W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023, Suo Motu – Sheena M.S. v. Travancore Devaswom Board & others (Division Bench)

1 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 W.P.(C)NO.42890 OF 2022** ## **PETITIONER:** **SHEENA M.S., AGED 41 YEARS W/O.SURESH P.K., PANTHALANGATTIL HOUSE, KUNDANNOOR P.O., THALAPILLY TALUK, THRISSUR DISTRICT, PIN - 680590** **BY ADVS.BABU S. NAIR SMITHA BABU** ## **RESPONDENTS:** - **1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003** - **2 THE EXECUTIVE OFFICER TRAVANCORE DEVASWOM BOARD, SABARIMALA DEVASWOM, PATHANAMTHITTA DISTRICT, PIN - 689662** - **3 THE ADDITIONAL DISTRICT MAGISTRATE,CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003** - **4 THE COMMISSIONER , TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003** - **SRI G BIJU, SC, TDB. SRI S RAJMOHAN, SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH SSCR.1/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 SSCR NO.1 OF 2023** ## **PETITIONER:** **SUO MOTU** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL 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 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695003.** - **4 THE EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695003.** - **5 DIRECTOR GENERAL, KERALA FIRE & RESCUE SERVICES HEADQUARTERS, FIRE FORCE JUNCTION, PULIMOODU P.O., THIRUVANANTHAPURAM - 695001.** - **6 THE DISTRICT COLLECTOR, 2ND FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA, KERALA - 689645.** - **7 THE DISTRICT POLICE CHIEF, PATHANAMTHITTA - 689645.** - **8 THE STATION HOUSE OFFICER, SANNIDHANAM POLICE STATION, SABARIMALA SANNIDHANAM, PATHANAMTHITTA, PIN - 689713.** - **9 DEPUTY DIRECTOR, PERIYAR WEST DIVISION, PEERUMEDU, IDUKKI - 685531.** 3 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 - **10 PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) & CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014.** - **11 UNION OF INDIA, REPRESENTED BY ITS SECRETARY (MOEFCC), MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI - 110003.** - **12 THE CONTROLLER OF EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682037.** - **13 ADDL R13- SMT.SHEENA M.S., AGED 41 YEARS, W/O.SURESH P.K., PANTHALANGATTIL HOUSE, KUNDANNOOR P.O., THALAPILLY TALUK, THRISSUR DISTRICT, PIN - 680 590 *IS SUO MOTU IMPLEADED AS THE ADDITIONAL 13TH RESPONDENT VIDE ORDER DATED 03/01/2023 IN SSCR 1/2023** - **14 THE ADDITIONAL DISTRICT MAGISTRATE CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680 003** - **R14 IS SUO MOTU IMPLEADED VIDE ORDER DATED 19/1/2023.** - **BY ADVS.Biju Babu S. Nair SMITHA BABU(S-499)** - **SRI G BIJU, SC, TDB. SRI S RAJMOHAN, SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH WP(C).42890/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 4 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 ## **JUDGMENT/ORDER** ## **Anil K. Narendran, J.** The common issue involved in the above writ petition and SSCR relates to the conduct of Vedivazhipadu in Sabarimala Devaswom during the Mandala-Makaravilakku festival season of 1198 ME (2022-23). 2. W.P.(C)No.42890 of 2022:- The petitioner is the kuthaka holder for Vedivazhipadu at Sabarimala Devaswom for the year 1198 ME (2022-23). On 27.12.2022, the petitioner filed this writ petition, invoking the extraordinary jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to allot places to conduct the Vedivazhipadu at Sabari Peedam (where the Chandrananthan Road and Sarana Sethu meet), Saramkuthi and Karimala. The petitioner has also sought for a writ of mandamus commanding the respondents to refund the proportionate bid amount paid, for not allotting the places at Sabari Peedam (where the Chandrananthan Road and Sarana Sethu meet), Saramkuthi and Karimala to conduct Vedivazhipadu; and a writ of mandamus commanding the 2[nd] respondent Executive Officer, Sabarimala to consider Ext.P8 representation dated 12.12.2022 made by the petitioner. 5 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 2.1. On 30.12.2022, when this writ petition came up for admission, it was adjourned to 03.01.2013 for the learned Standing Counsel for the Travancore Devaswom Board to get instructions. 2.2. On 02.01.2023 at 4.50 p.m. there occurred an explosion in the manufacturing/filling shed of the petitioner at Sabarimala Sannidhanam, in which three employees sustained burn injuries. 3. SSCR No.1 of 2023:- This report filed by the Special Commissioner, Sabarimala, which came up for consideration before this Court on 03.01.2023, is regarding the explosion that occurred near Malikappuram Temple on 02.01.2023, at about 4.50 p.m., causing injuries to three employees of the Vedivazhipadu contractor at Sabarimala Devaswom for the year 1198 ME (2022-23), the writ petitioner in W.P.(C)No.42890 of 2022, who is _suo motu_ impleaded as the additional 13[th] respondent in this SSCR. 3.1. As per the report of the Special Commissioner, on 2.1.2023 at 4.50 p.m., an explosion occurred at the explosive manufacturing/filling shed behind Annadhanamandapam and incinerator, near Malikappuram Temple, causing serious injuries to the three employees of Vedivazhipadu contractor, engaged in 6 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 filling explosives into the cartridges. The Special Commissioner obtained a report from the Special Officer, Fire and Rescue Services, Sannidhanam on the incident, wherein it is reported that the explosives brought from the explosives magazine and kept at the manufacturing/filling shed caught fire and exploded, as a result of which the shed was destroyed and the employees, who were engaged in filling explosives sustained serious injuries. As per the said report, the manufacturing/filling shed is situated at a distance of only 10 metres from the firing platform. A firewood stove, cooking vessels and provisions were found very near the manufacturing/filling shed. Moreover, dried leaves and twigs, which are easily combustible, were seen lying nearby. Out of the four fire extinguishers, two are seen used completely. In the report of the Special Officer, Fire and Rescue Services, Sannidhanam, it is stated that the additional 13[th] respondent Vedivazhipadu contractor, who is holding LE2 explosive licence, has not fully complied with the licence conditions. The police registered Crime No.2 of 2023 of Sannidhanam Police Station, under Section 286 of the Indian Penal Code, 1860 against the injured employees, who are undergoing treatment at the Medical College Hospital, Kottayam. A copy of the FIR in Crime No.2 of 2023 of 7 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Sannidhanam Police Station, the report of the Special Officer, Fire and Rescue Services, Sannidhanam and a few photographs of the manufacturing/filling shed, which caught fire and exploded, are annexed to this SSCR. 3.2. On 03.01.2023, when this SSCR was taken up for consideration, the learned Senior Government Pleader entered appearance for respondents 1, 5 to 10, the learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 2 to 4, the learned Deputy Solicitor General of India entered appearance for respondents 11 and 12 and the additional 13[th] respondent Vedivazhipadu contractor, who is the petitioner in W.P.(C)No.42890 of 2022, entered appearance through counsel. 3.3. On 03.01.2023, the learned Standing Counsel for Travancore Devaswom Board submitted that immediately after the explosion on 02.01.2023 at 4.50 p.m., the 4[th] respondent Executive Officer, Sabarimala issued a show-cause notice to Vedivazhipadu contractor, which was followed by a stop memo dated 03.01.2023, and the entire activities in connection with Vedivazhipadu are suspended, in view of the said incident. The learned Senior Government Pleader submitted that the police registered Crime No.2 of 2023 of Sannidhanam Police Station 8 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 and the investigation is in progress. The learned _Amicus Curiae_ for Special Commissioner, Sabarimala pointed out the suggestion made in this SSCR for conducting a security audit at Sabarimala Sannidhanam, Pamba and Nilakkal and prescribe safety regulations. Having considered the materials on record and also the submissions made at the bar, by the order dated 03.01.2023, this Court directed the 5[th] respondent Director General, Kerala Fire and Rescue Services Department to conduct a security audit through the concerned District Officer and submit a detailed report before this Court, by 05.01.2023. The learned Deputy Solicitor General of India was directed to get instructions from the 11[th] respondent Ministry of Environment, Forest and Climate Change, since Sabarimala is within Periyar Tiger Reserve, and also from the 12[th] respondent Controller of Explosives. The learned Senior Government Pleader was directed to get instructions from the 9[th] respondent Deputy Director, Periyar West Division. The learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to whether Vedivazhipadu is a vazhipadu item in the Paditharam of Sabarimala Devaswom. By the order dated 03.01.2023, it was ordered that the operation of the stop memo 9 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 issued by the 4[th] respondent Executive Officer shall continue to be in force. 