Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH FRIDAY, THE 22ND DAY OF DECEMBER 2023/1ST POUSHA, 1945 WP(C) NO. 38859 OF 2023 PETITIONER/S: MURUKAN, AGED 51 YEARS S/O. MUTHAYYA CHETTIYAR VELLAPANDY STREET SEELAYAMPETTY THENY TAMIL NADU, PIN - 625515 BY ADVS. T.K.BIJU (MANJINIKARA) ANNIE M.ABRAHAM KURIEN BIJU RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT REVENUE(DEVASWOM)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THE DISTRICT COLLECTOR PATHANAMTHITTA COLLECTORATE, PATHANAMTHITTA P.O, PATHANAMTHITTA., PIN - 689645 3 THE STATION HOUSE OFFICER PAMPA POLICE STATION, THRIVENI-PAMPA PATHANAMTHITTA DISTRICT, KERALA., PIN - 689662 4 THE DISRICT POLICE CHIEF OFFICE OF THE DISRICT POLICE CHIEF PATHANAMTHITTA P.O.PATHANAMTHITTA DISTRICT, PIN - 689645 5 THE TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS ,NANTHANCODE ,THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY ,, PIN - 695003
6 THE EXECUTIVE OFFICER SABARIMALA, TRAVANCORE DEVASWOM BOARD, SABARIMALA, PATHANAMTHITTA., PIN - 689662 7 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 8 RAHUL, AGED 28 YEARS MANASA NAGAR MNRA. KARAMANA P.O THIRUVANANTHAPURAM, RUNNING KUTHAKA STALL NO.155 &140, WESTERN SIDE OF CARDIOLOGY CENTRE, APPACHIMEDU, SABARIMALA., PIN - 695002 9 GOKUL, AGED 25 YEARS MANASA NAGAR, MNRA, KARAMANA P.O,THIRUVANANTHAPURAM- RUNNING KUTHAKA STALL NO.149 &150, OPPOSITE SIDE OF CARDIOLOGY CENTRE, APPACHIMEDU, SABARIMALA, PIN - 695002 10 SASIKUMAR, AGED 62 YEARS KADATHU VEEDU, PATTARKAVU , MUNDAKKAYAM. P.O, KOTTAYAM DISTRICT., PIN - 686513 11 ASHRAF, AGED 60 YEARS ALAMKARATHU VEEDU, KULASEKHARAPATHY, PATHANAMTHITTA., PIN - 689645 12 SHEFEEK, AGED 46 YEARS MANASIL RASIKKIN PUNNALA P.O, PUNALUR, KOLLAM DISTRICT., PIN - 691305 13 ADDL.R13.NIZAR A S/O SUHARA BEEVI, KALLUNKAL, KARUVATTA NORTH, ALAPPUZHA, KERALA , PIN - 690517 14 ADDL.R14.AJISH BHANU S/O UDAYABHANU M K, MALATHARAYIL, SEETHATHODU P. O, CHITTAR - SEETHATHODU, SEETHATHODE, PATHANAMTHITTA, KERALA , PIN-689667 15 ADDL.R15.SUMESH KUMAR R S/O P RAVINDRAN NAIR, SIVAN PARAMBIL, VATTAKKINAR WARD, ALAPPUZHA H.O, ALAPPUZHA, PIN-688001 16 ADDL.R16.RAJESH P R S/O RAJAN P N, PLACKATTU HOUSE, KUMBAZHA P O, PATHANAMTHITTA , PIN-689653 17 ADDL.R17.GIJU P VIJAYAN S/O VIJAYAN PILLAI, RESIDING AT PANNIKYA MANNIL, RANNI- PERUNADU, PATHANAMTHITTA , PIN - 689711 * ARE IMPLEADED AS PER ORDER DATED 11.12.2023 IN
I.A.2/2023. BY ADVS. Sujin S MANU GOVIND OTHER PRESENT: SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI G BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD; SRI N.N SUGUNAPALAN (SR), ADV S.SUJIN - FOR R8, R9 AND R11 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the Kuthaka holder in respect of Kuthaka item 84A in Ext.P1 list of Kuthaka items in Sabarimala Devaswom for the year 1199 ME (from 11.11.2023 till 31.10.2024), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Station House Officer, Pamba Police Station and the 6th respondent Executive Officer, Sabarimala to consider Ext.P5 representation dated 15.11.2023, Ext.P6 representation dated 14.11.2023 and Ext.P7 representation dated 16.11.2023 and pass appropriate orders thereon, without any delay. The petitioner has also sought for a writ of mandamus commanding the 5th respondent Travancore Devaswom Board and the Police to take action against those who are involved in illegal and unauthorised procurement of fruits and other items mentioned in Kuthaka items 84A and 84B in Ext.P1 list of Kuthaka items.
2. Going by the averments in the writ petition, pursuant to
the e-tender notification dated 23.08.2023 issued by the 6th respondent Executive Officer, Sabarimala, the petitioner participated in the e-tender process and became the successful bidder in respect of Kuthaka item 84A in Ext.P1 list of Kuthaka items, for a sum of Rs.62,36,236/- plus 18% GST. The petitioner remitted an amount of Rs.32,31,583/- on 25.09.2023 and a further sum of Rs.22,00,000/- on 01.11.2023. In terms of the e-tender notification, fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B, intended for supply to Kuthaka holders of hotels, light refreshment stalls, etc. at Pamba and Sannidhanam have to be stocked for supply in the earmarked space provided in Clause XV of the special conditions, which forms part of the e-tender notification issued by the 6th respondent Executive Officer, Sabarimala. A permit from the 6th respondent Executive Officer is required for transporting such items to the earmarked space, in view of sub- clause (8) of Clause XV. The grievance of the petitioner is that respondents 8 to 12, who are Kuthaka holders in Sabarimala Devaswom for the year 1199 ME, who are conducting hotels and stalls are illegally procuring fruits and other items included in Kuthaka items 84A and 84B, unauthorisedly. Such Kuthaka holders are procuring fruits, soft drinks, etc., from unauthorisedly sellers. Pointing out the said grievance, the petitioner submitted Exts.P5 to P7 representations before respondents 3 and 6.
3. On 22.11.2023, when this writ petition came up for
admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 4. The learned Standing Counsel for Travancore Devaswom Board for respondents 5 to 7. Notice on admission by special messenger was ordered to respondents 8 to 12, returnable by 24.11.2023. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions, with specific reference to the incident pointed out in Ext.P5 representation made by the petitioner before the 3rd respondent Station House Officer, Pamba Police Station.
