SUO MOTU v. STATE OF KERALA AND OTHERS (SABARIMALA SPECIAL COMMISSIONER REPORT) SSCR NO.47 OF 2023

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` FRIDAY, THE 12[TH] DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 SSCR NO.47 OF 2023 ``` ``` (SABARIMALA SPECIAL COMMISSIONER REPORT -SM REPORT NO. 47/23 - REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE ANTICIPATED SHORTAGE OF ARAVANA PRASADHAM AT SABARIMALA SANNIDHANAM DURING THE MAKARAVILAKKU PERIOD OF 2024 IN VIEW OF THE SHORTAGE OF SUPPLY OF COMPOSITE CANS TO PACK ARAVANA PRASADAM WHICH MAY LEAD TO GRAVE CRISIS AT SABARIMALA) ``` ## **`PETITIONER:`** ``` SUO MOTU ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY ITS SECRETARY TO GOVERNMENT,`**| ||**`REVENUE(DEVASWOM) DEPARTMENT, GOVERNMENT`**| ||**`SECRETARIAT, THIRUVANANTHAPURAM-695001.`**| |**`2`**|**`TRAVANCORE DEVASWOM BOARD`**| ||**`REPRESENTED BY ITS SECRETARY, NANTHANCODE,`**| ||**`KAWDIAR POST, THIRUVANATHAPURAM-695003.`**| |**`3`**|**`DEVASWOM COMMISSIONER`**| ||**`TRAVANCORE DEVASWOM BOARD, NANTHANCODE,`**| ||**`KAWDIAR POST, THIRUVANANTHAPURAM-695003.`**| |**`4`**|**`DEPUTY DIRECTOR`**| ||**`KERALA STATE AUDIT DEPARTMENT,`**| ||**`TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE,`**| ||**`THIRUVANANTHAPURAM-695003.`**| |**`5`**|**`CHIEF VIGILANCE OFFICER`**| ||**`TRAVANCORE DEVASWOM BOARD, NANTHANCODE,`**| ||**`KAWDIAR POST, THIRUVANANTHAPURAM-695003.`**| |**`6`**|**`THE EXECUTIVE OFFICER`**| ||**`SABARIMALA, SABARIMALA P.O.,`**| ||**`PATHANAMTHITTA-689662.`**| |**`7`**|**`M/S TOJA TYRES AND THREADS PRIVATE LIMITED`**| ||**`III/25, M.C.ROAD, MATTOOR, KALADY, ERNAKULAM,`**| ||**`KERALA-683574.`**| |**`8`**|**`M/S VIGNESWARA PACKS,`**| ||**`MUTHODAN BUILDINGS, BEACH ROAD, KOLLAM-691001.`**| 2 SSCR No.47 of 2023 ``` *ADDL. R9M/S. MOTI PACKAGING INDUSTRIES PRIVATE LIMITED, C-124, SECTOR 2, NOIDA, UTTAR PRADESH-202 301. (SUO MOTU IMPLEADED VIDE ORDER DATED 05/01/2024 IN SSCR.NO.47/2023). ``` - **`**ADDL. R10 THE DIRECTOR GENERAL, VIGILANCE AND ANTI-CORRUPTION BUREAU, VIGILANCE DIRECTORATE,`** ``` P.M.G JUNCTION, THIRUVANANTHAPURAM-695 033. ``` - **`**ADDL. R11 THE DEPUTY SUPERINTENDENT OF POLICE`** - **`VIGILANCE AND ANTI-CORRUPTION BUREAU, PATHANAMTHITTA UNIT, PATHANAMTHITTA-689 645.`** ``` (ADDL. R10 AND R11 ARE SUO MOTU IMPLEADED VIDE ORDER DATED 08.01.2024 IN SSCR.NO.47/2023) ``` ``` BY ADVS. SRI S.RAJMOHAN - SR GOVERNMENT PLEADER FOR R1, R4 AND ADDITIONAL R10 AND R11 ``` ``` SRI.G.BIJU – STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD FOR R2, R3, R5 AND R6 SRI.N. RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPECIAL COMMISSIONER SMT.B. CHITHIRA VENUGOPAL, SRI.P.B.KRISHNAN(K/1193/1994), SRI.P.B.SUBRAMANYAN(K/1145/2009), SRI.SABU GEORGE(K/000711/1998, SRI.MANU VYASAN PETER(K/000652/2013), SRI.B.ANUSREE(K/000951/2016)AND MS.AISWARYA MOHAN(K/274/2020) FOR R7 S.SREEKUMAR (SR.)(S-571), SRI.MARTIN JOSE, SRI.P.PRIJITH(K/233/2005, SIR.THOMAS P.KURUVILLA(K/420-B/2005), SRI.R.GITHESH(K/630/2002) SRI.AJAY BEN JOSE(K/729/2012)SRI.MANJUNATH MENON(K/000474/2015), SRI.SACHIN JACOB AMBAT(K/734/2016), MS.KARTHIKA SAROJ(K/002265/2023), MS.ANNA LINDA EDEN(K/1201/2020), AND SRI.HARIKRISHNAN S.(K/497/2019) FOR R8 SRI.K.SRIKUMAR (SR.)(S-609), SRI.M.BALAGOPAL,MS.R.DEVIKA (ALAPPUZHA)(MS 2317/2003), MS.ANJALI MENON(K/000312/2017) AND MS.THRESSY THOMAS(K/000161/2017)FOR R9 ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.47 of 2023 ## **ORDER** ## Anil K. Narendran, J. This report filed by the Special Commissioner, Sabarimala, is regarding the anticipated shortage of Aravana Prasadam at Sabarimala Sannidhanam during Makaravilakku season of 1199 ME (2024), in view of the shortage of supply of composite cans by respondents 7 and 8, namely, Toja Tyres and Treads Pvt. Ltd. and Vigneswara Packs. 