4. On 06.01.2023, when this SSCR came up for consideration along with the writ petition, the written instructions of the 9[th] respondent Deputy Director, Periyar West Division was placed on record, along with the memo dated 05.01.2023 filed by the learned Senior Government Pleader. The learned Standing Counsel for Travancore Devaswom Board and the learned counsel for Vedivazhipadu contractor sought time to get instructions. By the order dated 06.01.2023, it was ordered that the operation of the stop memo issued by the 4[th] respondent Executive Officer shall continue to be in force. 5. On 10.01.2023, the learned Senior Government Pleader submitted that the fire audit report in terms of the order of this Court dated 03.01.2023 is being filed. The learned Standing Counsel for Travancore Devaswom Board submitted that the affidavit of the 2[nd] respondent Board is being filed. The learned counsel for Vedivazhipadu contractor submitted that the affidavit of the said respondent Board shall be placed on record by 11.01.2023. 6. On 10.01.2023, along with a memo dated 09.01.2023 of the learned Senior Government Pleader, Fire 10 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Audit Report No.FIREHQ/18/2023-F3 dated 09.01.2023 filed on behalf of the 5[th] respondent Director General, Kerala Fire and Rescue Services Department, was placed on record. The additional 13[th] respondent Vedivazhipadu contractor has filed an affidavit dated 10.01.2023. 7. On 12.01.2023, when the matter was taken up for consideration at 10.15 a.m., the learned counsel for Vedivazhipadu contractor sought time to get instructions as to whether the contractor has already remitted the balance bid amount, in terms of Ext.P7 general conditions for Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (202223). The learned counsel for Vedivazhipadu contractor and the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions as to whether the contractor has furnished bank guarantee for the balance bid amount, in terms of condition No.10 of Ext.P7 general conditions. 8. On 12.01.2023, when the matter was taken up for again at 2.00 p.m., the learned counsel for Vedivazhipadu contractor submitted that the contractor has remitted the - balance bid amount of Rs.9,09,009/ on 12.01.2023, after the order of this Court at 10.15 a.m. Further, the contractor has not furnished bank guarantee for the balance bid amount, in terms 11 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 of condition No.10 of Ext.P7 general conditions. The learned Standing Counsel for Travancore Devaswom Board sought time to get instructions from the Devaswom Commissioner as to the circumstances in which Vedivazhipadu contractor, who failed to remit the balance bid amount payable on 30.11.2022, was permitted to continue as Kuthaka right holder, even without furnishing bank guarantee for the balance bid amount. In the order dated 12.01.2023, this Court noticed that the balance bid amount stated to have been remitted by the Vedivazhipadu contractor does not include penal interest for delayed payment, as per the tender conditions. 9. On 12.01.2023, the learned Senior Government Pleader submitted that regarding the explosion that occurred on 02.01.2023 at 4.50 p.m. at the shed of Vedivazhipadu contractor, the Special Officer, Fire and Rescue Services, Sannidhanam has submitted a report, as per which the manufacturing/filling shed is at a distance of only 10 meters from the firing platform. A firewood stove, cooking vessels and provisions were found very near the said shed. The learned Senior Government Pleader pointed out that the findings in the report of the Special Officer that Vedivazhipadu contractor has not fully complied with the license conditions have been 12 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 referred to in paragraphs 4 and 5 of the report of the Special Commissioner, Sabarimala. The learned Senior Government Pleader also pointed out the findings in the Security Audit Report dated 09.01.2023 filed on behalf of the Director General, Fire and Rescue Services, regarding Vedivazhipadu (Chapter A, Paragraph 4 at Page No.5). On 12.01.2023, after arguing for some time, the learned counsel for Vedivazhipadu contractor sought time to place on record a copy of LE-2 licence issued to the contractor in respect of the firing platform at Malikapuram. 10. On 17.01.2023, when the matter was taken up for consideration, along with I.A.No.1 of 2023 in the writ petition, the petitioner contractor has placed on record Ext.P9 proceedings dated 21.11.2022 of the 3[rd] respondent Additional District Magistrate, enclosing therewith the licence in Form LE2. In Ext.P9 proceedings it is stated that the 3[rd] respondent has granted LE-2 to the petitioner contractor, since there was a direction in the judgment of this Court dated 26.10.2022 in W.P. (C)No.33998 of 2022, whereby the said respondent is directed to consider the application for licence and grant licence to the petitioner contractor. 11. In the order dated 17.01.2023, this Court noticed that W.P.(C)No.33998 of 2022 was one filed by the petitioner 13 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 contractor seeking a writ of mandamus commanding the Travancore Devaswom Board and the Executive Officer, Sabarimala Devaswom, not to proceed with the re-tendering of the Kuthaka item for ‘Vedivazhipadu’ in Sabarimala Sannidhanam, based on Ext.P7 re-e-tender notification dated 18.10.2022 issued by the Devaswom Commissioner. In the said writ petition, the petitioner has also sought for other reliefs, including the writ of mandamus commanding the Additional District Magistrate, Thrissur to issue licence to the petitioner in Form LE-2 under the provisions of the Explosive Rules, 2008, based on an application dated 17.10.2022, which was marked as Ext.P6 in that writ petition. By the judgment dated 26.10.2022, W.P.(C)No.33998 of 2022 ended in dismissal. The operative portion of that judgment reads thus; “In the result, the challenge made in this writ petition against Ext.P7 re-e-tender notification issued by the additional 4tth respondent Devaswom Commissioner, insofar as it relates to 'Vedivazhipadu' in Sabarimala Devaswom, fails. The writ petition is accordingly dismissed, leaving open the legal and factual contentions raised by the petitioner. The additional 4[th] respondent shall proceed with Ext.P7 re-e-tender notification, strictly in terms of the eligibility criteria prescribed in the e-tender notification originally issued and Ext.P8 general conditions, which forms part of that notification, and keeping in mind the law 14 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 laid down in the decisions referred to supra.” (underline supplied) 12. On 17.01.2023, the learned Senior Government Pleader sought time to get instructions from the 3[rd] respondent Additional District Magistrate on the aforesaid reasoning in Ext.P9 order dated 21.11.2022. By the order dated 17.01.2023, the learned Senior Government Pleader was directed to ensure that the files relating to Ext.P9 proceedings dated 21.11.2022 of the 3[rd] respondent Additional District Magistrate granting LE-2 licence to the petitioner contractor and also the files relating to the LE-2 licence granted in the name of the Executive Officer, Sabarimala in respect of two firing platforms at Malikappuram and near Nadapanthal are made available for the perusal of this Court on the next posting date. 13. On 19.01.2023, when the matter came up for consideration, the learned Senior Government Pleader has made available for the perusal of this Court the files relating to Ext.P9 proceedings of the Additional District Magistrate, Thrissur granting LE-2 licence the Vedivazhipadu contractor and also the files relating to the LE-2 licence granted to the Executive Officer, Sabarimala. The said files contain a report dated 04.11.2022 of the District Police Chief, Thrissur City, to the District Collector, 15 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 - Thrissur, in which it is recommended not to grant LE 2 licence to the petitioner contractor in W.P.