4. By the order dated 22.11.2023, the 2nd respondent
District Collector, Pathanamthitta, the 4th respondent District Police Chief, Pathanamthitta and the 3rd respondent Station House Officer, Pamba Police Station were directed to take necessary steps to ensure that there is no supply of items covered by Kuthaka items 84A and 84B in Ext.P1 list of Kuthaka items in the e-tender notification dated 07.08.2023, by unauthorised traders, to the Kuthaka holders, who are conducting hotels, light refreshment stalls, etc., at Sannidhanam, Pamba and Nilakkal. In the said order, it was made clear that no goods vehicles, without proper pass issued by the 6th respondent Executive Officer, Sabarimala, shall be permitted entry from Nilakkal.
5. Respondents 8, 9 and 11 have filed I.A.No.1 of 2023,
producing therewith Exts.R11(a) to R11(c) documents, seeking modification of the order of this Court dated 22.11.2023 to the effect that the said order will not prevent the said respondents, who are Kuthaka holders, to bring Kuthaka items from outside to their stalls. Respondents 8, 9 and 11 have filed a counter affidavit dated 11.12.2023, opposing the reliefs sought for in this writ petition, producing therewith Exts.R11(d) to R11(i) documents, which are the certificates issued to the said respondents, by the 6th respondent Executive Officer, Sabarimala, in respect of Kuthaka items 140, 150, 155, 149, 151 and 141 respectively.
6. By the order dated 11.12.2023 in I.A.No.2 of 2023,
additional respondents 13 to 17, who are the Kuthaka holders in respect of Kuthaka items 19, 51, 17 and 34 were impleaded and the certificates issued by the 6th respondent Executive Officer were placed on record as Ext.R13(a) and R17(a) to (c). Along with I.A.No.5 of 2023, additional respondents 13, 15 and 17 have placed on record Exts.R14(a) to R14(e) documents. Along with I.A.No.7 of 2023, the additional 13th respondent has placed on record Exts.R13(a) and R13(b) documents. The 3rd respondent Station House Officer has filed a counter affidavit dated 05.12.2023, wherein it is stated that on 22.11.2023, the 9th respondent - Gokul brought a vehicle carrying fruits without proper pass issued by the 6th respondent Executive Officer, Sabarimala. Upon complaint from the petitioner, the said vehicle was sent back without unloading the fruits.
7. Heard the learned counsel for the petitioner, the learned
Senior Government Pleader for respondents 1 to 4, the learned Standing Counsel for Travancore Devaswom Board for respondents 5 to 7, the learned counsel for respondents 8, 9 and 11 and the learned counsel for additional respondents 13 to 17.
8. 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.
9. 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.
10. 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 ceremonies and of the festivals in Sabarimala according to the usage.
11. 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 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.
12. Section 83 of the Kerala Police Act, 2011 deals with
Special Security Zones. As per sub-section (1) of Section 83, the Government may, on the recommendation of the State Police Chief or otherwise by reason of high-security threats faced by any distinguished or protected person present in an area or any important institution or premises situated therein, notify such area as a Special Security Zone. As per sub-section (2) of Section 83, the Government may direct in areas so notified under sub-section
(1) reasonable restrictions with respect to the use of building
premises and vehicles and in respect of the movement of persons, vehicles and objects and police officers may issue, to all concerned, such directions as are necessary for the compliance of such restrictions.
13. Sabarimala is declared a Special Security Zone. 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 sub-section (1) of Section 83 of the Kerala Police Act, 2011, in order to exercise the powers under sub-section (2) of Section 83 of the said Act, to ensure a safe, secure and hassle-free pilgrimage during Mandala Makaravilakku festival season of 1198 ME (2022- 23). Similar notifications are being issued during Mandala Makaravilakku festival seasons. The management of the Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5 : 2022:KER;20733].
14. The inclusion of Kuthaka items 84A and 84B in Ext.P1
list of Kuthaka items was the subject matter of challenge in W.P.(C) Nos.29371 of 2023 and 29762 of 2023 filed by additional respondents 16 and 17 along with another. That writ petition was disposed of by Ext.P4 judgment dated 12.09.2022. Paragraphs 6 to 11 and 28 to 34 and also the last paragraph of the judgment reads thus:
“6. The issue that requires consideration in these writ petitions is as to whether any interference is warranted on the e-tender notification dated 23.08.2023 issued by the Executive Officer, Sabarimala, to the extent it includes Kuthaka items 84A and 84B in the list of Kuthaka items in Sabarimala, Pamba and Nilakkal Devaswoms for the year 1199 ME (2023-24), during Mandala Makaravilakku festival season for the period from 11.11.2023 till 31.10.2024.
7. The list of Kuthaka items, which forms part of the e-tender
notification dated 23.08.2023, includes hotels, light refreshment stalls, a stall for selling packed food, fruit stalls and fruit and juice stalls. According to the petitioners, they cannot be forced to procure fruits, soft drinks, etc., falling under Kuthaka items 84A and 84B from the Kuthaka holders under those items.
8. The specific stand taken in the counter affidavits filed on
behalf of the Travancore Devaswom Board in both the writ petitions is that Kuthaka items 84A and 84B are introduced during Mandala Makaravilakku festival season of 1199 ME onwards, since the Vigilance Wing of the Board, on inspection during Mandala Makaravilakku festival season of 1198 ME, found that certain persons have unauthorisedly transported and stocked fruits, vegetables and bottle drinks in Pamba Devaswom premises and supplied those items to the Kuthaka holders, without any permission or licence from the Travancore Devaswom Board. The report of the Chief Vigilance and Security Officer is placed on record as Ext.R3(a), in which he has made a recommendation to include the supply of the above items as Kuthaka items from the year 1199 ME onwards to stop the unauthorised supply of fruits, vegetables, soft drinks, etc. In the counter affidavit, it is stated that the vehicles carrying the load of unauthorised suppliers cannot be permitted to enter into the land leased out to the Travancore Devaswom Board at Nilakkal and Pamba for providing pilgrim facilities. Clause XV of the special conditions, which forms part of the tender conditions in the e-tender notification dated 23.08.2023, provides for an earmarked space for stocking and supplying fruits, soft drinks, etc., under Kuthaka items 84A and 84B. As per the sub-clause (8) of Clause XV, a permit from the Executive Officer, Sabarimala is required for transporting fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B to the earmarked space provided under Clause XV.