2. Regarding the shortage of composite cans during the Mandala-Makaravilakku festival season of 1198 ME (2022-2023), the Special Commissioner, Sabarimala filed SSCR No.24 of 2022, in which this Court passed a detailed order on 08.02.2023. 3. On 03.01.2024, when this SSCR came up for consideration, notice was ordered to respondents 7 and 8 through e-mail, returnable by 05.01.2024. The learned Standing Counsel for the 2[nd] respondent Travancore Devaswom Board was directed to get instructions as to the action, if any, taken in terms of the directions contained in paragraph 18 of the order of this Court dated 08.02.2023 in SSCR No.24 of 2022. The learned Standing Counsel was directed to make available for the perusal of this Court the entire files relating to the tender for the supply of 4 SSCR No.47 of 2023 composite cans in Sabarimala during Mandala-Makaravilakku festival season of 1199 ME (2023-24). 4. On 05.01.2024, when this SSCR came up for consideration, an affidavit on behalf of the 2[nd] respondent Board was placed on record, as bench-mark. The learned Standing Counsel has made available for the perusal of this Court the files relating to the tender for supply of composite cans in Sabarimala during the Mandala-Makaravilakku festival season of 1199 ME. The learned Standing Counsel was directed to retain the files. 5. By the order dated 05.01.2024, M/s. Moti Packaging Industries Private Limited was _suo motu_ impleaded as the additional 9[th] respondent. Registry was directed to issue notice to that respondent through e-mail, returnable by 08.01.2024. The learned Senior Government Pleader was directed to get instructions from the 4[th] respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, on the credentials of respondents 7 and 8. 6. On 05.01.2024, the learned Standing Counsel has placed on record an affidavit dated 05.01.2024 sworn to by the Secretary of the Board, producing therewith Annexure R2(a) order dated 01.01.2024, whereby the Board decided to procure 15 lakhs composite cans from M/s. Moti Packaging Industries Pvt. Ltd., at 5 SSCR No.47 of 2023 the rate of Rs.12.25 per can, and to recover the loss sustained to the Board in this regard from respondents 7 and 8. 7. On 08.01.2024, when this SSCR came up for consideration, the additional 9[th] respondent entered appearance through counsel. After considering the submissions made at the Bar with specific reference to the averments in the counter affidavit filed by the 2[nd] respondent Board, this Court, by the order dated 08.01.2024 _suo motu_ implead the Director General, Vigilance and Anti-Corruption Bureau and the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Pathanamthitta Unit as additional respondents 10 and 11 in this SSCR and the learned Senior Government Pleader entered appearance for the said respondents. The learned Standing Counsel was directed to retain the files relating to the tender process. The learned Senior Counsel for additional 9[th] respondent sought time to file an affidavit explaining the facts and circumstances. The learned Senior Government Pleader sought time to place on record the remarks of the 4[th] respondent Deputy Director. 8. The additional 9[th] respondent has filed an affidavit dated 09.01.2024 producing therewith Annexures R9(a) to R9(k) documents. On 22.01.2024, the 7[th] respondent has filed an 6 SSCR No.47 of 2023 affidavit dated 21.01.2024, producing therewith Annexures R7(a) to R7(q) documents. On 28.02.2024, the 8[th] respondent has filed an affidavit dated 28.02.2024, producing therewith Annexures R8(1) to R8(5) documents. 