(C)No.42890 of 2022, for the reason stated therein. 14. In the order dated 19.01.2023, this Court noticed that the factors, which weighed the mind of the Additional District Magistrate, for arriving at a conclusion that the petitioner contractor is entitled for grant of LE-2 licence under the provisions of the Explosives Rules, 2008, are not discernible from the files made available for the perusal of this Court. The reasoning of the Additional District Magistrate, Thrissur in Ext.P9 proceedings dated 21.11.2022 is that there is a direction by this Court in the judgment dated 26.10.2022 in W.P. (C)No.33998 of 2022, to consider the application for licence and grant licence to the petitioner contractor. There is no such direction in the judgment dated 26.10.2022, whereby W.P. (C)No. 33998 of 2022 filed by the petitioner contractor was dismissed, for the reasons stated therein. Moreover, LE-2 licence dated 21.11.2022 granted to the petitioner contractor, which is enclosed along with Ext.P9 proceedings dated 21.11.2022 of the Additional District Magistrate, Thrissur, is in respect of a premises situated in Survey No.1335/5 of Wadakkanchery Village in Thrissur District. Having considered 16 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 the materials on record and also the submissions made at the Bar, by the order dated 19.01.2023, the Additional District Magistrate, Thrissur was directed to appear before this Court in person, on 24.01.2023 at 2.15 p.m., to explain the facts and circumstances in issuing Ext.P9 proceedings dated 21.11.2022 granting LE-2 licence to the petitioner contractor, for the reasons stated in that proceedings, ignoring the adverse report of the District Police Chief, Thrissur. Considering the facts and circumstances borne out from the files, this Court by the order dated 19.01.2023, stayed the operation of Ext.P9 proceedings dated 21.11.2022 of the Additional District Magistrate, Thrissur, and consequently, the LE-2 licence dated 21.11.2022 granted to the petitioner contractor, with licence No.1654/LE-2, was suspended with immediate effect. The Additional District Magistrate, Thrissur, was directed to issue necessary proceedings in this regard, forthwith. Registry was directed to incorporate in the judges’ papers of SSCR No.1 of 2023, the copy of the files handed over by the learned Senior Government Pleader relating to LE-2 licence granted to the petitioner contractor and that granted to the Executive Officer, Sabarimala. 17 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 15. On 24.01.2023, when the matter came up for consideration, Sri.Reji P. Joseph, Additional District Magistrate, Thrissur, was personally present in Court, who sought time to file an affidavit explaining the facts and circumstances. As already noticed in the order dated 19.01.2023, LE-2 licence granted to the petitioner-contractor is in respect of a premises situated in Sy.No.1335/5 Wadakkanchery Village in Thrissur District. The learned Senior Government Pleader, on instructions, submitted that the District Magistrate, Pathanamthitta has already issued a show cause notice to the Executive Officer, Sabarimala. The learned Standing Counsel for Travancore Devaswom Board submitted that the Executive Officer is yet to receive that show cause notice. Having considered the materials on record and also the submissions made at the Bar, by the order dated 24.01.2023, this Court directed the Executive Officer, Sabarimala to file an affidavit explaining the facts and circumstances. The learned Senior Government Pleader was directed to ensure that the affidavit of the District Collector, Pathanamthitta, is placed on record in SSCR No.1 of 2023 within ten days. The files relating to the grant of LE-2 licence to the petitioner contractor were ordered to be placed on record along with the affidavit filed by the 18 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Additional District Magistrate, Thrissur and that relating to grant of LE-2 licence to the Executive Officer, Sabarimala, along with the affidavit of the District Collector, Pathanamthitta. 16. In terms of the direction contained in the order of this Court dated 24.01.2023, the 4[th] respondent Travancore Devaswom Board has filed an affidavit dated 06.02.2023 in the SSCR, producing therewith Annexures R4(a) to R4(e) documents. The 6[th] respondent District Collector has also filed an affidavit dated 04.01.2023 in the SSCR. 17. Heard the learned counsel for the petitioner contractor in the writ petition (additional 13[th] respondent in the SSCR), the learned Senior Government Pleader for the State of Kerala and official respondents, the learned Standing Counsel for Travancore Devaswom Board for the Board and its officials, the learned Deputy Solicitor General of India for Union of India and Controller of Explosives and the learned Amicus Curiae for the Special Commissioner, Sabarimala. 18. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Section 15A of the Act, inserted by Act 19 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 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. 19. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the 20 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 educational upliftment, social and cultural advancement and economic betterment of the Hindu community. 20. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 21. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall, out of the Devaswom Fund, maintain and administer Sabarimala Devaswom in accordance with recognised usages and meet the expenditure for the customary religious ceremonies. The Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and 21 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 ceremonies and of the festivals in Sabarimala according to the usage. 22. In **Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]** 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 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, therefore, is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957, viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of _parens patriae_ will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings. 23. In **Suneesh K.S. v. Travancore Devaswom Board and others [ILR (2022) 1 Ker 1091 : 2022/KER/5139]** a 22 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Division Bench of this Court, in which both of us were parties, was dealing with the Kuthaka right to sell pooja items in the premises of Valliamkavu Devi Temple, which is under the management of the Travancore Devaswom Board. In the said decision, this Court held that the properties of deities and temples are required to be protected and safeguarded from usurpation or encroachment in any manner. Persons entrusted with the duty to manage such properties should be vigilant to prevent such usurpation or encroachment. When such usurpation or encroachment 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 officers concerned and the 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 usurpation or encroachment, wrongful claims or misappropriation. Therefore, the concerned Assistant Commissioner and the Administrative Officer were directed to take stern action against those who have defaulted payment of installments in respect of Kuthaka items, in violation of the tender conditions, if found necessary, after seeking police assistance. In the said decision, it was made 23 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 clear that, if any such request is received, it is the duty of the concerned Station House Officer to render necessary assistance to the concerned Assistant Commissioner or the Administrative Officer, in order to protect and safeguard the properties of deities and temples from usurpation or encroachment in any manner. 24. In **Sunil Kumar P.G. v. State of Kerala and others [2022/KER/71822]** a Division Bench of this Court, in which both of us were parties, was dealing with the auction conducted for the Kuthaka item No.119 (maintenance of Pamba toilet block) in Sabarimala Devaswom for the year 1197 ME (2021-22). By the judgment dated 13.10.2022, W.P.