SSCR No.11 of 2023 (Sabarimala Special Commissioner Report – Preliminary Report)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE G.GIRISH WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 SSCR NO.11 OF 2023 ``` ``` (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SABARIMALA SPECIAL COMMISSIONER REPORT- S.M.NO.11 OF 2023 – PRELIMINARY REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA AS DIRECTED BY THE HON’BLE HIGH COURT OF KERALA VIDE ORDER DATED 06.12.2022 IN SSCR NO.24 OF 2022 REGARDING THE ARRANGEMENTS TO BE MADE BY THE TRAVANCORE DEVASWOM BOARD FOR MANUFACTURING APPAM PRASADAM AT SABARIMALA AND A COMPOSITE CAN MANUFACTURING UNIT AT NILAKKAL – SUO MOTU PROCEEDINGS INITIATED - REGARDING) ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, 695001`** - **`2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003`** - **`3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695005`** - **`4 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM -695003`** - **`5 ADDL. R5: HIGH POWER COMMITTEE FOR IMPLEMENTATION OF SABARIMALA MASTER PLAN`** 2 SSCR No.11 of 2023 ``` TRAVANCORE DEVASWOM BOARD BUILDING, M.G.ROAD, OPPOSITE GOVERNMENT AYURVEDA COLLEGE, PUTHENCHANTHAI, THIRUVANANTHAPURAM, PIN - 695 001, REPRESENTED BY ITS MEMBER SECRETARY ``` - **`6 ADDL. R6: THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003`** - **`7 ADDL. R7: THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003`** ``` *ARE SUO MOTU IMPLEADED AS THE ADDITIONAL RESPONDENTS 5,6 AND 7 VIDE ORDER DATED 22.05.2023 ``` - **`8 ADDL R8- THE SENIOR DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM – 695033`** ``` *IS SUO MOTU IMPLEADED AS THE ADDITIONAL 8TH RESPONDENT VIDE ORDER DATED 14/08/2023 IN SSCR.NO.11/2023 ``` ``` BY ADV BIJU ``` ``` OTHER PRESENT: ``` ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER ``` ``` SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD ``` ``` SRI N.RAGHURAJ - STANDING COUNSEL -HIGH POWER COMMITTEE FOR IMPLEMENTATION OF SABARIMALA MASTER PLAN AND AMICUS CURIAE FOR SPL COMMISSIONER, SABARIMALA ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.11 of 2023 ## **ORDER** ## **Anil K. Narendran, J.** The Special Commissioner, Sabarimala, has filed this report pursuant to the directions contained in the order of this Court dated 06.12.2022 in SSCR No.24 of 2022, regarding the arrangements to be made by the Travancore Devaswom Board for making Appam Prasadam at Sabarimala and also manufacture of composite cans at Nilakkal for Aravana Prasadam. In paragraph 6 of the report, the Special Commissioner has pointed out that the Master Plan for Sabarimala envisages the decongestion of the Temple Zone at Sabarimala Sannidhanam, which necessitates the demolition of the present Appam and Aravana Manufacturing Plant at Sannidhanam and constructing it outside the precincts of the Temple Zone. 2. On 22.05.2023, when this report came up for consideration, the learned Government Pleader entered appearance for the 1[st] respondent State, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and the additional respondents 6 and 7 and the learned Standing Counsel for High Power Committee for the additional 5[th] respondent. The learned Standing Counsel for Travancore Devaswom Board and also the learned Standing Counsel for the High Power Committee sought time 4 SSCR No.11 of 2023 to get instructions. 3. On 07.07.2023, the learned Standing Counsel for Travancore Devaswom Board submitted that the Board has already taken a decision in the meeting held on 22.06.2023 for setting up a plant for manufacturing composite cans and a copy of that decision shall be placed on record along with an affidavit on behalf of the 2[nd] respondent Board. 4. On behalf of the 2[nd] respondent Board, an affidavit dated 24.07.2023 has been placed on record. Paragraphs 2 to 5 of that affidavit read thus; ''2. It is submitted that the Board has decided to set up a composite can manufacturing facility for Travancore Devaswom Board in view of the shortage of composite can faced during the last Mandala-Makaravilakku festival season of 1198 M.E. It was decided to call for Expression Of Interest (EOI) for selection of Consultant and Request For Proposal (RFP) for providing consultancy services for setting up/establishing Aravana Prasadam container manufacturing facility. The above was e- tendered on 23.01.2023 and 01.02.2023, giving wide publicity through leading English dailies, but no response was received for the tender calls. 3. It is submitted that again e-tender was invited for the third time on 08.03.2023, in response to which a single bid was received from M/s.Hi-Tech Machinery and Industrial Materials. The Board has negotiated with M/s.Hi-Tech Machinery and Industrial Materials and awarded the consultancy in favour of M/s.Hi-Tech Machinery and Industrial Materials at 5% (five 5 SSCR No.11 of 2023 percent) as consultancy fees for the implementation of the Project (From Concept to Commissioning) and directed the selected firm to submit the Detailed Project Report (DPR). 4. It is submitted that the Board authorized the Chief Engineer to take the necessary steps for obtaining the DPR. A true copy of the Board Order, ROC No.4939/22/M dated 05.05.2023, is produced herewith and marked as Annexure R2(a). M/s.Hi-Tech Machinery and Industrial Materials had submitted the DPR for setting up a composite can manufacturing facility. The Detailed Project Report received from the Consultant is now forwarded to the Rajiv Gandhi Institute of Technology, Pampady (RIT) for technical vetting. 