9. On 29.02.2024, when this SSCR came up for consideration, this Court passed an order directing the Travancore Devaswom Board to withhold the payment of the balance amounts due to respondents 8 and 9 for a period of three weeks. The said order reads thus; “The learned Senior Government Pleader seeks further time to place on record the remarks of the 4[th] respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit. 2. On 08.01.2024, when this matter came up for consideration, by a detailed order, this Court _suo motu_ impleaded the Director General Vigilance and AntiCorruption Bureau and the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Pathanamthitta Unit, as additional respondents 10 and 11 in this SSCR. 3. The learned Standing Counsel for Travancore Devaswom Board would submit that certain amounts to respondents 8 and 9 towards supply of composite cans during MandalaMakaravilakku Festival Season of 1199ME (2023-24), is pending payment. 4. Considering the facts and circumstances stated in the order dated 08.01.2024, we deem it appropriate to direct the Travancore Devaswom Board to withhold payment of the 7 SSCR No.47 of 2023 balance amounts due to respondents 8 and 9 for a period of three weeks.” 10. On 11.03.2024, the additional 9[th] respondent has filed an additional affidavit along with I.A.No.2 of 2024. The said respondent has also filed I.A.No.3 of 2024, seeking modification of the interim order dated 29.02.2024 and to direct the 2[nd] respondent Board to release the pending payments; and I.A.No.4 of 2024 to call for the report submitted by the Chief Vigilance and Security Officer, Travancore Devaswom Board before the 2[nd] respondent Board and also the records pertaining to the tender process of composite cans for the last 10 years. 11. On 12.03.2024, when this matter came up for consideration, the learned Senior Government Pleader sought further time to place on record the remarks of the 4[th] respondent Deputy Director, Kerala State Audit Department. The learned Standing Counsel for Travancore Devaswom Board sought time to file an affidavit in reply to the objections filed by the 8[th] respondent. By the order dated 12.03.2024, this Court extended the interim order granted on 29.02.2024, for a period of two weeks. 12. On 26.03.2024, the learned Standing Counsel has placed on record an additional affidavit dated 25.03.2024 sworn 8 SSCR No.47 of 2023 to by the Secretary of the 2[nd] respondent Board, producing therewith Annexures R2(b) to R2(d) documents. 13. On 08.04.2024, when this matter came up for consideration, the learned Senior Government Pleader sought time to cure the defects noted by the Registry in the affidavit filed by the 4[th] respondent Deputy Director. The learned Senior Counsel for the additional 9[th] respondent submitted that Rs.5 lakhs deposited by that respondent towards EMD and Bank Guarantee for a sum of Rs.98,70,000/- are still with the Travancore Devaswom Board. The learned Standing Counsel for the Board sought time to get instructions. 14. The 4[th] respondent Deputy Director has filed an affidavit dated 05.04.2024, producing therewith Annexures R4(a) to R4(g) documents, pointing out various issues relating to the tender process for supply of composite cans in Sabarimala during Mandala-Makaravilakku festival season of 1199 ME. In that affidavit, the said respondent has also pointed out the order of this Court dated 13.10.2022 in DBA No.10 of 2022, which was in respect of supply of composite cans in Sabarimala during MandalaMakaravilakku festival season of 1198 ME. 15. Heard the learned Senior Government Pleader for respondents 1, 4 and for additional 10[th] respondent, the learned 9 SSCR No.47 of 2023 Standing Counsel for the Travancore Devaswom Board for respondents 2, 3, 5 and 6, the respective counsel for respondents 7 and 8 and also the learned Senior Counsel for the additional 9[th] respondent. 16. 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. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the 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. As per Section 16 of the Act, the Board shall, subject to the provisions of Part I of the Act, 10 SSCR No.47 of 2023 exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. As per Section 31 of the Act, 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. ## 17. In **Ram Mohan Das v. Travancore Devaswom** **Board [1975 KLT 55]** a learned Single Judge of this Court held that, under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act, the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper. ## 18. 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 11 SSCR No.47 of 2023 fiduciary position of the trustee and his duties and obligations. It is the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property if at all that was necessary, to the best advantage. Paragraph 4 of that decision reads thus; “4. There is some controversy on the question whether defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs. 21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have led their evidence to show that the property was allowed to be sold for Rs.21,500, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs. He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a 12 SSCR No.47 of 2023 member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his duty and personal interest, and so the control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner. The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before it.” (underline supplied) 13 SSCR No.47 of 2023 ## 19. In **A.A. Gopalakrishnan v. Cochin Devaswom** **Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/ archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. ‘ ’ Such acts of fence eating the crops should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. ## 20. In **Travancore Devaswom Board v. Mohanan Nair** **[(2013) 3 KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The Division Bench further 14 SSCR No.47 of 2023 noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the High Court is having inherent jurisdiction and the doctrine of _parens patriae_ will also apply in exercising the jurisdiction. ## 21. In **Rajani P. Kuttan and another v. State of Kerala** **and others [2021 (6) KHC 513]** a Division Bench of this Court noticed that among the 1250 Temples managed by the Travancore Devaswom Board, only 60 major Temples are self-sufficient and the rest are being managed utilising the surplus income from Sabarimala Devaswom. The total number of sanctioned posts in various categories in the Travancore Devaswom Board is 5692 and the total number of pensioners is 5749. The major source of revenue of the Travancore Devaswom Board is the income received by way of offering by the devotees, the amount received from vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the Temples. Paragraph 59 of the said decision reads thus; 15 SSCR No.47 of 2023 “59. The Financial position of the Devaswom Board:- The competent officer of the Devaswom Board filed an affidavit dated 14.06.2021 stating its financial position. It is submitted that there are 1250 temples under the Administrative Control of the Devaswom Board. The total number of sanctioned posts in various categories in the Devaswom Board is 5692, and the total number of pensioners is 5749. It is further submitted that the major sources of revenue of the Devaswom Board are the income received by way of offerings from devotees, the amount received from vazhipadu, and the revenue generated through the auction of the temple premises for various activities in connection with rituals and festivals in the temples. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs.80 lakhs. It is further submitted that among the 1250 temples managed by the Devaswom Board, only 60 - major temples are self sufficient, and the rest are being managed utilising the surplus income from Sabarimala Devaswom. Now, due to the spread of the Covid-19 pandemic, the temples remain closed, and the major source of income has come down. The Devaswom Board is finding it difficult even to pay the salary of the existing employees. The pleadings regarding the financial position of the Devaswom Board in the affidavit dated 14.06.2021 have not been controverted by the petitioners.” (underline supplied) 22. In **Suo motu v. State of Kerala and others [2022** **(2) KHC 411]** this Court held that in view of the provisions under 16 SSCR No.47 of 2023 the Travancore-Cochin Hindu Religious Institutions Act and the law laid down in the decisions referred to supra, the 3[rd] respondent Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the said Act, under the Chengannur Group. The Board has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board is duty bound to exercise proper supervision and control over the acts and proceedings of all officers and servants and to manage the properties and affairs of Sabarimala Devaswom and conduct daily worships and ceremonies and also festivals in the temple according to its usage. The position of the Board in this regard is analogous to that of trustees, as held by this Court in **Ram Mohan Das [1975 KLT 55]** . Any improper act of the trustees could be questioned by a worshiper. 23. In **Suo motu [2022 (2) KHC 411]** this Court held that the Travancore Devaswom Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. The position 17 SSCR No.47 of 2023 of the Board in this regard is analogous to that of trustees. Any such wrongful claims, theft or misappropriation with the passive or active collusion of the authorities concerned, which are acts of ‘fence eating the crops’ should be dealt with sternly. The deity being a perpetual minor, this Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of _parens patriae_ will also apply in the exercise of such jurisdiction. 24. In the order dated 08.01.2024, this Court noticed the submissions made by the learned Senior Government Pleader, with specific reference to the averments in the counter affidavit filed by the 2[nd] respondent Board, that the e-tender notification for the supply of 2 Crore composite cans for packing Aravana Prasadam in Sabarimala Devaswom for the year 1199 ME were opened on 11.07.2023. Respondents 7 and 8 quoted Rs.6.48 and additional 9[th] respondent quoted Rs.7.27. On 20.07.2023, the 5[th] respondent Chief Vigilance and Security Officer was authorised to inspect the factories of respondents 7 and 8 and to conduct necessary enquiries to ascertain whether they have the capacity to supply cans as per the tender conditions. The 5[th] respondent submitted a report on 14.09.2023, stating that respondents 7 and 8 have the capacity to supply the required quantity of cans. The 18 SSCR No.47 of 2023 3[rd] respondent Devaswom Commissioner submitted a report dated 29.09.2023 to the Board stating that as per the report of the 5[th] respondent Chief Vigilance and Security Officer, respondents 7 and 8 have the capacity to supply the required quantity of cans and hence they may be called for negotiation. On 13.10.2023, negotiation was conducted at the Board level and the rate was reduced to Rs.6.47 per can. The tender was confirmed in the name of respondents 7 and 8, for the supply of 1 crore cans each and the work order was issued to them on 19.10.2023. The 6[th] respondent Executive Officer, Sabarimala issued supply orders dated 30.10.2023 for 50 lakhs each. But respondents 7 and 8 started supplying cans only by 08.11.2023. In spite of several requests and notices made by the 6[th] respondent Executive Officer, the Devaswom Commissioner and the Board, respondents 7 and 8 could not supply sufficient cans as per the requirement. In the above circumstances, the Devaswom Commissioner