(C) Nos.29772 of 2021 and 29859 of 2021 were disposed of by directing the Chief Vigilance Officer, Travancore Devaswom Board to conduct a detailed enquiry, with notice to the writ - petitioners and also the party respondents, on the e tender process for Kuthaka items in Sabarimala Devaswom, for the year 1197 ME, with specific reference to item No.119 (maintenance of Pamba toilet block), after the MandalaMakaravilakku Season of 1198 ME is over. The report of the Chief Vigilance Officer was directed to be placed before the Travancore Devaswom Board, by the first week of March, 2023. 24 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 The decision taken by the Board, based on the enquiry report of the Chief Vigilance Officer, was directed to be placed before this Court, along with the report of the Special Commissioner, Sabarimala. 25. In **Sunil Kumar P.G. [2022/KER/71822]** this Court ordered that the entire e-tender for Kuthaka items in Sabarimala Devaswom, from Mandala-Makaravilakku festival season of 1199 ME (2023-24) onwards shall be conducted, after publishing an auction notification specifying the highest bid for the previous three years, excluding the period during which there were restrictions on account of Covid-19 pandemic. After completion of the tender process, the details of the successful bidders along with the bid amount, the balance bid amount payable, its due date, etc., shall be exhibited on the official website of the Board. The list of those who have defaulted payment of the balance bid amount shall also be exhibited on the official website. The list of defaulters shall be forwarded to the Devaswom Commissioner for necessary action. A copy of that list shall also be forwarded to the Special Commissioner, Sabarimala. 26. In **Sunil Kumar P.G. [2022/KER/71822]** this Court directed the Travancore Devaswom Board to adopt a 25 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 similar procedure in respect of all major temples under its management, in which the annual income is above Rs.2 Crore. In respect of such temples, the list of defaulters shall be forwarded to the Devaswom Commissioner for necessary action. The Kuthaka holders, who have defaulted payment of the balance bid amount, shall be proceeded against, in accordance with the tender conditions. In appropriate cases, proceedings shall also be initiated for blacklisting. In the said decision, this Court ordered that the successful bidders and their staff, if any, in respect of Kuthaka items in Sabarimala Devaswom and other Devaswoms under the management of the Travancore Devaswom Board shall be issued with photo identity cards. They shall be required to produce police clearance certificate. In respect of Kuthaka items above Rs.5,00,000/-, the Travancore Devaswom Board shall insist on the Income Tax particulars of the bidders. 27. In the matter of **Audit Report of the Travancore Devaswom Board for the year 1967-68 (Sabarimala Improvement Fund)** reported in **[1990 (1) KLT 347]** , in the context of Section 32 of the Travancore-Cochin Hindu Religious and Charitable Institutions Act, a Division Bench of this Court reminded the President and Members of the Travancore 26 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Devaswom Board about their public accountability. In the said decision, it was made clear that it is for all persons concerned to see that greater vigil is exercised by the President and Members of the Board in the overall administration of the Board and in the collection and disbursement of funds. 28. In **Suo Motu v. State of Kerala and others [2023/KER/21878 : 2023 SCC OnLine Ker 2166]** - order/ judgment dated 23.03.2023 in SSCR No.29 of 2022 and W.P. (C)No.42987 of 2022 a Division Bench of this Court in which both of us were parties, noticed that despite the directions contained in the decisions of this Court in **Abu K.S. v. Travancore Devaswom Board [2022/KER/6409]** , **Suneesh K.S. v. Travancore Devaswom Board and others** **[ILR (2022) 1 Ker 1091]** and **Sunil Kumar P.G. [2022/KER/71822]** the Travancore Devaswom Board and its officials have not shown reasonable diligence in the manner of an ordinary prudent man of business who conduct his own affairs, in matters relating to the auctioning of Kuthaka rights at Sabarimala Devaswom for the year 1198 ME (2022-23). On the facts of that case, which was in respect of Kuthaka right for the collection of parking fee in the parking grounds at Nilakkal Base Camp, this Court noticed that the Travancore Devaswom Board 27 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 and its officials, namely, the Commissioner and the Executive Officer, Sabarimala, were aware of the financial condition of the parking contractor from the tender documents submitted by him. In the affidavits filed by the Commissioner or the Executive officer, they could not offer any explanation for awarding a contract for more than Rs.2 Crore to such a person, even without insisting bank guarantee for the balance bid amount. Contrary to the general conditions, which form part of the tender notification dated 10.08.2022, in respect of Kuthaka items in Sabarimala Devaswom for the year 1198 ME (202223), the parking contractor was permitted to pay 50% bid amount in installments. Though the parking contractor has defaulted payment of the balance bid amount of Rs.64,69,421/- payable on 30.11.2022 and Rs.64,69,420/- payable on 15.12.2022 and also payment of 1% TDS amounting to Rs.2,58,778/- to the Income Tax Department, the Board and its officials have permitted him to collect parking fee from the parking grounds at Nilakkal Base Camp. The default committed by the parking contractor was brought to the notice of this Court only on 23.12.2022, by handing over a copy of Ext.R2(c) communication dated 20.12.2022 of the Executive Officer, addressed to the Special Officer, Nilakkal. The fact that the 28 ## W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 parking contractor has not furnished a bank guarantee in terms of clause 10 of the general conditions, which forms part of the tender notification dated 10.08.2022, and clause 3 of the agreement was also not brought to the notice of this Court. By the order/judgment dated 23.03.2023, it was made clear that, it is for the Board to initiate appropriate proceedings against the parking contractor, in accordance with law, for the recovery of the defaulted payments and other amounts due to the Board, in respect of the contract dated 10.11.2022, taking note of the notification, i.e., G.O.(P)No.83/2023/RD dated 17.03.2023 (Published in Kerala Gazette Extraordinary No.1001 dated 18.03.2023), whereby the provisions of the Kerala Revenue Recovery Act are made applicable to the recovery of amounts due from any persons or class of persons to the Travancore Devaswom Board. During the course of arguments, on a specific query made by this Court, the learned Standing Counsel for the Travancore Devaswom Board, on instructions, submitted that no bank guarantee was insisted for the balance bid amount, in terms of clause 3 of the respective agreements and clause 10 of the general conditions, which forms part of the tender notification dated 10.08.2022, in respect of any Kuthaka holder in Sabarimala Devaswom for the year 1198 ME (2022-23). It 29 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 was not discernible from the pleadings and materials on record, whether the Board has taken any decision not to insist on bank guarantee for the balance bid amount in respect of Kuthaka holders in Sabarimala Devaswom for the year 1198 ME (202223). By the order/judgment dated 23.03.2023, this Court ordered a thorough enquiry by a team constituted by the - Director of Vigilance and Anti Corruption Bureau on the conduct of each and every person connected with the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23). Paragraphs 44 and 45 of the said order/judgment dated 23.03.2023 read thus; “44. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, we are of the considered opinion that a thorough enquiry by a team constituted by the Director of Vigilance and Anti-Corruption Bureau is absolutely essential on the conduct of each and every person connected with the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23). Therefore, the Director of Vigilance and Anti-Corruption Bureau, who is the additional 12[th] respondent in SSCR 30 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 No.29 of 2022 (the additional 8[th] respondent in W.P. (C)No.42987 of 2022) is directed to constitute a team headed by the Superintendent of Police to conduct a preliminary enquiry into the whole matter relating to the auction conducted by the Travancore Devaswom Board, in terms the tender notification dated 10.08.2022, of the Kuthaka rights in Sabarimala Devaswom for the year 1198 ME (2022-23), to ascertain whether a cognizable offence is disclosed or not. If at any stage, during the enquiry, there are reasonable grounds to believe that a public servant has committed an offence under the Prevention of Corruption Act, 1988, further proceedings shall be taken in accordance with law. 45. The Travancore Devaswom Board and its officials are directed to ensure strict compliance of the directions contained in the decisions of this Court in **Abu K.S. [2022/KER/6409]** , **Suneesh K.S. [ILR (2022) 1 Ker 1091]** and **Sunil Kumar P.G. [2022/KER/71822]** while conducting the auction of Kuthaka rights in Sabarimala Devaswom. Recovery proceedings shall be initiated against the defaulters, in terms of the notification, i.e., G.O.(P)No.83/2023/RD dated 17.03.2023 (Published in Kerala Gazette Extraordinary No.1001 dated 18.03.2023), whereby the provisions of the Kerala Revenue Recovery Act are made applicable to the recovery of amounts due from any persons or class of persons to the Travancore Devaswom Board.” 29. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve, which is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged 31 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 terrains of Western Ghats to have darshan of Lord Ayyappa. Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. 30. In **Suo Motu v. Travancore Devaswom Board [2022/KER/20737 : 2022 (7) KHC SN 5 : 2022 SCC OnLine Ker 2185]** this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In temples like Guruvayur, where queue regulation is managed by the temple authorities, the online system can also be managed by them. However, in Sabarimala, crowd management during festival seasons is a challenging task, which is regulated by the Kerala Police. Their presence is even necessary at ‘Pathinettampadi’ to render necessary assistance to the devotees, especially children, senior citizens and also persons with disabilities. 32 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 31. When the average footfall at Sabarimala reaches 80,000-90,000 pilgrims per day, 70 to 80 pilgrims will have to move through each barricade in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple, in a minute, in order to ensure that all the pilgrims have darshan of Lord Ayyappa when the Sanctum Sanctorum remains open. The guards and Police officers on duty at the Sopanam have to regulate the movement of pilgrims through the barricades, in an appropriate manner, causing least inconvenience to the pilgrims. 32. In the order dated 10.11.2022 in SSCR No.23 of 2022 this Court noticed the ‘Police Bundobust Scheme’ prepared to make arrangements for crowd management, to facilitate a safe, secure, smooth and hassle-free darshan for the pilgrims, to ensure the safety and security of the Holy Shrine, the premises and the devotees, including effective measures against extremism or terrorism, to effectively control traffic, to maintain law and order and prevent crime, to attend any kind of natural or man-made disasters during Mandala-Makaravilakku festival season of 1198 ME (2022-23), extending from 15.11.2022 to 20.01.2023. Paragraphs 5 to 9 of the report of the Assistant Inspector General of Police deal with Sabarimala Pilgrim Management System (SPMS) - Virtual-Q System, service 33 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 of other State Police officials, service of Rapid Action Force (RAF) of CRPF and National Disaster Response Force (NDRF), aerial surveillance by Navy and Air Force and implementation of Justice Hariharan Nair Commission Report. 33. In **Suo Motu v. Union of India and others [2022 (7) KHC 624]** - order dated 06.12.2022 in DBP No.75 of 2022 - this Court noticed that the Government, vide G.O.(P) No.72/2022/Home dated 19.10.2022 declared Sabarimala and its vicinity as a ‘Special Security Zone’ under Section 83(1) of the Kerala Police Act, 2011, in order to exercise the powers under Section 83(2) of the said Act, to ensure a safe, secure and hassle-free pilgrimage during Mandala-Makaravilakku festival season of 1198 ME (2022-23). 34. The petitioner in the writ petition, who is the additional 13[th] respondent in the SSCR, is the successful bidder for the Kuthaka item Vedivazhipadu in Sabarimala Devaswom for the year 1198 ME (2022-23). One Saji P.M. was originally holding LE-1 licence with Licence No.1463/LE-1 issued under the provisions of the Explosives Rules, 2008 to manufacture fireworks or gun powder or both, not exceeding 15 kg. at a time. The said licence, which was originally issued on 28.12.2013, a copy of which is placed on record as Ext.P2 in 34 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 the writ petition, was later transferred in the name of the petitioner contractor, vide Ext.P1 proceedings dated 21.02.2022 of the Additional District Magistrate, Thrissur, based on her application dated 03.12.2021. The licensed premises in Ext.P2 licence is situated in Survey No.1335/5 of Wadakanchery Village in Thrissur District. It is pursuant to Ext.P3 re-e-tender notification dated 18.10.2022 issued by the Devaswom Commissioner, the petitioner contractor was granted Kuthaka right for Vedivazhipadu in Sabarimala Devaswom, for the year 1198 ME (2022-23), as evidenced by Ext.P6 Kuthaka certificate dated 08.12.2022 issued by the Executive Officer, Sabarimala. The general conditions, which form part of tender notifications in Sabarimala Devaswom for Kuthaka items for the period from 11.11.2022 to 31.11.2023 is placed on record as Ext.P7. Clause (IV) of the special conditions, which forms part of Ext.P7 general conditions deals with the Kuthaka item Vedivazhipadu. The said clause reads thus; ## “IV. വവടട കകതക 1) മണ്ഡലപപൂജ, മകരവെടളകക, മമടവെടഷകു, മമാസപപൂജ മറക നടതകുറകകുന കമാലയളവെകുകളടൽ വെലടയ നടപ്പന്തലടനക സമമീപപ, വെലടയ നടപ്പന്തലടനകവറ റപൂഫടമനമാടക മചേർനക പമ്പയടമലകകുള വെൺവവെ മമാളടകപ്പകുറത്തക പമാനടൽ കമാണടചടരടകകുന സ്ഥലപ, ചേനനമാനനൻ മറമാഡകുപ ശരണമസതകുവെകുപ തമടൽ മയമാജടകകുന സ്ഥലപ, ശരപകകുത്തട, ശബരമീപമീഠപ, കരടമല എനടവെടടങ്ങളടൽ ഡടപ്പമാർടകുവമനകറടവല അധടകമാരമകുളള ഉമദദമാഗസ്ഥനമാർ നടർമദ്ദേശടകകുനതനകുസരടചക കകുത്തക ഏർവപ്പടകുത്തകുന ആൾ ടട വെഴടപമാടടനക പണപ ഹമാജരമാകകുനവെർകക വവെടട വെഴടപമാടക 35 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 നടത്തടവകമാടകുത്തകു വകമാമളണ്ടതമാണക. - 2) മണ്ഡലപ മകരവെടളകക കമാലത്തക ചേനനമാനനൻ മറമാഡകുപ ശരണമസതകുവെകുപ സനടകകുന സ്ഥലത്തടനകു തമാവഴയകുള ഭമാഗത്തകുപ മറക ദടവെസങ്ങളടൽ വെലടയ നട പന്തലടനകു പടറകകുവെശപ വകമാനപമായമാർഡടനക അസസൗകരദമമാകമാത്ത വെടധത്തടലകുപ വവെടടത്തറ സ്ഥമാപടമകണ്ടതമാണക. 3) വവെടട ഒനടനക 20 രപൂപ നടരകടൽ കപൂടകുതൽ മലലകമാരമനമാ ടടയമാനകവറ ആൾകമാമരമാ വെമാങ്ങകുവെമാൻ പമാടകുളളതല. ആയതടനകവറ നടരകകു വെടവെരപ നപദർശടപ്പടമകണ്ടതകുപ അതടനകു വെടപരമീതമമായട കപൂടകുതൽ തകുക ഈടമാകകുനപകപ ആയതക മദവെസസപ ഫണ് മലകക മകുതൽ കപൂടകുനതടനകുപ കകുത്തക റദ്ദേക വചേയകുനതടനകുപ ഡടപ്പമാർടകുവമനകറടനക അധടകമാരമകുണ്ടമായടരടകകുനതമാണക. 4) വവെടട വെഴടപമാടക നടത്തകുനതകുമപൂലപ അയപ്പൻമമാർകക യമാവതമാരകു അസസൗകരദവെകുപ ഉണ്ടമാകമാൻ പമാടടലമാത് കുപ ഏവതങടലകുപ തരത്തടൽ ഡടപ്പമാർടകുവമനകറടമനമാ അയപ്പൻമമാർമകമാ മറമാർവകങടലകുമമമാ അപകട നഷപ ഉണ്ടമാകകുനപകപ ഡടപ്പമാർടകുവമനകറക നടശ്ചയടകകുന നഷപ കകുത്തകകമാരൻ വകടട വെയ മാൻ ബമാദദസ്ഥനമാണക. 5) ശബരടമലയടൽ വവെടട വെഴടപമാടക നടത്തടപ്പടനമായട ഗൺപസൗഡർ ഫമാകകറടയകുവടയകുപ മസമാമറജടനകവറയകുപ ലലസൻസക മദവെസസപ കമമീഷണറകുവട മപരടലമായടരടകകുപ. കപൂടകുതലമായട മവെണ് വെരകുന ലലസൻസകുപ, വവെടടവെഴടപമാടക നടത്തകുനതടമലകകുളള LE-2 ലലസൻസകുപ കകുത്തകകമാരൻ സസന്തപ വചേലവെടൽ എടകുത്തടരടമകണ്ടതകുപ, എകകസകമപമാസമീവെക ആകകടമലയകുപ ചേടങ്ങളടമലയകുപ ലലസൻസടവല വെദവെസ്ഥകൾ അനകുസരടചക വവെടടമരകുനക ഉണ്ടമാകകുക, സപൂകടകകുക, നപമയമാഗടകകുക തകുടങ്ങടയ മജമാലടകൾ ശബരടമലയടൽ അതടമലകമായട നപമതദകപ സജമീകരടചടടകുളള വവെടടമരകുനകുശമാലയടൽ വെചകു മമാനതപ നടമത്തണ്ടതകുപ അലമാവതയകുള വകടടടമമമാ സ്ഥലമമമാ യമാവതമാരകു കമാരണവെശമാലകുപ ഉപമയമാഗടകമാൻ പമാടടലമാത് കുപ ഇന്തദൻ എകകസകമപമാസമീവെക ആകകടവലയകുപ എകകസകമപമാസമീവെക റപൂൾസടമലയകുപ വെദവെസ്ഥകൾ അമതപടട പമാലടകകുനതടനകുപ കകുത്തകകമാരൻ ബമാദദസ്ഥനമായടരടകകുനതകുപ ഏവതങടലകുപ വെദതദസസമമായട കണ്ടമാൽ കകുത്തക റദ്ദേക വചേയസകു മവെവറ ആളടവന ഏർവപ്പടകുത്തടമയമാ ഡടപ്പമാർടകവമനകറക ചേകുമതലയടമലമാ വവെടട വെഴടപമാടക നടത്തകുനതടനക ഡടപ്പമാർടകവമനകറടനക അധടകമാരമകുണ്ടമായടരടകകുനതകുപ അതടവന മചേമാദദപ വചേയകുനതടനക കകുത്തകകമാരനക അവെകമാശപ ഇലമാത് കുമമാകകുനകു. നപസസകുത ആകകടമലയകുപ റപൂൾസടമലയകുപ വെദവെസ്ഥകൾ അനകുസരടചക ഇതര നടപടടകൾകക കകുത്തകകമാരൻ ബമാദദസ്ഥനമാണക. ഡടപ്പമാർടകുവമനകറടൽ നടനകുപ നടമയമാഗടകകുന ഉമദദമാഗസ്ഥൻ ആവെശദവമനകു കണ്ടമാൽ വവെടടമരകുനകു മസമാകക മകുതലമായ കകുത്തകകമാരൻ വചേയസടടകുള എലമാ ഏർപ്പമാടകുകളകുപ പരടമശമാധടകകുനതടനകുപ സസമാതനന്തദപ ഉണ്ടമായടരടകകുനതകുപ അതടനകുമവെണ്ട സസൗകരദങ്ങൾ ഏർവപ്പടകുത്തടവകമാടകുകകുനതടനക കകുത്തകകമാരൻ ബമാദദസ്ഥനമായടരടകകുനതകുമമാണക. 6) കകുത്തക സപബനടചക ഗവെൺവമനകറടമലകക ഏവതങടലകുപ തരത്തടലകുള നടകകുതടകൾ വകമാടകുമകണ്ടതകുണ്ടമായടരകുനമാൽ 36 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 കകുത്തകകമാരൻ ടട നടകകുതട മനരടടക വകമാടകുകകുനതടനക ബമാദദസ്ഥനമാണക. 7) കകുത്തകകമാരൻ നടമയമാഗടകകുന വതമാഴടലമാളടകൾ വവെടടമരകുനകു നടർമടകമാനകുപ നപമയമാഗടകമാനകുപ നപമാവെമീണദവെകുപ പരടചേയവെകുപ സടദടചവെരമായടരടമകണ്ടതമാണക. ആയതക കൺമനടമാളർ ഓഫക എകകസകമപമാസമീവെടവന മബമാദദവപ്പടകുത്തമാൻ സനദനകുമമായടരടകണപ. 