Point of Law: Section 24 of Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund.

JUDGMENT :

[Anil K. Narendran, J.]

1. SSCR No.29 of 2022:- This report filed by the Special Commissioner, Sabarimala, in terms of the directions contained in the order of this Court dated 16.12.2022 in SSCR No.23 of 2022 and connected cases, relates to the parking facility for Sabarimala pilgrims at the Nilakkal Base Camp. The 9th respondent is the Kuthaka holder for collecting parking fee in the parking grounds at Nilakkal Base Camp, for the year 1198 ME (2022-23).

1.1. On 17.12.2022, when this report came up for consideration, the learned Senior Government Pleader entered appearance for respondents 1, 4 to 8 and the additional 10th respondent. The learned Standing Counsel for Travancore Devaswom Board entered appearance for respondents 2 and 3. Notice was ordered to the 9th respondent-contractor, through the additional 10th respondent Station House Officer or through the concerned Station House Officer at his place of residence.

1.2. On 19.12.2022, when this SSCR came up for consideration at 10.15 a.m., the learned Standing Counsel for Travancore Devaswom Board submitted that the 9th respondent-contractor has engaged 46 employees for regulating the parking of vehicles in 16 parking grounds at Nilakkal Base Camp. The learned counsel, who entered appearance for the 9th respondent-contractor, sought time to get instructions and therefore, the matter was ordered to be listed at 3.30 p.m. When the matter was taken up again at 3.30 p.m., the 5th respondent-District Police Chief filed a statement, stating that a meeting was convened on 16.12.2022 with the Special Officer/ Assistant Engineer, Nilakkal and also the 9th respondent-contractor, regarding the expansion of the parking capacity. The parking grounds were visited and it was noticed that some areas require compaction, laying of quarry waste, clearing of grass, etc. Action was taken to clear the ground neighbouring to Ground No.5 and it was designated as Ground No.5A, which has the capacity to hold 80-100 light motor vehicles. The Special Officer/Assistant Engineer, Nilakkal was directed to ensure sufficient lighting in the parking areas, where expansion has taken place. Some of the parking grounds covered with mud and sludge are being restored by soil compaction to enhance the holding capacity. The learned Senior Government Pleader, on instructions, submitted that there are no issues in the parking grounds at Nilakkal. The learned Standing Counsel, on instructions, submitted that steps are being taken to provide parking space for additional 600 vehicles. By the order dated 19.12.2022, this Court directed the Board and its officials to ensure that the works undertaken for providing additional parking space in the parking grounds at Nilakkal are completed on a war footing.

1.3. The 9th respondent-contractor has filed an affidavit dated 20.12.2022, producing therewith Annexure R9(a) photographs of the parking grounds at Nilakkal Base Camp. On 22.12.2022, when this matter came up for consideration, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for the Special Commissioner, Sabarimala submitted that there are no issues in the parking grounds at Nilakkal Base Camp. The learned Standing Counsel sought time to get instructions as to whether there is periodical cleaning in the parking grounds at Nilakkal, to remove plastic cans, flower garlands, etc. By the order dated 22.12.2022, the learned Standing Counsel for the Board was directed to make available for the perusal of this Court, a copy of the contract entered into between the Board and the 9th respondent-contractor, for the year 1198 ME (2022-23).

1.4. On 23.12.2022, when this matter was taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a copy of the contract dated 10.11.2022, entered into between the Board and the 9th respondent-contractor, which provides for vario