Point of Law: Under provisions of Travancore-Cochin Hindu Religious Institutions Act, Travancore Devaswom Board is duty bound to see that regular traditional rites and ceremonies according to practice prevalent in Sabarimala are performed promptly.

ORDER :

1. This DBP is registered suo-motu based on the proceedings dated 18.11.2022 since news items appeared in visual media regarding the helicopter service package for Sabarimala pilgrims offered by the 11th respondent, a private agency in its website helikerala.com. A copy of the printout taken from the website of the 11th respondent forms part of this DBP. Going by the materials on record, the 11th respondent will operate two daily trips from Kochi to Nilakkal, at the rate of Rs. 45,000/- per head, which includes darshan, dolly service and car transfer.

2. On 18.11.2022, when this DBP came up for consideration, this Court issued notice to the 11th respondent, through the 7th respondent Commissioner of Police, Ernakulam, who was directed to depute Police personnel to serve notice on an authorised representative of the 11th respondent, on that day itself. Registry was directed to list the matter for further consideration on 19.11.2022 at 10.30 a.m., after obtaining orders from the Hon’ble the Chief Justice.

3. On 19.11.2022, when this DBP came up for consideration, this Court recorded the submission made by the learned counsel for the 11th respondent that the said respondent shall not proceed further with “Sabarimala Ayyappa Darshan Helicopter Service Package.” In the order dated 19.11.2022, it was made clear that the aforesaid undertaking given by the learned counsel for the 11th respondent will not absolve the said respondent from being proceeded against in accordance with law. The Travancore Devaswom Board was directed to inform the pilgrims through its Virtual-Q platform that no tour operator in the aviation sector has been granted permission for helicopter facility to Nilakkal. The 11th respondent was also directed to publish the same on its website.

4. On 21.11.2022, the learned Standing Counsel for Travancore Devaswom Board submitted that the Board has already submitted a complaint against the 11th respondent before the appropriate authority. The learned counsel for the 11th respondent submitted that the said respondent has already removed the advertisement regarding the helicopter service package to Sabarimala pilgrims, from its website, and published a notification on their website that they have no permission from the Travancore Devaswom Board for helicopter service to Nilakkal. By the order dated 21.11.2022, the 11th respondent was directed to explain the circumstances in which they offered ‘darshan’ at Sabarimala Sannidhanam in their helicopter service package and to furnish the details of its partners.

5. On 21.11.2022, along with the memo filed by the learned Senior Government Pleader, a statement dated 20.11.2022 of the 6th respondent District Police Chief was placed on record, producing therewith Annexure R6(1) complaint dated 19.11.2022 made by the Secretary of Travancore Devaswom Board, against the 11th respondent. On 30.11.2022, along with another memo filed by the learned Senior Government Pleader, the statement dated 23.11.2022 of the 6th respondent District Police Chief was placed on record, producing therewith the enquiry report dated 23.11.2022 of the Deputy Superintendent of Police, District Crime Branch, Pathanamthitta [as Annexure R6(1)] and a copy of G.O.(P)No. 72/2022/Home dated 19.10.2022 notifying Sabarimala and its vicinity as a ‘Special Security Zone’ [as Annexure R6(2)]. Since the complaint dated 19.11.2022 made by the Secretary of Travancore Devaswom Board, produced along with the statement dated 20.11.2022 of the 6th respondent District Police Chief, has already been marked as Annexure R6(1), the documents produced along with the statement dated 23.11.2022 of the 6th respondent District Police Chief are marked as ‘Annexure R6(2)’ and ‘Annexure R6(3)’ respectively, instead of ‘Annexure R6(1)’ and ‘Annexure R6(2)’. Registry to make necessary corrections. Annexure R6(3) notification dated 19.10.2022 is one issued under Section 83(1) of the Kerala Police Act, 2011, in order to exercise the powers