9. Kuthaka items 84A and 84B in the list of Kuthaka items in
Sabarimala, Pamba and Nilakkal Devaswoms for the year 1199 ME are extracted hereunder; പ്ᩘാ ഐ്റം എ) ഗണപതിക ാവിൽ, പ്ᩘാമണൽ്ᩔുറം, ഹിൽക ാ്ᩔ് 84 New പഴവർ്ᨮ്ങൾ സംഭരി്ച് വിതരണം എ 50,00,000 5,00,000 എ ചെ്യു്ᩐതിനു്ള അവ ാശം ശബരിമല,പ്മ എ്രിവിട്ങളിൽ ഡി്ᩔാർ്ᨾ്മമന്റിൽ നി്ര് കു്ᩈക ലലല്ᩈിലൂമട അനുവദി്ച് നൽകു്ര ല ാ്ᨾലുകൾ, ്ഹാളുകൾ, ലഘുഭ്ഷണശാലകൾ എ്രിവിട്ങളിൽ വിൽ്ᩔനᩄക് ആവശയമായ പഴവർ്ഗ്ങൾ (ഏ്ᩈ്ᩔഴം, മെറുപഴ്ങൾ, ത്ᩆിമ്ᩈൻ, മമാസാ്മി, ഓറ്ᨸ്, കുകു്മർ, കയാര്റ്, മെറുനാര്ങ എ്രിവ മാത്തം) ഡി്ᩔാർ്ᨾ്മമന്റിൽ നി്ായി്ച് അനുവദി്ച് നൽകു്ര ്ഽല്ᩈ് സംഭരി്ച് വിതരണം മെ്യു്രതിനു്ള അവകാശം (മസകയൂരി്റിയായി 5,00,000/- രൂപ മക്ᨾിമവലക്ᩂതാണ്.)
84 New ശീതളപാനീയ്ങൾ സംഭരി്ച് വിതരണം ചെ്യു്ᩐതി എ 30,00,000 3,00,000 ബി നു്ള അവ ാശം. ശബരിമല, പ്മ എ്രിവിട്ങളിൽ ഡി്ᩔാർ്ᨾ്മമന്റിൽ നി്ര് കു്ᩈക ലലല്ᩈിലൂമട അനുവദി്ച് നൽകു്ര ല ാ്ᨾലുകൾ, ്ഹാളുകൾ, ലഘുഭ്ഷണശാലകൾ എ്രിവിട്ങളിൽ വിൽ്ᩔനᩄക് ആവശയമായ ്ᩉാ്സ് ലബാ്ᨾിലുകളിലും, മട്ᨴത്ടാ പാᩄക്്റുകളിലും നിറ്ച ശീതളപാനീയ്ങൾ (്ᩜാ്ഹി്ᨴ മപ്റ് ലബാ്ᨾിലിൽ നിറ്ച പാനീയ്ങൾ വിൽ്ᩔന നട്ᩈുവാൻ പാടിലാ്ᩈതും കൂടാമത സംഭരി്ച് വിതരണ്ᩈിനായി ഉപലയാഗികു്ര പാനീയ്ങൾ ഫുഡ് ലസ഻്്റി വിഭാഗ്ᩈിന്മറ അംഗീകാരമു്ളതായിരികണം.) ഡി്ᩔാർ്ᨾ്മമന്റിൽ നി്ായി്ച് അനുവദി്ച് നൽകു്ര ്ഽല്ᩈ് സംഭരി്ച് വിതരണം മെ്യു്രതിനു്ള അവകാശം (മസകയൂരി്റിയായി 5,00,000/- രൂപ മക്ᨾിമവᩄലക്ᩂതാണ്.)
10. Clause XV of special conditions, which forms part of the tender conditions in the e-tender notification dated 23.08.2023, is extracted hereunder; “XV പഴവർ്ᨮ്ങൾ, ശീതളപാനീയ്ങൾ എ്ᩐിവ ഡി്ᩔാർ്ᨾ്ചമ്ᩙ്
അനുവദി്ᨪു്ᩐ ്ᩝല്ᩈ് സംഭരി്ച്, വിതരണം ചെ്യു്ᩐതിനു്ള അവ ാശം. ശബരിമല, പ്മ എ്രിവിട്ങളിൽ ഡി്ᩔാർ്ᨾ്മമന്റിൽ നി്ര് കു്ᩈക ലലല്ᩈിലൂമട അനുവദി്ച് നൽകു്ര ല ാ്ᨾലുകൾ, ്ഹാളുകൾ, ലഘുഭ്ഷണശാലകൾ എ്രിവിട്ങളിൽ വിൽ്ᩔനᩄക് ആവശയമായ പഴവർ്ഗ്ങളും (ഏ്ᩈ്ᩔഴം, മെറുപഴ്ങൾ, ത്ᩆിമ്ᩈൻ, മമാസാ്മി, ഓറ്ᨸ്, കുകു്മർ, കയാര്റ്, മെറുനാര്ങ എ്രിവ മാത്തം) വിൽപനᩄക് ആവശയമായ ്ᩉാ്സ് ലബാ്ᨾിലുകളിലും, മട്ᨴത്ടാ പാᩄക്റുകളിലും നിറ്ച ശീതള പാനീയ്ങൾ (്ᩜാ്ഹി്ᨴ മപ്റ് ലബാ്ᨾിലിൽ നിറ്ച പാനീയ്ങൾ വിൽ്ᩔന നട്ᩈുവാൻ പാടിലാ്ᩈതും കൂടാമത സംഭരി്ച് വിതരണ്ᩈിനായി ഉപലയാഗികു്ര പാനീയ്ങൾ ഫുഡ് ലസ഻്്റി വിഭാഗ്ᩈന്മറ അംഗീകാരമു്ളതായിരികണം.) ഡി്ᩔാർ്ᨾ്മമന്റിൽ നി്രും നി്ായി്ച് അനുവദി്ച് നൽകു്ര ്ഽല്ᩈ് സംഭരി്ച് വിതരണം മെ്യാവു്രതാണ്.
