the above aspect, within a period of four weeks. SSCR 24 of 2022 13 6. In so far as making of Aravana Prasadam is concerned, any short supply of composite cans with the required quality will certainly result in shortage of Prasadam during MandalaMakaravilakku festival season. In order to ensure that sufficient number of cans are in stock at Sannidhanam, even prior to the commencement of Mandala-Makaravilakku festival season, the Board should commence the tender process, well in advance, so that transportation of a substantial quantity of cans from Pamba to Sannidhanam, through the trekking path, can be completed by the contractor before the commencement of festival season. Since short-supply of cans for Aravana Prasadam is creating issues during every Mandala-Makaravilakku festival season, it is for the Board to consider the feasibility of setting up its own plant for making cans at Nilakkal, where the Board is having sufficient land. The Board can also explore the possibility of setting up such a plant at Nilakkal, through sponsorship by devotees or any other organisations. 7. The learned Standing Counsel for the Travancore Devaswom Board would submit that the Board has already taken a decision to set up a plant at Nilakkal, for making cans for Aravana Prasadam. However, no further steps could be taken based on that decision. The Special Commissioner, Sabarimala shall submit a report on the above aspect, within a period of four weeks. 8. Insofar as the supply of composite cans by the 5[th] respondent during Mandala-Makaravilakku festival season of 1198 M.E. is concerned, this Court has made it clear in the order dated 30.11.2022 that if there is any violation of SSCR 24 of 2022 14 the tender conditions by the 5[th] respondent Contractor, it is for the 2[nd] respondent Travancore Devaswom Board to take necessary steps in terms of the contract. In view of the law laid down by the Apex Court in **M.V.Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65]** , in such matters, the 2[nd] Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. 9. In the above circumstances, it is for the 2[nd] respondent Board to take necessary steps to ensure that there is no shortage of Aravana Prasadam or Appam Prasadam to the pilgrims during Mandala-Makaravilakku festival season of 1198 M.E. Insofar as Aravana Prasadam is concerned, the Board has to ensure supply of sufficient quantity of cans with the required quality, by the 5[th] respondent contractor. 10. The learned Senior counsel for the 5[th] respondent would submit that there are certain obstructions in the transportation of cans from Pamba to Sannidhanam. 11. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board would point out that movement of tractors from Pamba to Sannidhanam through trekking path is regulated in terms of the orders of this Court. The 5[th] respondent can certainly transport cans from Pamba to Sannidhanam, strictly in terms of the directions contained in those orders.” 9. On 20.12.2022, when the SSCR came up for consideration, this Court passed the following order; SSCR 24 of 2022 15 “2. In so far as supply of composite cans during MandalaMakaravilakku festival season of 1198 M.E is concerned, it was made clear in the order dated 30.11.2022 that, if there is any violation of the tender conditions by the 5[th] respondent Contractor, it is for the 2[nd] respondent Travancore Devaswom Board to take necessary steps in terms of the contract. In view of the law laid down by the Apex Court in **M.V.Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65]** , in such matters, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. 3. In the order dated 06.12.2022, it was made clear that, it is for the 2[nd] respondent Board to take necessary steps to ensure that there is no shortage of Aravana Prasadam or Appam Prasadam to the pilgrims during MandalaMakaravilakku festival season of 1198 M.E. Insofar as Aravana Prasadam is concerned, the Board has to ensure supply of sufficient quantity of cans with the required quality, by the 5[th] respondent contractor. 4. Today, when this matter is taken up for consideration, the learned Senior Counsel for the 5[th] respondent would submit that the 5[th] respondent has supplied a total quantity of 50 lakhs composite cans, in terms of the purchase order dated 30.11.2022. The total quantity of cans supplied as on 19.12.2022 is 55,46,400. 