submitted a report dated 18.12.2023 to the Board requesting to ask the additional 9[th] respondent, the supplier of the previous year, to supply the balance 30 lahks cans as per the supply order issued during 1198 ME, and to recover the loss sustained to the Board in this regard from respondents 7 and 8. When the additional 9[th] respondent was contacted, they demanded Rs.7.91 per can and 19 SSCR No.47 of 2023 took a stand that they would not execute any Bank guarantee. Thereafter, in order to ensure a sufficient supply of cans, the 6[th] respondent Executive Officer invited short tenders, vide tender notice dated 26.12.2023 [sic:23.12.2023] for supply of 30 lakhs cans. Since there was no response to that, second re-tender notification was published on 26.12.2023, to which two tenders were received. M/s. T.R Packing Products, I.D. Plot, Vadakkal P.O, Alappuzha, quoted Rs.8.26/- per can and the additional 9[th] - respondent quoted Rs.12.98/ per can. M/s. T.R Packing Products have a capacity to supply 5 lakhs cans only. After negotiations, the rate was reduced to 7.40/-. Accordingly, a supply order dated 27.12.2023 was issued to M/s. T.R Packing Products for supply of 5 lakhs cans. In the affidavit filed by the Secretary of the Board, it is stated that since the above supply could not meet the requirements, the Board was constrained to call the additional 9[th] respondent also for negotiation. After negotiation by the Devaswom Commissioner and thereafter at the Board level, the additional 9[th] respondent reduced the rate to Rs.12.25/-. Considering the dire need for cans due to Makaravilakku days and since the existing suppliers, i.e., respondents 7 and 8, are not able to meet the requirements, the Board decided to source 15 lakhs cans from the additional 9[th] respondent. The Board also decided 20 SSCR No.47 of 2023 to recover the loss sustained in this regard from additional respondents 7 and 8, as evident from Annexure R2(a) Board Order dated 01.01.2024. 25. In the order dated 05.01.2024, this Court noticed the submission made by the learned Senior Government Pleader that the additional 9[th] respondent was the contractor for the supply of composite cans during the Mandala-Makaravilakku festival season of 1198 ME (2022-2023). When there was a default on the part of the said respondent in supplying the required number of composite cans, the Special Commissioner, Sabarimala filed SSCR No.24 of 2022, which was disposed of by the order dated 08.02.2023. In the Audit Report of Sabarimala Devaswom for the year 1198 ME, which is now pending enquiry before the learned Ombudsman, adverse remarks have been made against the additional 9[th] respondent. 26. As already noticed hereinbefore, in the affidavit dated 05.04.2024 filed by the 4[th] respondent Deputy Director, State Audit Department, various issues relating to the tender process for the supply of composite cans in Sabarimala during MandalaMakaravilakku festival season of 1199 ME are pointed out. In that affidavit, the said respondent has also pointed out the order of this Court dated 13.10.2022 in DBA No.10 of 2022, which was in 21 SSCR No.47 of 2023 respect of supply of composite cans in Sabarimala during MandalaMakaravilakku festival season of 1198 ME. 27. Though the respective counsel for respondents 7 and 8 and also the learned Senior Counsel for the additional 9[th] respondent would address arguments placing reliance on the materials placed on record along with the affidavits filed by the said respondents, we do not propose to consider those aspects in this proceedings since, as pointed out by the learned Senior Government Pleader, those issues have to be appropriately dealt with by the 4[th] respondent Deputy Director in the statutory audit of the accounts of Sabarimala Devaswom, for the year 1199 ME. We also notice that serious irregularities pointed out in the supply of composite cans in Sabarimala during Mandala-Makaravilakku festival season of 1199 ME is the subject matter in a DBAR filed by the 4[th] respondent Deputy Director, State Audit Department, which has already been forwarded to the learned Ombudsman, for enquiry and report. 