1. ശബരിമല മല ാ്഼വ്ങൾ സംബ്യി്ച് ജിലല ഭരണകൂടം നി്ായി്ച് അനുവദികു്ര തുകലയകാൾ ഉയർ്ര തുകᩄക് യാമതാരു കാരണവാശാലും വിതരണം നട്ᩈുവാൻ പാടിലലാ്ᩈതാണ്.
2. ലദവസവം ഉലദയാഗ്ഽരുമടയും ഭ്ഷയസുര്ഷാ വിഭാഗം ഉലദയാഗ്ഽരുമടയും ലഫാറ്ഹ് വിഭാഗം ഉലദയാഗ്ഽരുമടയും മ്റ് ഇതര ഡി്ᩔാർ്ᨾ്മമന്് ഉലദയാഗ്ഽരുമടയും നിർലേശ്ങൾ കർ്ശനമായി പാലിലക്ᩂതാണ്.
3. കു്ᩈക മെഡയൂളിൽ ഉൾമ്ᩔടു്ᩈിയി്ᨾു്ള പഴവർ്ഗ്ങൾ അലലാമത വനയജീവികമള ആകർെിക്ᩈകവിധ്ᩈിലു്ള മ്റ് പഴ വർ്ഗ്ങൾ യാമതാ്രും സംഭരികുവാൻ പാടിലല.
4. സവാമി അ്യ്ᩔൻ ലറാഡ് ഉപലയാഗികു്രതിന് ലബാർഡ് ഉലദയാഗ്ഽർ നിർലേശികു്ര സമയത്കമം പാലിലക്ᩂതാണ്. 5.തൃപ്തികരമായ രീതിയിൽ കു്ᩈക അവസാനി്ച ലശെം നിരതത്ദവയവും, മസകയൂരി്റിയും തിരിമക നൽകു്രതാണ്.
6. സംഭരണശാലയുമട പരിസരം വൃ്ᩈിയായി സൂ്ഷിലക്ᩂതാണ്.
അവശി്ി്ങൾ ലഫാറ്ഹുകാർ നിർലേശികു്ര ്ഽലല്ᩈക് അല്ᩔാഴല്ᩔാൾ നീകം മെല്യ്ᩂതാണ്. സംഭരണശാലയിമല മാലിനയ്ങളും അവശി്ി്ങളും കു്ᩈകകാരന്മറ സവ്ᩌം മെലവിൽ ലശഖരിലക്ᩂതും സമയാസമയ്ങളിൽ ഡി്ᩔാർ്ᨾ്മമന്് ഉലദയാഗ്ഽരുമടയും ലഫാറ്ഹ് വിഭാഗം ഉലദയാഗ്ഽരുമടയും നിർലേശ്ങളുമടയും ഉ്ᩈരവുകളുമടയും അടി്ഽാന്ᩈിൽ സവ്ᩌം മെലവിൽ ഭ്വർലകാ മ്റ് മൃഗാദികൾലകാ അപകടം ഉ്ᩂാകാമത വനയജീവികമള ആകർെികാ്ᩈ വിധ്ᩈിൽ കൃതയമായും നിർ്മാർ്ᨸനം മെല്യ്ᩂതാണ്.
7. സംഭരി്ച് വിതരണം മെ്യു്ര ലമൽ വിവരി്ച പഴവർ്ഗ്ങളും ശീതളപാനീയ്ങളും വിതരണം മെ്യു്രത് സംബ്യി്ച് ഭ്ഷയസുര്ഷാ വിഭാഗം ഉലദയാഗ്ഽരുമട നിർലേശ്ങൾ കർ്ശനമായും പാലിലക്ᩂതാണ്.
8. സംഭരണ ശാലയിലലᩄക് അനുവദനായിമായ പഴവർ്ഗ്ങൾ / ശീതളപാനീയ്ങൾ എ്രിവ മകാ്ᩂുവരാൻ ഉപലയാഗികു്ര വാ ന്ങൾക് മപർമി്റ് മുൻകൂ്ᨾി ശബരിമല ഓഫീസിൽ നി്ര് വാല്ങ്ᩂതാണ്.”
11. The stand taken in the counter affidavits filed on behalf of the Travancore Devaswom Board is that, though the e- tender notification dated 23.08.2023 does not insist Kuthaka
holders of hotels, light refreshment stalls, the stall for selling packed food, fruit stalls and fruit and juice stalls to purchase fruits, soft drinks, etc., from the holders of Kuthaka items 84A and 84B, permitting unauthorised vendors to supply such items beyond Nilakkal and at Pamba and Sannidhanam, which are notified as High-Security Zones, will lead to unfair trade practices and the ultimate sufferer will be the pilgrims. The Kuthaka holders cannot be permitted to source their supply for such items from unauthorised suppliers at Nilakkal or Pamba. The Board would contend that the inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e-tender notification dated 23.08.2023 will not affect any legal rights of the petitioners. xx xx xx xx
28. Having considered the pleadings and materials on record
and also the submissions made at the Bar, we find that the intention of the Travancore Devaswom Board in introducing Kuthaka items 84A and 84B in the list of Kuthaka items in Sabarimala, Pamba and Nilakkal Devaswoms for the year 1199 ME onwards, during Mandala Makaravilakku festival season, is only to ensure that Kuthaka holders of hotels, light refreshment stalls, the stall for selling packed food, fruit stalls and fruit and juice stalls are not procuring fruits, soft drinks, etc., from unauthorised distributors or sellers who transport and stock such items at Nilakkal or Pamba, in the forest land within the High-Security Zone leased out to the Board for providing pilgrim facilities, for distribution or sale to the Kuthaka holders. Though the e-tender notification dated 23.08.2023 does not insist Kuthaka holders of hotels, light refreshment stalls, the stall for selling packed food, fruit stalls and fruit and juice stalls to purchase fruits, soft drinks, etc. from the holders of Kuthaka items 84A and 84B,
unauthorised distributors or sellers cannot be permitted to transport and stock such items at Nilakkal or Pamba or Sannidhanam. No Kuthaka holder at Pamba and Sannidhanam can be permitted to source their supply for such items from any unauthorised distributor or seller.