5. On the other hand, the learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that the total quantity of cans received at Sannidhanam, as SSCR 24 of 2022 16 ## on 20.12.2022, is only 45,79,200.” 10. On 23.12.2022, when this SSCR came up for consideration, this Court directed the 2[nd] respondent Board to take necessary steps to ensure that there is no shortage of Aravana Prasadam and Appam Prasadam to the pilgrims during the Mandala-Makaravilakku festival season of 1198 M.E. and also to ensure supply of sufficient quantity of cans with the required quality, by the 5[th] respondent contractor. 11. On 03.01.2023, when this SSCR came up for consideration, the learned Senior Counsel for the 5[th] respondent contractor submitted that the total supply of composite cans for Aravana Prasadam as on 31.12.2022 comes to 80,38,200, which is inclusive of 3,02,400 (78,000+73,200+78,000+73,200) cans in transit and 2,28,000 (87,000+75,000+66,000) cans which have already reached Pamba. On the other hand, the learned Standing Counsel for Travancore Devaswom Board submitted that the total quantity of composite cans supplied by the 5[th] respondent was only 70,69,200, as against the purchase order for 1,50,00,000 cans. Since there is an additional requirement of cans during the current Mandala-Makaravilakku festival season, due to the unexpected footfall, the Board invited tenders for the supply of additional SSCR 24 of 2022 17 quantity of composite cans and the contract has already been awarded. On the basis of the aforesaid submissions of the learned Standing Counsel for Travancore Devaswom Board and the learned Senior Counsel for the 5[th] respondent, we directed the Secretary of the 2[nd] respondent Board to file a detailed affidavit explaining the facts and circumstances. 12. On 10.01.2023, when this SSCR came up for consideration, the learned Senior Counsel for the 5[th] respondent contractor submitted that the total supply of composite cans as on 09.01.2023 comes to Rs.91,63,800/-, which includes 8 truckloads already reached Pamba, consisting of 5,59,200 cans. Considering the submissions made at the Bar, this Court directed the Secretary of the 2[nd] respondent Board to file an affidavit furnishing the details of the supply of composite cans by the 5[th] respondent contractor during the Mandala-Makaravilakku festival season of 1198 ME, from 16.11.2022 till 20.01.2023, and also daily sales of Aravana Prasadam, during the said period. 13. In terms of the order of this Court dated 10.01.2023, additional affidavits have been filed by the 2[nd] respondent and also the 5[th] respondent contractor. SSCR 24 of 2022 18 14. Heard the learned Senior Government Pleader for the 1[st] respondent and the additional 6[th] respondent. The learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Senior Counsel for the 5[th] respondent contractor. 15. During the pendency of this SSCR, the Travancore Devaswosm Board filed DBA No.10 of 2022 seeking permission of this Court to invite short tenders for immediate supply of 50,00,000 composite cans for packing Aravana Prasadam in Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1198 M.E. (2022-23), for ensuring sufficient, and uninterrupted supply of Aravana Prasadam to pilgrims. That DBA was closed by order dated 13.12.2022. Paragraph Nos.2 to 6 of that order in DBA No.10 of 2022 read thus; “2. For supply of 1,50,00,000 composite cans of 250 m.l. each, the Board invited e-tender on 06.07.2022. After the tender process, an agreement was executed with M/s.Moti Packaging Industries Pvt. Ltd. on 28.10.2022. Immediately after the acceptance of the bid, supply order was issued on 14.10.2022 for 1,50,00,000 cans. After the execution of the agreement, a purchase order dated 03.11.2022 was issued, requiring M/s.Moti Packaging Industries Pvt. Ltd. to supply 50,00,000 cans, forthwith. SSCR 24 of 2022 19 3. The issue regarding supply of Appam Prasadam and Aravana Prasadam in Sabarimala Devaswom, during Mandala-Makaravilakku festival season of 1198 M.E. (202223), is the subject matter in SSCR No.24 of 2022, which was registered based on the report filed by the Special Commissioner, Sabarimala. In the said proceedings, M/s.Moti Packaging Industries Pvt. Ltd. is arrayed as the 5[th] respondent. In that report, this Court passed an order dated 30.11.2022. Paragraph Nos.3 and 4 of that order read as thus; “3. During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Counsel for the 5[th] respondent have raised various contentions on the quantity and quality of the cans supplied by the 5[th] respondent and also other aspects regarding supply of cans. We do not propose to consider those contentions in these proceedings. If there is any violation of the tender conditions, it is for the 2[nd] respondent Board to take necessary steps in terms of the contract. In view of the law laid down by the Apex Court in **M.V.Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC 65]** , in such matters, the 2[nd] respondent Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. 4. It is for the 2[nd] respondent Board to take necessary steps to ensure that there is no shortage of Aravana Prasadam or Appam Prasadam to the pilgrims during Mandala-Makaravilakku festival SSCR 24 of 2022 20 season of 1198 M.E. Insofar as Aravana Prasadam is concerned, the Board has to ensure supply of sufficient quantity of cans with the required quality, by the 5[th] respondent.” 4. As made clear in the order dated 30.11.2022 in SSCR No.24 of 2022, if there is any violation of the tender conditions, it is for the Travancore Devaswom Board to take necessary steps in terms of the contract, against the contractor. On the other hand, if the Board has a case that, considering the daily sales of Aravana Prasadam, there is necessity for additional cans, in excess of the quantity required to be supplied by the contractor, it is for the Board to proceed with that matter, strictly in accordance with law, which will certainly be subject to audit by the State Audit. 5. In the above circumstances, we find that there was no necessity for the Board to file this application, seeking permission of this Court. 6. At any rate, the Board has to ensure that there is no shortage of supply of Aravana Prasadam to pilgrims during Mandala-Makaravilakku festival season of 1198 ME.” 16. As already noticed hereinabove, in this SSCR this Court passed various orders in order to ensure that there is no short supply of Aravana Prasadam at Sabarimala Sannidhanam during the Mandala-Makaravilakku festival season of 1198 M.E. The orders issued by this Court are only for the purpose of ensuring proper supply of Aravana Prasadam during the MandalaMakaravilakku festival season of 1198 M.E, as made clear in the SSCR 24 of 2022 21 orders dated 30.11.2022, 06.12.2022 and 20.12.2022. 17. In the order dated 06.12.2022 we found that, since the furnace (kara), for making Appam Prasadam and even the ingredients are provided by the Travancore Devaswom Board, the role of the contractor is limited to supply of manpower, it is for the Board to consider, before the next Mandala-Makaravilakku festival season, whether any alternate arrangements can be made for the manpower required for making Appam Prasadam, through any voluntary organisations of Sabarimala devotees or whether the process of making Appam Prasadam can be mechanized, as in the case of Aravana Prasadam. The Special Commissioner, Sabarimala was directed to submit a report before this Court on the above aspect, within a period of four weeks. In so far as making of Aravana Prasadam is concerned, we noticed that any short supply of composite cans with the required quality will certainly result in shortage of Prasadam during Mandala-Makaravilakku festival season. In order to ensure that sufficient number of cans are in stock at Sannidhanam, even prior to the commencement of Mandala-Makaravilakku festival season, the Board should commence the tender process, well in advance, so that SSCR 24 of 2022 22 transportation of a substantial quantity of cans from Pamba to Sannidhanam, through the trekking path, can be completed by the contractor before the commencement of festival season. Since short-supply of cans for Aravana Prasadam is creating issues during every Mandala-Makaravilakku festival season, it is for the Board to consider the feasibility of setting up its own plant for making cans at Nilakkal, where the Board is having sufficient land. The Board can also explore the possibility of setting up such a plant at Nilakkal, through sponsorship by devotees or any other organisations. The Special Commissioner, Sabarimala was directed to submit a report on the above aspect, within a period of four weeks. 