8) കകുത്തകകമാരൻ നടമയമാഗടകകുന വതമാഴടലമാളടകളകുവട മപരക, മമൽവെടലമാസപ എനടവെ മരഖവപ്പടകുത്തടയ ലടസകുപ, ഓമരമാ പമാസകമപമാർടക ലസസക മഫമാമടമായകുപ ശബരടമല മദവെസസപ എകകടകദപൂടമീവെക ആഫമീസവറ ഏൽപ്പടചക വതമാഴടലമാളടകൾകക ഐഡനകറടറട കമാർഡക സമ്പമാദടചകുവകമാമളണ്ടതമാണക. ഐഡനകറടറട കമാർഡക ഇലമാത്ത യമാവതമാരകു വതമാഴടലമാളടകൾകകുപ വവെടടമരകുനകുശമാലയ കുളടമലമാ പരടസരമത്തമാ നപമവെശനത്തടനക അധമീകമാരമടലമാത് മാണക. 9) കകുത്തകകമാരൻ സസന്തപ വചേലവെടൽ വതമാഴടലമാളടകവള ഇൻഷസർ വചേമയണ്ടതകുപ അവെരകുവട എലമാ വെടധത്തടലകുളള പപൂർണ ഉത്തരവെമാദടതസപ കകുത്തകകമാരനടൽ മമാനതപ നടകടപസമമായടരടകകുനതകുമമാണക. 10) പരസദവെദവെസ്ഥ നപകമാരപ 2021 നവെപബർ 30 നകപ മലലത്തകുക/വടനകറർ തകുക മകുഴകുവെനകുപ അടചകു തമീർമകണ്ടതകുപ അലമാത്തപകപ 01-12-2021 മകുതലകുള കമാലയളവെടൽ ഡടപ്പമാർടകുവമനകറക ചേകുമതലയടൽ കകുത്തക നടത്തകുനതടനകുപ അതടൽ വെചക ഡടപ്പമാർടകുവമനകറടമലകക നഷപ ഉണ്ടമാകകുനതമായമാൽ അതടമലകക വടനകറർകമാരൻ ഉത്തരവെമാദടയമായടരടകകുനതകുപ ലമാഭമകുണ്ടമായമാൽ ആയതടമലകക ടടയമാനക അവെകമാശപ ഇലമാത് കുമമാകകുനകു. 11) കകുത്തക തകുകയടൽ കകുത്തകകമാരൻ അടചകു കഴടഞക ബമാകട തകുകയ ക വസകദപൂരടറടയമായട ബമാങക ഗദമാരനകറട ഹമാജരമാമകണ്ടതമാണക. 12) ശബരടമല മകനതനട തകുറനടരടകകുമമ്പമാൾ മമാനതമമ വവെടട വെഴടപമാടക നടത്തകുവെമാൻ പമാടകുളകു. 13) വെനദജമീവെടകളകുവട സപരകണത്തടനക മകമാടപ വെരമാത്ത രമീതടയടൽ ശബപ കകുറഞ വവെടടകൾ മമാനതമമ വെയ കുവെമാൻ പമാടകുളപൂ. കതടനയകുവട വപമാകപ/ നമീളപ എകകസകമപമാസമീവെക നടയമങ്ങൾ നടഷഷർഷടകകുനതടൽ കപൂടമാൻ പമാടടല.” 35. The proceedings dated 21.11.2022 of the Additional District Magistrate, Thrissur granting LE-2 licence to the petitioner contractor to possess gun powder not exceeding 15 kg. at a time for manufacture of adirverttus and possession of 37 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 adirverttus not exceeding 200 in number at a time, along with a copy of Licence No.1654/LE-2 dated 21.11.2022 issued in Form LE-2, is placed on record as Ext.P9 in the writ petition, along with I.A.No.1 of 2023. The said licence is one issued in respect of the premises in Survey No.1335/5 of Wadakanchery Village in Thrissur District. The grant of the said licence is subject to the conditions stipulated therein. As per condition No.(14), all articles or substances of explosive or highly inflammable nature shall be kept at a safe distance from the explosives and from any room or part of a building or fire proof box containing the explosive, and no person entering such room or part of building or opening such safe shall have any iron or steel in his possession or attached to or on his boots or shoes. As per condition No.(22), the said manufacturing shed shall be situated at a distance of 18 meters from storage shed. As per condition No.(23), the area of firing of adirvettus shall maintain a distance of at least 45 meters from the place of storage shed, manufacturing shed and spectators or devotees. Where the confines of a street or temple precincts do not permit this distance to be observed readily in all directions from the spot where the adirvettus is fired, the person firing the adirvettus shall give prior warning to all persons within a distance of 45 38 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 metres that the adirvettus are to be fired and request them to remove themselves to a safe place for shelter. This warning should be conveyed orally as well as by placard in the vernacular language. The licensing authority shall not grant permission to fire adirvettus at a location where the above requirement cannot be complied. 36. On 12.01.2023, this Court noticed the submission made by the learned Senior Government Pleader, based on the report of the Special Officer, Fire and Rescue Services, Sannidhanam that the manufacturing/filling shed of the petitioner contractor at which explosion occurred on 02.01.2023 at 4.50 p.m. is at a distance of only 10 meters from the firing platform and a firewood stove, cooking vessels and provisions were found near to the said shed. The learned Senior Government Pleader brought to the notice of this Court the findings in the said report of the Special Officer, Fire and Rescue Services and also the findings in the Security Audit Report dated 09.01.2023 filed on behalf of the Director General, Fire and Rescue Services, which are against the petitioner contractor. Chapter A, paragraph 4 at page No.5 of the said Security Audit Report deals with Vedivazhipadu at Sabarimala Sannidhanam, which reads thus; 39 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 ## “4. വവടട വഴടപമട മകനനങൾ മമാളടകപ്പകുറത്തടനക സമമീപപ വവെടട വെഴടപമാടക മകനനത്തടൽ 02.01.2023 നക വവെടട മരകുനകുകൾകക തമീ പടടടകകുകയകുണ്ടമായട. തകുടർനക നടലവെടൽ ഇവെയകുവട നപവെർത്തനപ നടർത്തട വെചടരടകകുനതമായട കണ്ടകു. ലലസൻസക നടബനനകളകുവട. (LE2) നഗ്നമമായ ലപഘനപ ആണക കമാണവപ്പടതക. LE2 ലലസൻസട ആയ എകകടകദപൂടമീവെക ഓഫമീസർ വവെടട വെഴടപമാടക നടത്തകുനതടനകുള ചേകുമതല മവറമാരമാൾകക കരമാർ നൽകകുകയകുപ അനപകമാരപ കരമാർ എടകുത്ത ആൾ ആയതക മവറമാരമാൾകക മറടചക നലഷകുകയകുപ വചേയസതമായട മബമാധദവപ്പടകു. ഇനപകമാരപ കരമാർ നലഷകുനതടനക ലലസൻസടകക ഉള അധടകമാരപ പരടമശമാധടമകണ്ടതകുണ്ടക. വവെടട വെഴടപമാടക പകുനരമാരപഭടകകുനകുവവെങടൽ തമാവഴ പറയകുന സകുരകമാ മമാനദണ്ഡങ്ങൾ നടർബനമമായകുപ പമാലടചടരടകണപ > വവെടട വെഴടപമാടക മകനനങ്ങളടൽ ലലസൻസക നടബനന (LE2) നപകമാരപ ഉള സകുരകമാ മമാനദണ്ഡങ്ങൾ കർശനമമായട പമാലടകകുനകു എനക ലലസൻസട നടർബനമമായകുപ ഉറപ്പക വെരകുമത്തണ്ടതകുപ ആയതടൽ വെമീഴഴ വെരകുത്തകുന പകപ ഉണ്ടമാകകുന സകല കഷനഷങ്ങൾകകുപ ലലസൻസട പപൂർണമമായകുപ ഉത്തരവെമാദട ആയടരടമകണ്ടതകുമമാണക - വവെടട മരകുനക നടറയ കുന സ്ഥലവെകുപ, കതടന വപമാടടകകുന സ്ഥലവെകുപ തമടൽ ലലസൻസക മമാനദണ്ഡമനസരടചകുള ദപൂര പരടധട കകൃതദമമായട പമാലടകകുനകുവവെനക ലലസൻസട ഉറപ്പക വെരകുത്തണപ. - > പരടമശമാധനമാ മവെളയടൽ വവെടട വെഴടപമാടക മകനനത്തടനക സമമീപപ ഉപമയമാഗടചക വെലടവചറടഞ സടഗരറക കകുറടകൾ ധമാരമാളമമായട കമാണവപ്പടകു. ഒരകു കമാരണവെശമാലകുപ ഇതക അനകുവെദടകമാൻ പമാടകുളതല. പകുകവെലട നടമരമാധടത മമഖലയടൽ അത്തരപ നപവെർത്തടകൾ കകൃതദമമായട കവണ്ടത്തട നടയമപരമമായ നടപടടകൾ മപമാലമീസക ലകവകമാളണപ. - > വവെടട വെഴടപമാടക മകനനത്തടനക സമീപപ ഫയർ എകകസമീപഗദകുഷറകുകൾ, വവെളപ നടറച നഡമകുകൾ, ഫയർ ബകറകുകൾ എനടവെ സ്ഥമാപടകണപ. - > വവെടട വെഴടപമാടക മകനനത്തടനക സമമീപപ ഒരകു ലഹനഡനകറക മപമായടനകറക സ്ഥമാപടകണപ (അപകടത്തടനകവറ കപൂടട പശ്ചമാത്തലത്തടൽ)” 37. By a detailed order dated 19.01.2023, this Court stayed the operation of Ext.P9 proceedings dated 19.01.2023 of the Additional District Magistrate, Thrissur granting LE-2 licence bearing No.1654/LE-2 to the petitioner contractor. Consequently, the said licence was suspended with immediate effect and the Additional District Magistrate was directed to issue necessary proceedings in that regard, forthwith. In the 40 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 order dated 19.01.2023 this Court noticed that, though W.P. (C)No.33998 of 2022 filed by the petitioner contractor ended in dismissal by the judgment dated 26.10.2022, for the reasons stated therein, the Additional District Magistrate issued Ext.P9 proceedings dated 21.11.2022, wherein it is stated that there is a direction by this Court in the said judgment to consider the application for licence and grant licence to the petitioner contractor. 38. Pursuant to the direction contained in the order dated 19.01.2023, the Additional District Magistrate, Thrissur appeared in person, on 24.01.2023 at 2.15 p.m. and sought time to file an affidavit explaining the facts and circumstances. Sri.Reji P. Joseph, the Additional District Magistrate, who was personally present in Court 24.01.2023, could not offer any explanation whatsoever for his conduct in issuing Ext.P9 proceedings dated 21.11.2022 granting LE-2 licence to the petitioner contractor as if there is a direction to that effect in the judgment dated 26.10.2022 in W.P.(C)No.33998 of 2022. The learned Senior Government Pleader, on instructions, submitted that the District Magistrate, Pathanamthitta has already issued a show cause notice to the Executive Officer, 41 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Sabarimala, who is holding LE-2 licence at Sabarimala Sannidhanam. 