29. The average footfall in Sabarimala Sannidhanam during
Mandala-Makaravilakku festival season is around 1,00,000 per day. During Mandala-Makaravilakku festival season of 1198 ME (2022-23), on various occasions the movement of vehicles from Nilakkal to Pamba was regulated by ‘hold and release’ mechanism, based on the orders of this Court in SSCR No.23 of 2022. On 10.12.2022 when the footfall at Sannidhanam was nearly 1 Lakh pilgrims, the movement of vehicles was blocked from Laha to Nilakkal and also from Kanamala to Elavunkal, resulting in blockage of vehicles for a considerably long period, causing difficulties to the pilgrims including children. By the order dated 11.12.2022 in SSCR No.23 of 2022, this Court directed the Travancore Devaswom Board to make necessary arrangements for providing ‘Chukkuvellam’ and biscuits to the pilgrims in such vehicles.
30. The movement of tractors carrying goods through the
trekking path from Pamba to Sannidhanam is regulated in terms of the orders of this Court, to ensure that the movement of such vehicles through the trekking path causes only the least inconvenience to the pilgrims, which includes children of tender age, senior citizens, etc. The inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e-tender notification dated 23.08.2023 will certainly reduce the operation of goods vehicles at Nilakkal and Pamba.
31. In view of the inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e-tender notification dated
23.08.2023 issued by the Executive Officer, Sabarimala, no Kuthaka holder in Pamba and Sannidhanam can be permitted to source their supply for fruits, soft drinks, etc., from any unauthorised distributor or seller at Pamba or Sannidhanam. Fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B, intended for supply to Kuthaka holders of hotels, light refreshment stalls, etc., at Pamba and Sannidhanam have to be stocked for supply in an earmarked space provided in Clause XV of the special conditions, which forms part of the tender conditions in the e-tender notification dated 23.08.2023. A permit from the Executive Officer, Sabarimala is required for transporting such items to the earmarked space, in view of the provisions under sub-clause (8) of Clause XV.
32. From the stand taken in the counter affidavit filed by the
Travancore Devaswom Board, we notice that during Mandala- Makaravilakku festival season of 1198 ME, certain persons have unauthorisedly transported and stocked fruits, vegetables and bottle drinks in the premises of Pamba Devaswom and they supplied those items to the Kuthaka holders in Pamba and Sannidhanam, without the permission of the Board. It is for the Special Commissioner, Sabarimala to file a report before this Court on the above aspect, after getting necessary inputs from the Chief Vigilance and Security Officer, Travancore Devaswom Board, which shall be placed before the Devaswom Bench for appropriate orders.
33. SSCR No.23 of 2022 filed by the Special Commissioner,
Sabarimala regarding crowd management and other issues
at Nilakkal, Pamba and Sannidhanam, during Mandala- Makaravilakku festival season of 1198 ME, has already been disposed of by the order dated 20.01.2023 and the Special Commissioner has been directed to file a fresh report on the
above aspects seeking appropriate directions, during Mandala-Makaravilakku festival season of 1199 ME. In the said report the Special Commissioner shall also deal with the regulatory measures that have to be taken during the festival season of 1199 ME in respect of hotels, light refreshment stalls, fruit and juice stalls, etc., in order to ensure strict compliance of the food safety standards and other statutory requirements by the Kuthaka holders. The Food Safety Commissioner and also the concerned officials shall be made parties to the report to be filed by the Special Commissioner.
34. The Executive Magistrates at Pamba and Sannidhanam
and also the officers in the Vigilance Wing of the Travancore Devaswom Board under the Chief Vigilance and Security Officer shall conduct periodical inspections during Mandala- Makaravilakku festival seasons in the hotels, light refreshment stalls, fruit and juice stalls, etc., at Pamba and Sannidhanam and also at Nilakkal. The Travancore Devaswom Board and also the Devaswom Commissioner shall ensure strict compliance of the directions contained in the judgment of this Court in Sunil Kumar P.G [2022: KER:71822] during the tender process for Kuthaka items in Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1199 ME (2023-24). In the result, the challenge made in these writ petitions against inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e-tender notification dated 23.08.2023 issued by the Executive Officer, Sabarimala Devaswom fails for the aforesaid reasons. The petitioners are not entitled to the consequential reliefs sought for. Though the e-tender notification dated 23.08.2023 does not insist Kuthaka holders of hotels, light refreshment stalls, etc., to purchase fruits, soft drinks, etc., from the holders of Kuthaka items 84A and
84B, which is the stand taken by the Travancore Devaswom Board in the counter affidavits placed on record, no Kuthaka holder at Pamba and Sannidhanam can be permitted to procure fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B, from any unauthorised distributor or seller at Nilakkal or Pamba. Similarly, no unauthorised distributor or seller can be permitted to transport or stock fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B to Pamba and Sannidhanam.
15. The facts and circumstances which necessitated the
introduction of Kuthaka items 84A and 84B in Ext.P1 list of Kuthaka items in Sabarimala Devaswom, for the year 1199 ME, has already been taken note of by this Court in Ext.P4 judgment. Paragraphs 23 to 27 of that judgment read thus;
“23. Food Safety and Standards Act, 2006 is enacted by Parliament to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.
24. In Centre for Public Interest Litigation v. Union of India and others [(2013) 16 SCC 279], the Apex Court
held that any food article which is hazardous or injurious to
public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India. A paramount duty is cast on the States and its authorities to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Article 21 read with Article 47 of the Constitution of India.
25. In Swami Achyutanand Tirth v. Union of India
[(2016) 9 SCC 699] the Apex Court noticed that some of the objectives of the Food Safety and Standards Act are as follows; (i) to consolidate the laws relating to food, (ii) to establish Food Safety and Standards Authority of India for laying down science-based standards for articles of food, (iii) to regulate their manufacture, storage, distribution, sale and import, (iv) to ensure availability of safe and wholesome food for human consumption. The Act, apart from making more stringent provisions (e.g. prescribing higher penalties, etc.) to curb food adulteration, also ushers in new concepts such as putting in place food safety management systems and food safety audits to realise its ultimate goal of ensuring the availability of safe and wholesome food for human consumption. In order to ensure food safety, effective food safety systems implementation and to ensure that food producers and suppliers operate responsibly and supply safe food to consumers, the Act further stipulates (i) licensing for the manufacture of food products, which is presently granted by the Central agencies under various Acts and orders, would stand decentralised to the Commissioner of Food Safety and his office, (ii) single reference point for all matters relating to food safety and standards, regulations and enforcement, (iii) shift from mere regulatory regime to self-compliance through food safety management systems, (iv) responsibility on food business operators to ensure that food processed, manufactured, imported or distributed is in compliance with the domestic food laws.