18. As made clear in the order dated 30.11.2022 in SSCR No.24 of 2022, if there is any violation of the tender conditions, it is for the Travancore Devaswom Board to take necessary steps in terms of the contract, against the contractor. On the other hand, if the Board has a case that, considering the daily sales of Aravana Prasadam, there is necessity for additional cans, in excess of the quantity required to be supplied by the contractor, it is for the Board to proceed with that matter, strictly in accordance with law, SSCR 24 of 2022 23 which will certainly be subject to audit by the State Audit. 19. The learned Standing Counsel for Travancore Devaswom Board would submit that, after the order of this Court dated 13.12.2022 in DBA No.10 of 2022, there was a tender process, based on which two contractors were selected for supply of 50,00,000 composite cans for a period of one year to meet the additional requirements, at a rate of Rs.7.30 per can. 20. Since the tender process by the Travancore Devaswom Board for the supply of composite cans at Sabarimala Sannidhanam, during Mandala-Makaravilakku festival season of 1198 M.E. (2022-2023), including the tender process referred to hereinbefore are subject to audit by the additional 6[th] respondent Joint Director, Kerala State Audit Department, we do not propose to consider the submissions made by the learned Standing Counsel for Travancore Devaswom Board, on the above aspect, in this proceedings. It is for the additional 6[th] respondent Joint Director, Kerala State Audit Department to consider the above aspect, after calling for necessary records from the 2[nd] respondent Travancore Devaswom Board. 21. In the result, this SSCR is disposed of with the direction SSCR 24 of 2022 24 ## contained hereinbefore. It is made clear that this Court has not expressed anything on the merits of the rival contentions by the Travancore Devsawom Board and also the 5[th] respondent contractor on supply of composite cans during Mandala-Makaravilakku festival season of 1198 M.E. Sd/- **ANIL K. NARENDRAN JUDGE** Sd/- **P.G. AJITHKUMAR JUDGE** ``` jg ``` SSCR 24 of 2022 25 ## **`APPENDIX OF SSCR 24/2022`** ## **`PETITIONER'S ANNEXURES`** ``` FILED WITH REPORT DATED 18.11.2022 ``` ``` ANNEXURE 1 : REPORT OF THE EXECUTIVE OFFICER, SABARIMALA ``` ``` FILED WITH REPORT DATED 24.11.2022 ``` ``` ANNEXAURE 1 : REPORT OF ASSISTANT ENGINEER (ELECTRICAL), SABARIMALA DEVELOPMENT PROJECT, TDB ``` ``` ANNEXURE 2 : REPORT OF SI OF POLICE (VIGILANCE), TDB ``` ``` FILED WITH REPORT DATED 26.11.2022 ``` ``` ANNEXURE 1 : REPORT OF THE SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY OFFICE, SABARIMALA. ``` ``` ANNEXURE 2 : MAHAZAR DATED 24.11.2022 ``` ``` ANNEXURE 3 : REPORT OF THE EXECUTIVE OFFICER, TDB RESPONDENTS' ANNEXURES ``` ``` Annexure A5(a) TRUE COPY OF THE LETTER R.O.C 37/22/SAB DATED 05/12/2022 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT Annexure R5(b) TRUE COPY OF THE NOTICE DATED 14.12.2022 INVITING SHORT TENDER ISSUED BY THE 2ND RESPONDENT Annexure R5(c) TRUE COPY OF THE 5TH RESPONDENT'S LETTER DATED 16.12.2022 Annexure R5(d) TRUE COPY OF THE NOTICE R.O.C.37/22/SAB DATED 17.12.2022 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT Annexure R5(e) TRUE COPY OF THE REPLY LETTER DATED 17.12.2022 SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT ANNEXURE-R2(a) TRUE COPY OF THE RE-TENDER NOTIFICATION ``` SSCR 24 of 2022 26 - `DATED 24.8.2022 ISSUED BY THE DEVASWOM COMMISSIONER, TDB` - `ANNEXURE-R2(b) TRUE COPY OF THE REPORT OF THE SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY, TDB DATED 26.9.2022` - `ANNEXURE-R2(c) TRUE COPY OF THE SUPPLY ORDER DATED 14.10.2022 ISSUED BY THE DEVASWOM COMMISSIONER, TDB` - `ANNEXURE-R2(d) TRUE COPY OF THE AGREEMENT DATED 28.10.2022 EXECUTED BY EXECUTIVE OFFICER, SABARIMALA` - `ANNEXURE-R2(e) TRUE COPY OF THE PURCHASE ORDER DATED 03.11.2022 ISSUED BY EXECUTIVE OFFICER, SABARIMALA` - `Annexure-R2(f) TRUE COPY OF THE STATEMENT SHOWING THE DATE WISE SUPPLY OF COMPOSITE CANS MADE BY 5TH RESPONDENT` - `Annexure-R2(g) TRUE COPY OF THE STATEMENT SHOWING THE DATE WISE PRODUCTION AND SALE OF ARAVANA PRASADAM DURING MANDALAM - MAKARAVILAKKU FESTIVAL SEASON 1198 M.E` - `Annexure R5(h)` - `TRUE COPY OF THIS RESPONDENT'S LETTER DATED 25.01.2023 SUBMITTED TO THE COMMISSIONER .` - `Annexure R5(i)` - `TRUE COPY OF THIS RESPONDENT'S LETTER DATED 25.01.2023 TO THE EXECUTIVE OFFICER, SABARIMALA SANNIDHANAM,, TRAVANCORE DEVASWOM BOARD` - `Annexure - R5(j)` - `TRUE COPY OF THE DELIVERY DETAILS OF CANS TO SABARIMALA BY THIS RESPONDENT TILL 18-1-2023`