39. Immediately after the explosion on 02.01.2023 at 4.50 p.m., the 4[th] respondent Executive Officer, Sabarimala issued a show cause notice to the petitioner contractor, which was followed by a stop memo dated 03.01.2023 and the entire activities in connection with Vedivazhipadu are suspended. The police have registered Crime No.2 of 2023 of Sannidhanam Police Station and the investigation is in progress. In the affidavit filed by the 4[th] respondent Executive Officer it is stated that the injured workers namely, Jayakumar, Rajeesh and Amal were immediately taken to the hospital at Sannidhanam. After giving first aid, they were shifted to Medical College, Kottayam. Two of the injured, namely, Jayakumar and Rajeesh succumbed to burn injuries, while undergoing treatment at Medical College. 40. The document marked as Annexure R4(a) along with the affidavit filed by the Executive Officer, Sabarimala is a copy of the no-objection certificate dated 31.10.2022 of the District Fire Officer, Fire and Rescue Services, Pathanamthitta for granting LE-2 licence to possess gun powder not exceeding 15 kg. at a time for manufacture of adirverttus and possession of adirverttus not exceeding 200 in number at a time, in respect of 42 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 firing platform No.1 near Valiyanadapanthal and firing platform No.2 near Malikappuram in Sabarimala Sannidhanam. The location plans of firing platform Nos.1 and 2 at Sabarimala Sannidhanam are form part of Annexure R4(a) no-objection certificate. Based on the said no-objection certificate, the District Magistrate, Pathanamthitta granted Annexure R4(b) LE2 licence bearing No.2/2016/111/LE-2/RNI dated 08.12.2022 to the Executive Officer, Sabarimala, which was valid up to 11.11.2025. Now, in view of the explosion that occurred on 02.01.2023 at 4.50 p.m., in the firing platform near Malikappuram, Annexure R4(b) LE-2 licence granted to the Executive Officer, Sabarimala has already been cancelled by the District Magistrate, Pathanamthitta, by the order dated 28.01.2023. 41. In the affidavit filed by the Executive Officer, Sabarimala it is stated that vide G.O.(Ms.)No.97/86/FE&WL dated 22.10.1986, the State of Kerala granted permission to the Travancore Devaswom Board to use 2.62 hectares of land in Sabarimala for storage of gun powder in connection with Vedivazhipadu in Sabarimala Sree Dharma Sastha Temple. The right to conduct Vedivazhipadu in Sabarimala is being auctioned every year. In the affidavit the Executive Officer has pointed out 43 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 the order of a Division Bench of this Court dated 10.11.1992 in C.M.P.No.25703 of 1992 in O.P.No.3821 of 1990, whereby the Travancore Devaswom Board was permitted to invite tenders, in anticipation of licence on receipt of no-objection certificates from the Deputy Chief Controller of Explosives, Madras and the Controller of Explosives, Cochin, for conducting Vedivazhipadu in Sabarimala Temple. In the said order it was made clear that acceptance of tender will only be provisional and subject to the compliance of the safety conditions that will be imposed by the Deputy Chief Controller of Explosives, Madras, who was directed to conduct inspection and assure that proper safety measures are taken in the matter. 42. In connection with Vedivazhipadu in Sabarimala, in addition to Annexure R4(b) LE-2 licence issued to the Executive Officer, Sabarimala, the Devaswom Commissioner has been issued with an LE-3 licence for gun powder factory and storage in 2.62 hectares of land covered by the Government Order dated 22.10.1986. As per sub-clause (5) of Clause (IV) of the special conditions, which forms part of Ext.P7 general conditions deals with the Kuthaka item Vedivazhipadu, the Kuthaka holder is required to have LE-2 licence for conducting Vedivazhipadu at Sabarimala, who has to comply with the requirements of the 44 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Explosives Act, the Explosives Rules and also the conditions in the licence and the storage of gun powder, the manufacture of adirverttus, storage and bursting shall be done only the places specifically set up for that purpose. As per sub-clause (7), the workers employed by the Vedivazhipadu contractor shall have sufficient experience in filling and bursting adirverttus. 43. In the affidavit filed by the 4[th] respondent Executive Officer, Sabarimala it is stated that Vedivazhipadu in Sabarimala is an age-old custom, in which lakhs of pilgrims have great faith. The said Vazhipadu is being conducted from time immemorial. Vedivazhipadu is conducted only when ‘Thirunada’ is open. Since Sabarimala Temple is situated in dense forest, the sound of Vedivazhipadu will keep wild animals away from the temple premises. In the affidavit, the Executive Officer has also pointed out the order of a Division Bench of this Court dated 04.11.1992 in C.M.P.No.25703 of 1992 in O.P.No.3821 of 1990 wherein it was observed that the endeavour of the authorities is to see that the age-old custom is not in any way thwarted or otherwise stopped. In the said order, it was made clear that it is open to the authorities to insist that all possible and necessary precautions are taken to assure the best safety to the conduct of Vedivazhipadu. The said order was followed by 45 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 the order dated 10.11.1992 referred to hereinbefore, whereby the Board was permitted to invite tenders for Vedivazhipadu for the year 1992, in anticipation of issuance of licence under the Explosives Rules. The Secretary of the Travancore Devaswom Board has also sworn to an affidavit dated 10.01.2023 on behalf of the Board, raising similar contentions. 44. Annexure R4(b) LE-2 licence issued to the Executive Officer in Form LE-2 to possess gun powder not exceeding 15 kg. at a time for manufacture of adirverttus and possession of adirverttus not exceeding 200 in number at a time, in connection with Vedivazhipadu in Sabarimala Sannidhanam, at firing platform No.1 on the east side of Valiyanadapanthal and firing platform No.2 at Malikappuram, as per the location plans which form part of Annexure R4(a) no-objection certificate issued by the District Fire Officer, Fire and Rescue Services are subject to the specific conditions stipulated in that licence issued in Form LE-2. As already noticed hereinbefore, as per condition No.(14), all articles or substances of explosive or highly inflammable nature shall be kept at a safe distance from the explosives and from any room or part of a building or fire proof box containing the explosive, and no person entering such room or part of building or opening such safe shall have any 46 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 iron or steel in his possession or attached to or on his boots or shoes. As per condition No.(22), the said manufacturing shed shall be situated at a distance of 18 meters from storage shed. As per condition No.(23), the area of firing of adirvettus shall maintain a distance of at least 45 meters from the place of storage shed, manufacturing shed and spectators or devotees. Where the confines of a street or temple precincts do not permit this distance to be observed readily in all directions from the spot where the adirvettus is fired, the person firing the adirvettus shall give prior warning to all persons within a distance of 45 metres that the adirvettus are to be fired and request them to remove themselves to a safe place for shelter. This warning should be conveyed orally as well as by placard in the vernacular language. The licensing authority shall not grant permission to fire adirvettus at a location where the above requirement cannot be complied. 