26. In High Range Marketing Society Ltd. v. Travancore Devaswom Board and others [2023:KER: 49419], a
Division Bench of this Court in which one among us [Anil K. Narendran, J] was a party, was dealing with a case in which the blacklisting of the petitioner society and the recovery of a sum of Rs.14,19,650/- from the earnest money deposit and
the bank guarantee provided by the society vide the order
dated 28.05.2015 of the Travancore Devaswom Board was on account of supply of substandard sugar candy and black raisins for making Aravana prasadam in Sabarimala during Mandala-Makaravilakku festival season of 1190 ME. As evident from the report dated 25.11.2014 of the Food Safety Commissioner, sugar candy supplied by the petitioner society during the previous season of 1189 ME for making Aravana prasadam failed in the quality test conducted at the Quality Testing Laboratory at Pamba and later at CFRD Laboratory, Konni. Accordingly, the petitioner society was imposed with a fine of Rs.50,000/-, under Section 69 of the Food Safety and Standards Act, 2006, by the order dated 25.11.2013 of the Food Safety Commissioner. It is thereafter that the petitioner society supplied substandard items for making Aravana prasadam in Sabarimala during the festival season of 1190 ME. Therefore, in the report dated 25.11.2014, the Food Safety Commissioner found it essential to initiate proceedings against the petitioner society for the offence punishable under Section 51 of the said Act.
27. In High Range Marketing Society Ltd. [2023:KER:
49419], after referring to the objects of Food Safety and Standards Act, 2006 and the law laid down by the Apex Court in Centre for Public Interest Litigation [(2013) 16 SCC 279] and Swamy Achyutanand Tirth [(2016) 9 SCC 699] this Court found no merits in the arguments advanced by the learned counsel for the petitioner society that the petitioner may be permitted to challenge the order dated
11.04.2023 of the Travancore Devaswom Board by filing a fresh writ petition. The Division Bench held that having failed to challenge the order dated 28.05.2015 of the Devaswom Commissioner, by filing a suit before the competent civil court, in terms of the judgment of this Court dated 19.01.2017 in W.P.(C)No.1196 of 2017, the petitioner society cannot raise a challenge against the decision taken by the Travancore Devaswom Board to blacklist the society and to recover the monetary loss caused to the Board to the tune of Rs.14,19,650/-from the earnest money deposit and the bank guarantee provided by the society.”
16. In Ext.P4 judgment, from the stand taken in the counter
affidavit filed by the Travancore Devaswom Board, this Court noticed that during Mandala-Makaravilakku festival season of 1198 ME, certain persons have unauthorisedly transported and stocked fruits, vegetables and bottle drinks in the premises of Pamba Devaswom and they supplied those items to the Kuthaka holders in Pamba and Sannidhanam, without the permission of the Board. By that judgment, this Court directed the Special Commissioner, Sabarimala to file a report before this Court on the above aspect, after getting necessary inputs from the Chief Vigilance and Security Officer, Travancore Devaswom Board, which was ordered to be placed before the Devaswom Bench for appropriate orders.
17. In Ext.P4 judgment, this Court found that the intention
of the Travancore Devaswom Board in introducing Kuthaka items 84A and 84B in the list of Kuthaka items in Sabarimala, Pamba and Nilakkal Devaswoms for the year 1199 ME onwards, during Mandala Makaravilakku festival season, is only to ensure that Kuthaka holders of hotels, light refreshment stalls, the stall for selling packed food, fruit stalls and fruit and juice stalls are not procuring fruits, soft drinks, etc., from unauthorised distributors or sellers who transport and stock such items at Nilakkal or Pamba, in the forest land within the High-Security Zone leased out to the Board for providing pilgrim facilities, for distribution or sale to the Kuthaka holders. Though the e-tender notification dated 23.08.2023 does not insist Kuthaka holders of hotels, light refreshment stalls, the stall for selling packed food, fruit stalls and fruit and juice stalls to purchase fruits, soft drinks, etc. from the holders of Kuthaka items 84A and 84B, unauthorised distributors or sellers cannot be permitted to transport and stock such items at Nilakkal or Pamba or Sannidhanam. No Kuthaka holder at Pamba and Sannidhanam can be permitted to source their supply for such items from any unauthorised distributor or seller.
18. In Ext.P4 judgment, this Court noticed that the average
footfall in Sabarimala Sannidhanam during Mandala-Makaravilakku festival season of 1199 ME (2023-24) is around 1,00,000 per day. During Mandala-Makaravilakku festival season of 1198 ME (2022- 23), on various occasions the movement of vehicles from Nilakkal to Pamba was regulated by ‘hold and release’ mechanism, based on the orders of this Court in SSCR No.23 of 2022. On 10.12.2022 when the footfall at Sannidhanam was nearly 1,00,000 pilgrims, the movement of vehicles was blocked from Laha to Nilakkal and also from Kanamala to Elavunkal, resulting in blockage of vehicles for a considerably long period, causing difficulties to the pilgrims including children. By the order dated 11.12.2022 in SSCR No.23 of 2022, this Court directed the Travancore Devaswom Board to make necessary arrangements for providing ‘Chukkuvellam’ and biscuits to the pilgrims in such vehicles. The movement of tractors carrying goods through the trekking path from Pamba to Sannidhanam is regulated in terms of the orders of this Court, to ensure that the movement of such vehicles through the trekking path causes only the least inconvenience to the pilgrims, which includes children of tender age, senior citizens, etc. The inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e- tender notification dated 23.08.2023 will certainly reduce the operation of goods vehicles at Nilakkal and Pamba.
19. As held by this Court in Ext.P4 judgment, in view of the
inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e-tender notification dated 23.08.2023 issued by the Executive Officer, Sabarimala, no Kuthaka holder in Pamba and Sannidhanam can be permitted to source their supply for fruits, soft drinks, etc., from any unauthorised distributor or seller at Pamba or Sannidhanam. Fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B, intended for supply to Kuthaka holders of hotels, light refreshment stalls, etc., at Pamba and Sannidhanam have to be stocked for supply in an earmarked space provided in Clause XV of the special conditions, which forms part of the tender conditions in the e-tender notification dated 23.08.2023. A permit from the Executive Officer, Sabarimala is required for transporting such items to the earmarked space, in view of the provisions under sub-clause (8) of Clause XV.