28. Having considered the materials on record and also the submission made at the Bar, we deem it appropriate to dispose of this SSCR, leaving open the factual contentions raised by the party respondents, by directing the Travancore Devaswom Board to take necessary steps to ensure that there is sufficient buffer stock of 22 SSCR No.47 of 2023 composite cans at Sabarimala Sannidhanam before the commencement of Mandala-Makaravilakku festival seasons. The tender process and the entire expenses incurred by the Travancore Devaswom Board for procuring composite cans at Sabarimala Sannidhanam during Mandala-Makaravilakku festival season of 1199 ME shall be subjected to statutory audit by the 4[th] respondent Deputy Director, taking note of the law laid down in the decisions referred to supra. In terms of the order of this Court dated 29.02.2024, certain amounts due to 8[th] respondent and also additional 9[th] respondent are withheld by the 2[nd] respondent Board. It is for the Board to take an appropriate decision on the payment of any such amounts to the said respondents, strictly in accordance with law, subject to the tender conditions and the EMD and Bank Guarantee furnished by the said respondents. The Special Commissioner, Sabarimala to file a report, regarding the steps, if any, taken by the Travancore Devaswom Board for establishing its own Composite Can Manufacturing Unit, in terms of the earlier orders of this Court. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **HARISANKAR V. MENON, JUDGE** Skk//20.04.//15.05.2024 23 SSCR No.47 of 2023 ## **`APPENDIX OF SSCR NO.47/2023`** ## **`RESPONDENTS’ ANNEXURES:`** - **`ANNEXURE-R2(A) TRUE COPY OF THE ORDER VIDE R.O.C NO.887/2023/SAB DATED 01.01.2024 OF THE TRAVANCORE DEVASWOM BOARD`** - **`ANNEXURE-R2(B) TRUE COPY OF THE REPORT NO.SP/SB/VIG217/23/TDB DATED 24.12.2023 OF THE SUPERINTENDENT OF POLICE (VIGILANCE AND SECURITY) SUBMITTED TO THE PRESIDENT, TRAVANCORE DEVASWOM BOARD`** - **`ANNEXURE-R2(C) TRUE COPY OF THE REPORT E.O.P. NO.791/23/SABA. DATED 29.01.2024 FORWARDED BY EXECUTIVE OFFICER, SABARIMALA TO THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD`** - **`ANNEXURE-R2(D) TRUE COPY OF THE REPORT E.O.P. NO.791/23/SABA. DATED 07.01.2024 FORWARDED BY THE EXECUTIVE OFFICER, SABARIMALA TO THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD`** - **`ANNEXURE R4(A) TENDER DOCUMENT NO.ROC 39/23/SAB-1 DATED 19-06-2023`** - **`ANNEXURE R4(B) QUOTATION DATED 26-12-2023 OF EXECUTIVE OFFICER SABARIMALA`** - **`ANNEXURE R4(C) QUOTATION DATED 27-12-2023 OF T.R.PACKING PRODUCTS`** - **`ANNEXURE R4(D) PURCHACE ORDER NO.EOP 792/2023/SAB DATED 27-12-2023`** - **`ANNEXURE R4(E) PROCEEDINGS NO. 887/2023/SAB DATED 01.01.2024`** - **`ANNEXURE R4(G) EOP NO. 791/2023/SAB DATED 22/10/2023 ANNEXURE R4(F) ROC NO. 39/2023/SAB-1 DATED 29/09/2023 ANNEXURE-R9(A) TRUE COPY OF THE 2ND RESPONDENT'S LETTER DATED 17.08.2023 ISSUED TO THE ADDITIONAL 9TH RESPONDENT.`** 24 SSCR No.47 of 2023 ``` ANNEXURE-R9(B)TRUE COPY OF THE 9TH RESPONDENT'S LETTER DATED 22-08-2023 TO THE 6 TH RESPONDENT ``` ``` ANNEXURE-R9(C)TRUE COPY OF THE E-MAIL DATED 21-12- 2023 SENT BY THE 9 TH RESPONDENT TO THE 2 ND RESPONDENT ``` - **`ANNEXURE-R9(D)`** ``` TRUE COPY OF THE SHORT TENDER DATED 23- 12-2023 ISSUED BY THE 2 ND RESPONDENT ``` ``` ANNEXURE-R9(E)TRUE COPY OF SHORT RE-TENDER DATED 26- 12-2023 ISSUED BY THE 2ND RESPONDENT ``` - **`ANNEXURE-R9(F) TRUE COPY OF THE QUOTATION DATED 26- 122023 SUBMITTED BY THE 9TH RESPONDENT TO THE 2ND RESPONDENT.