Rajesh P.R vs Secretary

Anil K. Narendran, J.

The petitioner, who had participated in the tender process, in respect of Kuthaka Item No.168 (Hotel No.1 - Pamba), pursuant to a tender notification dated 24.08.2023 issued by the 3rd respondent Executive Officer, Sabarimala Devaswom, during the Mandala-Makaravilakku festival season of 1199 ME (2023-24), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 letter dated 09.11.2023 of the 1st respondent Secretary, Travancore Devaswom Board, whereby the Kuthaka right in favour of the petitioner stands cancelled and he is directed to vacate the space, in order to construct a bus waiting shed in that space for Sabarimala pilgrims. By the said order the 2nd respondent Devaswom Commissioner has been authorised to return the entire money paid by the petitioner. The petitioner has also sought for a writ of mandamus commanding respondents 2 and 3 to consider Exts.P4 and P5 representations dated 14.11.2023 and till such period to keep in abeyance further proceedings pursuant to Ext.P3. After the issuance of Ext.P3 letter of the 1st respondent Board, the petitioner submitted Exts.P4 and P5 representations dated 14.11.2023 before the 2nd respondent Devaswom Commissioner and the 3rd respondent Executive Officer.

On 17.11.2023, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board pointed out the order of this Court dated 10.11.2023 in SSCR No.35 of 2023 filed by the Special Commissioner, Sabarimala.

Heard the learned counsel for the petitioner and the learned Standing Counsel for Travancore Devaswom Board, for the respondents.

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 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.

The Special Commissioner, Sabarimala has filed SSCR No.35 of 2023 regarding the necessity of constructing a waiting shed for pilgrims for boarding KSRTC buses at Pamba-Thriveni, with a further direction to the 1st respondent Board to stop the construction of Hotel No.1 (Kuthaka Item No.168) at Pamba-Thriveni, in view of the report of the District Police Chief, Pathanamthitta.

On 08.11.2023, when SSCR No.35 of 2023 came up for consideration, the learned Standing Counsel for Travancore Devaswom Board was directed to furnish the details of the Kuthaka holder in respect of Hotel No.1 (Kuthaka Item No.168) at Pamba-Thriveni along with a memo. On 10.11.2023, the learned Standing Counsel submitted that in SSCR No.35 of 2023 the Board has already taken a decision to cancel the auction in respect of Hotel No.1 (Kuthaka Item No.168) at Pamba-Thriveni and authorised the Chief Engineer to take necessary steps to put up waiting sheds for pilgrims for boarding Pamba-Nilakkal KSRTC buses. A copy of letter ROC No.4/2023/SAB dated 09.11.2023 of the 1st respondent Board, addressed to the 2nd respondent Devaswom Commissioner, referred to in the order of this Court dated 10.11.2023 is marked as Ext.P3 in this writ petition. By the order dated 10.11.2023, the SSCR was closed in view of the decision taken by the 1st respondent Board to put up waiting sheds for pilgrims for boarding Pamba-Nilakkal KSRTC buses at Pamba-Thriveni junction.

Today, when this writ petition came up for consideration, we have perused the Judges’ papers in SSCR No.35 of 2023. Paragraphs 1 to 3 of that report read thus;

“It is submitted that the pilgrims returning from Sabarimala after having darshan board KSRTC buses at Pamba Thriveni Junction. There are no waiting sheds at this location to accommodate thousands of pilgrims who await to board the KSRTC buses, as a result of which pilgrims including women and children gather in a haphazard manner which results in heavy rush and push and pull to board KSRTC buses as and when they arrive at boarding point. Often only when a large number of pilgrims accumulate at the bus boarding point the KSRTC buses arrive at the location and in the resulting rush to board the buses, pilgrims sustain great hardship and injuries. It is a vantage point for pilgrims to board the buses and a waiting shed is highly necessary at the location for regulating the pilgrims and in the perspective of crowd management.

The District Police, Pathanamthitta has submitted a report dated 06-11-2023 stating that though the necessity of constructing a waiting shed to board KSRTC buses to the pilgrims at Thriveni Junction was pointed out in the meeting of the Devaswom Minister, instead of heeding to the said request now the construction of hotel No.1 at Pamba, (tender/kuthaka No.168) is progressing in the location. The said area forms part of the leased/diverted forest land coming within the Reserve Forest of Ranni Forest Division. During the previous festival season due to the presence of this hotel at the vantage point of the bus boarding location for the pilgrims during peak hours there arose law and order issues and wordy altercations between the bidder of the hotel and the pilgrims. If a waiting shed for pilgrims to board buses is not constructed at Thriveni Junction and instead of that a hotel starts functioning there, the pilgrims who are waiting for buses would suffer great hardships.

It needs to be noticed that commercial interest should not be given precedence to the convenience of the pilgrims. It is the Sabarimala pilgrims who bring offerings including kanikka as revenue to the Travancore Devaswom Board and the Board is duty bound to provide basic amenities and facilities to the pilgrims.”

Having considered the pleadings and materials on record and the submissions made at the Bar, we notice that the Special Commissioner, Sabarimala filed SSCR No.35 of 2023 before this Court in view of the report dated 06.11.2023 of the District Police Chief, Pathanamthitta pointing out the necessity of constructing a waiting shed for the pilgrims to board KSRTC buses at Pamba-Thriveni junction. During Mandala-Makaravilakku festival season of 1198 ME (2022-23), due to the presence of the hotel at the vantage point of the bus boarding location at Pamba-Thriveni junction there arose law and order issues and wordy altercations between the Kuthaka holder of the hotel and pilgrims. Crowd management in Nilakkal, Pamba and Sannidhanam during Mandala-Makaravilakku festival season is under the control of the Police and during the previous season as well as in the current season, this Court has issued various orders in order to ensure that the pilgrims are having safe and comfortable pilgrimage during the festival season. The decision taken by the 1st respondent Travancore Devaswom Board, as evidenced by Ext.P3 letter dated 09.11.2023 is one taken based on the facts pointed out in the report of the District Police Chief, Pathanamthitta that the absence of waiting sheds in the boarding point of KSRTC buses at Pamba-Thriveni is causing threat to the safety of Sabarimala pilgrims, including women and children. In Ext.P3 letter the 2nd respondent Devaswom Commissioner has already been authorised to return the entire money paid by the petitioner for that Kuthaka item.

In such circumstances, we find no reason to interfere with Ext.P3 letter dated 09.11.2023 of the 1st respondent Board whereby the grant of Kuthaka item in question stands cancelled and the petitioner was directed to vacate the space.

The writ petition fails and the same is accordingly dismissed.