20. SSCR No.23 of 2022 filed by the Special Commissioner,
Sabarimala regarding crowd management and other issues at Nilakkal, Pamba and Sannidhanam, during Mandala-Makaravilakku festival season of 1198 ME, was disposed of by the order dated 20.01.2023 and the Special Commissioner has been directed to file a fresh report on the above aspects seeking appropriate directions, during Mandala-Makaravilakku festival season of 1199 ME. In Ext.P4 judgment, this Court made it clear that in the report to be filed by the Special Commissioner, Sabarimala, he shall also deal with the regulatory measures that have to be taken during the festival season of 1199 ME in respect of hotels, light refreshment stalls, fruit and juice stalls, etc., in order to ensure strict compliance of the food safety standards and other statutory requirements by the Kuthaka holders. The Executive Magistrates at Pamba and Sannidhanam and also the officers in the Vigilance Wing of the Travancore Devaswom Board under the Chief Vigilance and Security Officer were directed to conduct periodical inspections during Mandala-Makaravilakku festival seasons in the hotels, light refreshment stalls, fruit and juice stalls, etc., at Pamba and Sannidhanam and also at Nilakkal.
21. In W.P.(C)Nos.29371 of 2023 and 29762 of 2023, one of
the reliefs sought for was a declaration that the Travancore Devaswom Board cannot compel the traders like the petitioners to buy fruits and soft drinks from the Kuthaka holders of Kuthaka Items 84A and 84B in Ext.P1 list of Kuthaka items. In that context, in paragraph 11 of Ext.P4 judgment, this Court noticed the stand taken in the counter affidavit filed on behalf of the Travancore Devaswom Board that, though the e-tender notification dated 23.08.2023 does not insist Kuthaka holders of hotels, light refreshment stalls, the stalls for selling packed food, fruit stalls and fruit and juice stalls to purchase fruits, soft drinks, etc., from the holders of Kuthaka items 84A and 84B, permitting unauthorized vendors to supply such items beyond Nilakkal and at Pamba and Sannidhanam, which are notified as High-Security Zones, will lead to unfair trade practices and the ultimate sufferer will be the pilgrims.
22. In Ext.P4 judgment, this Court found that the challenge
made in those writ petitions against inclusion of Kuthaka items 84A and 84B in the list of Kuthaka items in the e-tender notification dated 23.08.2023 failed for the reasons stated therein and that the petitioners therein are not entitled to the consequential reliefs sought for.
23. As already noticed hereinbefore, on 22.11.2023, when this writ petition came up for consideration, this Court passed an interim order. Paragraph 6 of that order reads thus;
“6. The 2nd respondent District Collector, Pathanamthitta, the 4th respondent District Police Chief, Pathanamthitta and the 3rd respondent Station House Officer, Pamba Police Station shall take necessary steps to ensure that there is no supply of the items covered by Kuthaka Item Nos.84A and 84B in Ext.P1 notification dated 07.08.2023, by unauthorised traders to the Kuthaka holders, who are conducting hotels, light refreshment stalls, etc., at Sannidhanam, Pamba and Nilakkal. No goods vehicles, without proper pass issued by the Executive Officer, Sabarimala, shall be permitted entry from Nilakkal.”
24. During the course of arguments, on a specific query
made by this Court, the learned counsel for respondents 8 to 11 and also the learned counsel for additional respondents 13 to 17, would submit that the said respondents have absolutely no grievance regarding the restriction imposed in the interim order of this Court dated 22.11.2023, which was one issued to ensure that there is no supply of items covered by Kuthaka items 84A and 84B in Ext.P1 list of Kuthaka items, by unauthorised traders to the Kuthaka holders, who are conducting hotels, light refreshment stalls, etc., at Sannidanam, Pamba and Nilakkal. Their grievance is that though the stand taken by the Travancore Devaswom Board, as evident from paragraph 11 of Ext.P4 judgment was that the inclusion of Kuthaka items 84A and 84B in Ext.P1 list of Kuthaka items, does not insist Kuthaka holders of hotels, light refreshment stalls, the stall for selling packed food, fruits stalls and fruit and juice stalls to purchase fruits, soft drinks, etc., from the Kuthaka holders of Kuthaka items 84A and 84B, the party respondents are not permitted to bring such items exclusively for their own stalls, subject to the issuance of passes by the 6th respondent Executive Officer, Sabarimala.
25. Though respondents 8, 9 and 11 and additional
respondents 13 to 17 have filed counter affidavit/affidavit in support of various interlocutory applications raising various allegations, none of them have chosen to place on record the invoice of the goods which were attempted to be transported from Nilakkal for the limited purpose of consumption in their respective stalls. In the counter affidavit filed by the 3rd respondent Station House Officer, it is stated that on 22.11.2023, the 9th respondent brought a vehicle carrying fruits without proper pass issued by the 6th respondent Executive Officer, Sabarimala. Upon complaint by the petitioner the said vehicle was sent back without unloading the fruits. Having considered the pleadings and materials on record and also the submissions made at the Bar, this writ petition is disposed of, in terms of the findings in Ext.P4 judgment dated 12.09.2023 in
W.P(C)No.29371 of 2023 and making absolute the interim order