`** - **`ANNEXURE-R9(G) TRUE COPY OF THE 9 TH RESPONDENT'S LETTER DATED 30-12-2023 TO THE 3 RD RESPONDENT, REDUCING THE PRICE TO RS. 12.50/- PER PIECE.`** - **`ANNEXURE-R9(H) TRUE COPY OF THE 9 TH RESPONDENT'S LETTER DATED 30-12-2023 TO THE 2 ND RESPONDENT, REDUCING THE PRICE TO RS. 12.25/- PER PIECE.`** - **`ANNEXURE-R9(I) TRUE COPY OF THE LETTER NUMBER EOP NO. 791/2023/SAB DATED 03-01-2024 ISSUED BY THE 6 TH RESPONDENT.`** - **`ANNEXURE-R9(J) TRUE COPY OF THE LETTER DATED 04-012024 ISSUED BY THE 9 TH RESPONDENT`** - **`ANNEXURE-R9(K) TRUE DATE WISE DETAILS OF THE SUPPLY OF CANS EFFECTED BY THE 9 TH RESPONDENT FROM 20-10-2022 TO 29-08-2023 FOR THE FESTIVAL SEASON OF 1198 ME (2022-2023)`** - **`ANNEXURE R7(A) TRUE COPY OF THE ORDER OF EXECUTIVE OFFICER, SABARIMALA, TDB SUPPLY BEARING E.O.P NO.987/22/SABA DATED 19.12.2022 ISSUED TO RESPONDENT NO.7`** - **`ANNEXURE R7(B) TRUE COPY OF THE ORDER OF EXECUTIVE OFFICER, SABARIMALA, TDB SUPPLY BEARING E.O.P NO.987/22/SABA DATED 15.01.2023 ISSUED TO RESPONDENT NO.7`** - **`ANNEXURE R7(C)`** - **`TRUE COPY OF THE ORDER OF EXECUTIVE OFFICER, SABARIMALA, TDB SUPPLY BEARING`** 25 SSCR No.47 of 2023 ``` E.O.P NO.987/22/SABA DATED 17.07.2023 ISSUED TO RESPONDENT NO.7 ``` - **`ANNEXURE R7(D)`** ``` TRUE COPY OF THE TENDER NOTICE ISSUED BY THE TDB DEVASWOM COMMISSIONER, DATED 19.06.2023 NOTIFYING TENDER FOR THE SUP- PLY OF COMPOSITE CAN AT SABARIMALA AND NILAKKAL ``` - **`ANNEXURE R7(E) TRUE COPY OF THE LETTER ISSUED BY RESPONDENT NO.7 DATED 06.10.2023 ADDRESSED TO THE DEVASWOM COMMISSIONER, TDB`** - **`ANNEXURE R7(F) TRUE COPY OF THE LETTER ISSUED BY RESPONDENT NO.7 DATED 13.10.2023 ADDRESSED TO THE DEVASWOM COMMISSIONER, TDB`** - **`ANNEXURE R7(G) TRUE COPY OF THE SUPPLY ORDER OF THE EXECUTIVE OFFICER, SABARIMALA BEARING E.O.P NO. 792/2023/SAB DATED 22.10.2023`** - **`ANNEXURE R7(H) TRUE COPY OF THE LETTER FROM RESPONDENT NO.7 DATED 27.10.2023 ADDRESSED TO THE EXECUTIVE OFFICER, SABARIMALA, TDB`** - **`ANNEXURE R7(I) TRUE COPY OF THE ORDER OF EXECUTIVE OFFICER, SABARIMALA, TDB SUPPLY ORDER BEARING E.O.P NO. 792/23/SABA DATED 30.10.2023`** - **`ANNEXURE R7(J) TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE TDB AND RESPONDENT NO.7 ON 01.12.2023 FOR SABARIMALA`** - **`ANNEXURE R7(K) TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE TDB AND RESPONDENT NO.7 ON 01.12.2023 FOR NILAKKAL (OFFICE COPY)`** - **`ANNEXURE R7(L) TRUE COPY OF THE STATEMENT REGARDING THE SUPPLY OF 50 LAKH CANS AT SABARIMALA`** - **`ANNEXURE R7(M)`** - **`TRUE COPY OF THE STATEMENT REGARDING THE SUPPLY OF 6 LAKH CANS AT NILAKKAL`** - **`ANNEXURE R7(N) TRUE COPY OF THE NOTICE ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA TDB BEARING E.O.P NO. 792/23/SABA DATED 13.12.2023 ISSUED TO RESPONDENT NO.7`** - **`ANNEXURE R7(O)`** - **`TRUE COPY OF THE NOTICE ISSUED BY THE DEVASWOM COMMISSIONER, TDB, BEARING NO. R.O.C. 39/2023/SAB-1 DATED 16.12.2023`** 26 SSCR No.47 of 2023 ``` ANNEXURE R7(P) ``` ``` TRUE COPY OF THE LETTER ISSUED BY RE- SPONDENT NO.7 DATED 15.12.2023 ADDRESSED TO THE EXECUTIVE OFFICER, TDB , SABARIMALA ``` ``` ANNEXURE R7(Q)TRUE COPY OF EXECUTIVE OFFICER, SABARIMALA, TDB SUPPLY ORDER BEARING E.O.P NO. 791/23/SAB DATED 05.01.2024 ISSUED TO RESPONDENT NO.7 FOR SUPPLY OF 25 LAKH CANS AT SABARIMALA ``` ``` ANNEXURE.R8(1)TRUE COPY OF UDYAM REGISTRATION CERTIFI- CATE DATED 10-06-2008 ``` ``` ANNEXURE.R8(2)TRUE COPY OF LETTER DATED 7-10-2023 IS- SUED BY THE 8TH RESPONDENT TO THE 3RD RESPONDENT ``` ``` ANNEXURE.R8(3)TRUE COPY OF WORK ORDER DATED 30-10-2023 ISSUED BY THE 6TH RESPONDENT ``` ``` ANNEXURE.R8(4)TRUE COPY OF REPLY DATED 15-12-2023 IS- SUED BY THE 8TH RESPONDENT BEFORE THE 6TH RESPONDENT ``` ``` ANNEXURE.R8(5)TRUE COPY OF REPRESENTATION DATED 18-02- 2024 SUBMITTED BY THE 8TH RESPONDENT BE- FORE THE 2ND RESPONDENT ```