Travancore Devaswom Board - Report No.15 of 2024 in Complaint No.130 of 2023, Sabarimala - Purchase of tins and lids and increase in price - Suo Motu Proceedings Initiated

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` THURSDAY, THE 11[TH] DAY OF JULY 2024 / 20TH ASHADHA, 1946 ``` ``` DBP NO. 52 OF 2024 ``` ``` IN THE MATTER OF TRAVANCORE DEWASWOM BOARD-REPORT NO.15 OF ``` ``` 2024 IN COMPLAINT NO.130 OF 2023-SABARIMALA-ARAVANA- ``` ``` PURCHASE OF TINS AND LIDS AND INCREASE IN PRICE-SUO MOTU PROCEEDINGS INITIATED-REG ``` ## **`PETITIONER:`** ``` K.P. ANILKUMAR ``` ``` THEKKEKUNNUKARA HOUSE, VAZHAVILA, OOKODU POST, THIRUVANANTHAPURAM ``` ## **`RESPONDENTS:`** - **`1 THE DEVASWOM COMMISSIONER`** ``` TRAVANCORE DEVASWOM BOARD, KAWDIAR POST, NANTHANCODE, THRIUVANANTHAPURAM-695003 ``` - **`2 THE TRAVANCORE DEVASWOM BOARD`** ``` REPRESENTED BY ITS SECRETARY, KAWDIAR POST, NANATHANCODE, THIRUVANANTHAPURAM-695003 ``` - **`3 ADDL R3- STATE OF KERALA`** ``` REPRESENTED BY THE PRINCIPAL SECRETARY ``` ``` TO GOVERNMENT, REVENUE (DEVASWOM) ``` ``` DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 ``` - **`4 ADDL R4- THE DEPUTY DIRECTOR`** ``` KERALA STATE AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM-695 003 ``` ``` *ADDL.R3 AND ADDL.R4 ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 3 AND 4 AS PER ORDER DATED 05/06/2024 IN DBP.NO.52/2024 ``` 2 DBP No.52 of 2024 ``` BY ADVS. SR. GP- SRI. S. RAJMOHAN, SC TDB- SRI. G. BIJU, AMICUS CIRIAE FOR OMBUDSMAN- SRI.P.RAMACHANDRAN ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 11.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 DBP No.52 of 2024 ## **ORDER** ## **Anil K. Narendran, J** This DBP is registered _suo motu_ , based on Report No.15 of 2024 of the learned Ombudsman in complaint No.130 of 2023, which was one made by the complainant regarding the purchase of composite cans and lids for Aravana Prasadam at Sabarimala Sannidhanam. A copy of that complaint is marked as Annexure O1 in the report filed by the learned Ombudsman. The Deputy Devaswom Commissioner filed Annexure O2 reply dated 08.11.2023, enclosing therewith a report dated 18.10.2023 of the Executive Officer, Sabarimala. In paragraph 3 of the report, the learned Ombudsman suggested that the Kerala State Audit Department, Travancore Devaswom Board Audit may be directed to verify the files and accounts relating to the purchase of composite cans and lids at Sabarimala Devaswom, for the year 2022 and file a report before this Court. 2. On 05.06.2024, when this DBP came up for consideration, Registry was directed to incorporate a copy of the order of this Court 08.02.2023 in SSCR No.24 of 2022 in the Judge’s Papers of this DBP. The State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department and the Deputy Director, Kerala State Audit 4 DBP No.52 of 2024 Department, Travancore Devaswom Board Audit were _suo motu_ impleaded as additional respondents 3 and 4. 3. By the order dated 11.06.2024, Registry was directed to issue notice to the complainant by speed post, returnable within three weeks. Service of notice is complete on the complainant as the acknowledgment card has already been returned after service. 4. Heard the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 2 and the learned Senior Government Pleader for respondents 3 and 4. 5. SSCR No.24 of 2022 was one filed by the Special Commissioner, Sabarimala, regarding the preparation of Appam and Aravana Prasadam at Sabarimala Sannidhanam for MandalaMakaravilakku festival season of 1198 ME (2022-23). In that SSCR, this Court passed various orders. By the order dated 08.02.2023, that SSCR was disposed of. Paragraphs 15 to 21 and also the last paragraph of that order 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. (2022-23), for ensuring sufficient, and uninterrupted supply of Aravana Prasadam to pilgrims. 5 DBP No.52 of 2024 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. 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 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 6 DBP No.52 of 2024 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 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, 7 DBP No.52 of 2024 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 MandalaMakaravilakku 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 MandalaMakaravilakku 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 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 8 DBP No.52 of 2024 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. 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, 9 DBP No.52 of 2024 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 MandalaMakaravilakku festival season of 1198 M.E. (20222023), 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 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 10 DBP No.52 of 2024 contractor on supply of composite cans during MandalaMakaravilakku festival season of 1198 M.E.” Having considered the materials on record and also the submissions made by the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader, we deem it appropriate to dispose of this DBP, taking note of the specific directions contained in the order dated 08.02.2023 in SSCR No.24 of 2022 and by directing the 4[th] respondent to take note of Annexure O1 complaint dated 14.06.2023 of the complainant, while conducting statutory audit of the accounts of Sabarimala Devaswom. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **HARISANKAR V. MENON, JUDGE** anm