dated 22.11.2023 in this writ petition. In case the party respondents in this writ petition require transportation of items covered by Kuthaka items 84A and 84B in Ext.P1 list for own consumption in their respective stalls covered by the certificates issued by the 6th respondent Executive Officer, Sabarimala, they shall make proper requests before the said respondent, along with tax invoice in their name. On such a request being received, the 6th respondent Executive Officer shall verify the same with specific reference to the Kuthaka right granted to that Kuthaka holder and grant permission for transportation of such items required for own consumption in the respective stall. In the permission so granted and also in the pass issued for transportation of such items, the 6th respondent shall specify the quantity of items permitted to be transported, the shop number and also the date and time for transportation. The permission granted by the 6th respondent and the pass issued in original shall be carried in the vehicle, along with the original tax invoice of the items transported. The entry of such vehicles beyond Nilakkal has to be regulated in an appropriate manner, by the Police and the district administration, in order to ensure the safety of the pilgrims, including children of tender age and senior citizens. Any transportation of such items from Pamba to Nilakkal shall also be regulated in terms of the orders of this Court dated 10.12.2021 in DBP No.30 of 2021 and the subsequent orders governing the movement of tractors through the trekking path. The movement of such vehicles shall be regulated by the Police and the Executive Magistrates at Nilakkal, Pamba and Sannidhanam. The officers in the Legal Metrology Department, Vigilance Wing of the Travancore Devaswom Board and also the Police shall conduct regular inspections on the movement of such vehicles. In case, it is found that such items transported are not for own consumption of the respective Kuthaka holders or that such transportation is without the permission and pass issued by the 6th respondent Executive Officer, the Travancore Devaswom Board shall take stringent action against such Kuthaka holders by initiating proceedings for cancellation of the Kuthaka right, including proceedings for black-listing. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE vgd APPENDIX OF WP(C) 38859/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF NOTIFICATION DBROC.04/23/SABA(KUTHAKA) DATED 07/8/2023 ISSUED BY THE 6TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE CHALLAN RECEIPT NO.ST.2987 OF DHANALAKSHMI BANK PATHANAMTHITTA DATED 25/09/2023 EXHIBIT P2(A) TRUE COPY OF THE CHALLAN RECEIPT NO.ST.2988 OF DHANALAKSHMI BANK PATHANAMTHITTA DATED 25/09/2023 EXHIBIT P2(B) TRUE COPY OF THE CHALLAN RECEIPT NO.ST.2989 OF DHANALAKSHMJ BANK PATHANANTHITTA DATED 25/09/2023 EXHIBIT P3 TRUE COPY OF THE CHALLAN RECEIPT OF DHANALAKSHMI BANK DATED 01/11/2023 EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C).NO.29371/2023 DATED 12/09/2023 EXHIBIT P5 A TRUE COPY OF THE COMPLAINT AND ITS RECEIPT FILED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, PAMBA POLICE STATION DATED 15-11-2023 EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM BOARD DATED 14/11/ 2023 EXHIBIT P7 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE EXECUTIVE OFFICER, SABARIMALA , TRAVANCORE DEVASWOM BOARD DATED 16/11/ 2023 RESPONDENT EXHIBITS EXHIBIT R11(A) TRUE COPY OF THE SUMMONS DATED NIL RECEIVED BY THE 8TH RESPONDENT ON 23/11/2023 ISSUED BY THE HON'BLE COURT EXHIBIT R11(B) TRUE COPY OF THE SUMMONS DATED NIL RECEIVED BY THE 9TH RESPONDENT ON 23/11/2023 ISSUED BY THE HON'BLE COURT EXHIBIT R11(C) TRUE COPY OF THE SUMMONS DATED NIL RECEIVED BY THE 11TH RESPONDENT ON 23/11/2023 ISSUED BY THE HON'BLE COURT RESPONDENT EXHIBITS EXHIBIT R17(A) TRUE COPY OF THE VEHICLE PERMIT DATED 24.11.2023 ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA TO THE 5TH APPLICANT (KUTTAKA SL NO.51) EXHIBIT R17(B) TRUE COPY OF THE VEHICLE PERMIT DATED 19.11.2023 ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA TO THE 5TH APPLICANT (KUTTAKA SL NO.17) EXHIBIT R17(C) TRUE COPY OF THE VEHICLE PERMIT DATED 24.11.2023 ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA TO OTHER KUTTAKA HOLDER (SL NO.34) RESPONDENT EXHIBITS EXHIBIT R11(D) TRUE COPY OF THE CERTIFICATE DATED 09.11.2023 ISSUED BY THE 6TH RESPONDENT EXECUTIVE OFFICER TO THE 8TH RESPONDENT FOR ITEM NO.140 (HOTEL) I EXHIBIT R11(E) TRUE COPY OF THE CERTIFICATE DATED 14.11.2023 ISSUED BY THE 6TH RESPONDENT EXECUTIVE OFFICER TO THE 8TH RESPONDENT FOR ITEM NO.150 (STALL) EXHIBIT R11(F) TRUE COPY OF THE CERTIFICATE DATED 11.11.2023 ISSUED BY THE 6TH RESPONDENT EXECUTIVE OFFICER TO THE 8TH RESPONDENT FOR ITEM NO.155 (STALL) EXHIBIT R11(G) TRUE COPY OF THE CERTIFICATE DATED 14.11.2023 ISSUED BY THE 6TH RESPONDENT EXECUTIVE OFFICER TO THE 9TH RESPONDENT FOR ITEM NO.149 (STALL) EXHIBIT R11(H) TRUE COPY OF THE CERTIFICATE DATED 24.11.2023
ISSUED BY THE 6TH RESPONDENT EXECUTIVE OFFICER TO THE 11TH RESPONDENT FOR ITEM NO.151 (LIGHT FOOD STALL)
EXHIBIT R11(I) TRUE COPY OF THE CERTIFICATE DATED 24.11.2023 ISSUED BY THE 6TH RESPONDENT EXECUTIVE OFFICER TO THE 11TH RESPONDENT FOR ITEM NO.141 (HOTEL) EXHIBIT R14(A) TRUE COPY OF THE KUTTAKA CERTIFICATE ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA FOR SL NO. 14-HOTEL 8 FOR 2023-2024 EXHIBIT R14(B) TRUE COPY OF THE PERMIT DATED 10.12.2023 ISSUED BY
THE DEVASWOM FOR BRINGING IN GOODS UP TO PAMBA GANAPATHY TEMPLE FOR USE IN MY HOTEL NO. 8 WITH KUTTAKA NO. 14
EXHIBIT R14(C) A PHOTOGRAPH OF THE TRACTOR HAVING REGISTRATION NUMBER KL-83A-6407 EXHIBIT R14(D) TRUE COPY OF THE CHALLAN DATED 06.11.2023 OF DHANALAXMI BANK, PATHANAMTHITTA BRANCH TOWARDS REMITTANCE OF AN AMOUNT OF RS. 5000 EXHIBIT R13(A) TRUE COPY OF THE DOCUMENT WHICH SHOWS RIGHT TO CONDUCT LIGHT FOOD STALL NO.2 IN SL NO.19 DATED 11.11.2023 EXHIBIT R13(B) TRUE COPY OF THE VALID PASS FOR ADDL 13TH RESPONDENT'S VEHICLE NO.KL 21 S 5656 DATED 21.11.2023 PETITIONER EXHIBITS EXHIBIT -P8 TRUE COPY OF THE CERTIFICATE DATED 18.12.2023 ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA DEVASWOM