45. During the course of arguments, on a specific query made by this Court, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader would submit that the Executive Officer, Sabarimala has not been issued with LE-2 licence for the purpose of conducting Vedivazhipadu at Sabari Peedam (where 47 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 the Chadranandan Road and Sarana Sethu meet), Saramkuthi and Karimala. It is not in serious dispute that no LE-2 licence can be issued for the purpose of conducting Vedivazhipadu at Sabari Peedam, Saramkuthi and Karimala, in view of the aforesaid prohibition contained in condition No.22 of the licence in Form LE-2. The observation made by the Division Bench of this Court in the order dated 04.11.1992 in C.M.P.No.25703 of 1992 in O.P.No.3821 of 1990 or the direction contained in the order dated 10.11.1992 in that C.M.P. will not enable the Travancore Devaswom Board to conduct Vedivazhipadu at Sabari Peedam, Saramkuthi and Karimala, flouting the prohibition contained in condition No.22 of the licence in Form - LE 2. When the above places are not covered by Annexure R4(a) no-objection certificate issued by the District Fire Officer, Fire and Rescue Services, Pathanamthitta and also Annexure R4(b) LE-2 licence granted to the Executive Officer, Sabarimala, the Devaswom Commissioner ought not to have included those places for Vedivazhipadu in Clause (IV) of the special conditions, which forms part of Ext.P7 general conditions for Kuthaka items in Sabarimala Devaswom for the year 1198 ME (2022-23). At any rate, the District Magistrate, Pathanamthitta or the Controller of Explosives cannot be directed to permit 48 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Vedivazhipadu at Sabari Peedam, Saramkuthi and Karimala, flouting the prohibition contained in condition No.22 of the licence in Form LE-2, since no mandamus can be issued directing an authority to do something which is contrary to the statutory provisions [See : **Bhaskara Rao A.B. v. CBI [(2011) 10 SCC 259]** . 46. The Kuthaka holder of Vedivazhipadu, who is arrayed as the additional 13[th] respondent in the SSCR has filed an affidavit dated 10.01.2023 wherein it is stated that on the strength of Ext.P6 Kuthaka certificate dated 08.12.2022 issued by the Executive Officer, Sabarimala, Vedivazhipadu was being conducted in the firing platform near Valiyanadapanthal and that at Malikappuram, which were approved by the District Fire Officer and the Additional District Magistrate. The incident that happened on 02.01.2023, in which three persons sustained burn injuries, occurred when the gun powder kept in the basin for filling adirverttus caught fire. According to the Kuthaka holder, the accident was not due to any negligence on her side or that of the workers. Due to the stop memo issued by the Executive Officer, she is put to irreparable loss. She is ready to comply with all the conditions required for conducting Vedivazhipadu, observing all statutory precautions and safety 49 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 measures stipulated by the statutory authorities. The averments in the affidavit filed by the Kuthaka holder would show that Vedivazhipadu at Sannidhanam was being conducted through the special power of attorney given to her husband Suresh P.K. In the affidavit dated 04.02.2023 filed by the District Magistrate, Pathanamthitta, it is stated that the Additional District Magistrate, Sabarimala, who conducted an inquiry on 02.01.2023 submitted a report, wherein it is stated that the manufacturing shed was situated only 10 meters away from the firing platform and a stove and cooking arrangements were also seen near the firing place. The District Magistrate has already cancelled the LE-2 licence issued to the Executive Officer, Sabarimala, vide order dated 28.01.2023. In terms of the order dated 19.01.2023, this Court stayed the operation of Ext.P9 proceedings dated 21.11.2022 of the Additional District Magistrate, Thrissur and consequently, the LE-2 licence granted to the Kuthaka holder, who is the petitioner in the writ petition, was suspended with immediate effect. Based on that order, the Additional District Magistrate, Thrissur has issued necessary proceedings. For the reasons stated in the said order dated 19.01.2023, Ext.P9 proceedings dated 21.11.2022 of the Additional District Magistrate, Thrissur cannot be sustained in 50 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 law and therefore, the said proceedings and also the LE-2 licence granted to the Kuthaka holder are set aside. It is made clear that this order/judgment will not stand in the way of the Kuthaka holder in submitting application for LE-2 licence before the appropriate authority for the purpose of conducting Vedivazhipadu at Sabarimala Sannidhanam, on the strength of valid LE-2 licence issued to the Executive Officer, Sabarimala. While considering such application, the appropriate authority shall consider the question as to whether a Kuthaka holder in Sabarimala Devaswom, who is granted an LE-2 licence, can conduct Vedivazhipadu through a power of attorney holder. 47. In the order dated 03.01.2023, this Court noticed the submission made by the learned Senior Government Pleader that the investigation in Crime No.2 of 2023 of Sannidhanam Police Station registered in connection with the explosion on 02.01.2023 in the manufacturing/filling shed of the Kuthaka holder at Malikappuram. The Special Commissioner, Sabarimala shall file a fresh report before this Court, once the investigation in that crime is completed by the police, producing therewith a copy of the final report. 48. On 10.01.2023, along with a memo dated 09.01.2023 of the learned Senior Government Pleader, Fire 51 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 Audit Report No.FIREHQ/18/2023-F3 dated 09.01.2023 filed on behalf of the Director General, Kerala Fire and Rescue Services Department, was placed on record. The Special Commissioner, Sabarimala is directed to file a fresh report before this Court, along with a copy of the Fire Audit Report dated 09.01.2023 on various aspects pointed out by the Director General, Kerala Fire and Rescue Services Department. It is for the Travancore Devaswom Board to take remedial measures, taking note of the observations contained in the Fire Audit Report. In the above circumstances, W.P.(C)No.42890 of 2022 filed by the Kuthaka holder of Vedivazhipadu in Sabarimala Devaswom fails for the reasons stated hereinbefore at paragraphs 44 and 45 and the same is accordingly, dismissed, however subject to the directions contained hereinbefore at paragraph 46 and SSCR is disposed of in terms of the directions contained hereinbefore at paragraphs 47 and 48. **ANIL K. NARENDRAN, JUDGE** ## **Sd/P.G. AJITHKUMAR, JUDGE** **yd** 52 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 ## **APPENDIX OF SSCR 1/2023** ## **2ND RESPONDENT ANNEXURES** **Annexure-R2(a) True copy of the NOC issued by the District Fire Officer, Fire and Rescue Services, Pathanamthitta dated 31.10.2022 Annexure-R2(b) True copy of the notice dated 02.01.2023 issued by 4th respondent to the contractor** ## **4TH RESPONDENT ANNEXURES** - **Annexure-R4(a) No Objection Certificate issued by the District Fire Officer, Fire and Rescue Services, Pathanamthitta dated 31.10.2022 to the Executive Officer, Sabarimala Devaswom along with enclosures** - **Annexure-R4(b) True copy of the LE-2 license dated 08.12.2022 issued to the Executive Officer, Sabarimala by the District Collector and District Magistrate, Pathanamthitta** - **Annexure-R4(c) True copy of the relevant portion of the tender notification published vide R.O.C. 53/22/Sab dated 10.08.2022 issued by the Executive Officer, Sabarimala Devaswom** - **Annexure-R4(d) True copy of the notice dated 02.01.2023 issued by Executive Officer, Sabarimala Devaswom to the petitioner (Sheena M.S.)** - **Annexure-R4(e) True copy of the explanation dated 04.01.2023 submitted by the petitioner (Sheena M.S.) before the Executive Officer, Sabarimala Devaswom** 53 W.P.(C)No.42890 of 2022 & SSCR No.1 of 2023 ## **APPENDIX OF WP(C) 42890/2022** - **PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED, 21-22022 OF THE 3RD RESPONDENT** - **Exhibit P2 TRUE COPY OF THE LE-1 LICENCE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED, 28-12-2013** - **Exhibit P3 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE FIRST RESPONDENT DATED, 18-102022 FOR RE-TENDER** - **Exhibit P4 TRUE COPY OF HTE CHALAN ISSUED BY THE 2ND RESPONDENT DATED, 24-11-2022** - **Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED, 16-11-2022** - **Exhibit P6 TRUE COPY OF THE KUTHAKA CERTIFICATE DATED, 8-12-2022 ISSUED BY THE 1ST RESPONDENT** - **Exhibit P7 A TRUE COPY OF THE GENERAL CONDITIONS OF TENDERS FOR THE PILGRIM YEAR 2022-23 OF SABARIMALA DEVASWOM** - **Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED, 12-12-2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT** - **Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT MAGISTRATE, THRISSUR DATED, 21-11-2022**