5. It is submitted that the Travancore Devaswom Board has decided to set up the composite container factory at Thelliyoor Kavu near Ranni in Pathanamthitta District. The Board owns an extent of 10.21 Acres of land with transportable public roads on all three sides at Thelliyoor Kavu Devaswom. The above place is 75 KM away from Pamba. At present, containers are used at Erumeli, Aryankavu, Achencoil and Kulathupuzha Devaswoms for filling Aravana Prasadam. In future, various other temples under the Board also will be able to use the containers for packing prasadam. It is easy to transport the containers to various Devaswoms from the proposed site at Thelliyoor Kavu.'' 5. On 19.09.2023, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that the technical vetting of the Detailed Project Report received from the consultant is pending before the Rajiv Gandhi Institute of Technology, Pampady. The learned Senior Government Pleader sought time to file the remarks of the additional 6 SSCR No.11 of 2023 8[th] respondent Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit. By the order dated 19.09.2023, the Board was directed to provide necessary details to the additional 8[th] respondent, so as to enable him to submit the remarks. 6. On 22.12.2023, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that the Board proposes to file a DBA seeking permission to establish Aravana Composite Cans Manufacturing Unit for Aravana prasadam. 7. Heard the learned Senior Government Pleader for the 1[st] respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4, the learned Standing Counsel for High Power Committee for the additional 5[th] respondent and also the learned Amicus Curiae for Special Commissioner, Sabarimala. 8. SSCR No.24 of 2022 was filed by the Special Commissioner, Sabarimala regarding the preparation of Appam and Aravana Prasadam at Sabarimala Sannidhanam for the MandalaMakaravilakku festival season of 1198 M.E. (2022-23). In that report, the Special Commissioner has stated that the Travancore Devaswom Board has to take emergent steps to procure composite cans, which 7 SSCR No.11 of 2023 are having good quality, if possible, from other sources also, so as to meet the anticipated increase in the requirement of Aravana prasadam. That SSCR was disposed of by the order dated 08.02.2023. Paragraph 15 to 21 and also the last paragraph of that order in SSCR No.24 of 2022 read thus; “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. (202223), for ensuring sufficient, and uninterrupted supply of Aravana Prasadam to pilgrims. That DBA was closed by order dated 13.12.2022. Paragraphs 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. 3. The issue regarding supply of Appam Prasadam and Aravana Prasadam in Sabarimala Devaswom, during Mandala-Makaravilakku festival season of 1198 M.E. (2022-23), is the subject matter in SSCR 8 SSCR No.11 of 2023 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 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.” 4. As made clear in the order dated 30.11.2022 in SSCR No.24 of 2022, if there is any violation of the 9 SSCR No.11 of 2023 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 Mandala-Makaravilakku festival season of 1198 M.E, as made clear in the 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 10 SSCR No.11 of 2023 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 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. 11 SSCR No.11 of 2023 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, 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 12 SSCR No.11 of 2023 Travancore Devaswom Board. 21. In the result, this SSCR is disposed of with the direction 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.” 9. During the current Mandala-Makaravilakku festival season, i.e., 1199 ME (2023-24), the Special Commissioner, Sabarimala filed SSCR No.47 of 2023 pointing out the anticipated shortage of Aravana prasadam at Sabarimala Sannidhanam, in view of the shortage of supply of composite cans by the Kuthaka holders. That report is pending consideration before this Court. By the order dated 08.01.2024, the Director General Vigilance and AntiCorruption Bureau and the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Pathanamthitta Unit, were _suo motu_ impleaded as the additional respondents 10 and 11 in that SSCR. 10. Today, during the course of arguments, the learned Standing Counsel for Travancore Devaswom Board would submit that the Board proposes to file a petition before this Court seeking permission to establish an Aravana Composite Cans Manufacturing Unit, in terms of the decision taken on 22.06.2023̣. The filing of that 13 SSCR No.11 of 2023 petition was delayed on account of Mandala-Makaravilakku festival season of 1199 ME. 11. The learned Senior Government Pleader would submit that the additional 8[th] respondent Senior Deputy Director, State Audit Department, Travancore Devaswom Board Audit, is yet to be furnished with the details of the Detailed Project Report, which was submitted before the Rajeev Gandhi Institute of Technology, Pambady, for technical vetting. 12. The learned Standing Counsel for Travancore Devaswom Board would submit that all those details shall be produced along with the petition proposed to be filed by the Travancore Devaswom Board. In such circumstances, this SSCR is disposed of, taking note of the submission made by the learned Standing Counsel for Travancore Devaswom Board that the Board proposes to file a petition before this Court seeking permission to establish an Aravana Composite Cans Manufacturing Unit, in terms of the decision taken on 22.06.2023̣. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** MIN 14 SSCR No.11 of 2023 ## **`APPENDIX OF SSCR 11/2023`** ## **`RESPONDENT ANNEXURES`** ``` ANNEXURE-R2(A) TRUE COPY OF THE ORDER VIDE ROC NO. 4939/22/M DATED 05.05.2023 ISSUED BY SECRETARY, TRAVANCORE DEVASWOM BOARD ```