IMPORTANT POINT
The court established that the Travancore Devaswom Board has a legal obligation to manage donor rooms and ensure proper verification of their usage in accordance with the relevant statutes.

ORDER :

1. The Special Commissioner, Sabarimala has filed this report pursuant to the direction contained in the order of this Court dated 23.07.2024 in SSCR No. 18 of 2024. That report by the Special Commissioner was regarding the necessity of conducting verification whether the actual donors of the donor rooms in Sabarimala are using the donor room facilities allotted to them by the Travancore Devaswom Board. This report is in respect of room No. 105 at Sahyadri Pilgrim Centre-2. In the report, it is stated that as per the records maintained by Travancore Devaswom Board, the donors of the room are Sri.Jaga Rao J.J. and Sri.S. Bhaskara Rao, Door No. 11-15, Achutha Ramayya Street, Rama Rao, Pettah, Kakinada -533 001.

2. On 06.08.2024, when this report came up for consideration, the donors of room No. 105, Sahyadri Pilgrim Centre-2, were suo motu impleaded as additional 8th respondent. The learned Senior Government Pleader entered appearance for respondents 1 and 7 and the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6. This Court issued notice by speed post to the additional 8th respondent, returnable within three weeks.

3. On 29.08.2024, when this report came up for consideration it was reported that Sri.Jaga Rao J.J. is no more. Therefore, the description of the additional 8th respondent was suo motu corrected as S. Bhaskara Rao. The additional 8th respondent entered appearance through counsel, who sought time to file an affidavit on behalf of that respondent. The learned counsel submitted that the additional 8th respondent is prepared to remove the box kept inside room No. 105 at Sahyadri Pilgrim Centre-2, as seen from the photograph which forms part of this report.

4. The additional 8th respondent has filed an affidavit dated 05.09.2024, wherein it is stated that he has already issued a letter dated 01.07.2024 informing the 4th respondent Executive Officer, Sabarimala, that he is prepared to remove the box kept in room No. 105 at Sahyadri Pilgrim Centre-2.

5. Heard the learned Senior Government Pleader for respondents 1 and 7, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6 and the learned counsel for the additional 8th respondent.

6. 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. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in Travancore Devaswom Board. As per Section 15A of the Act, 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. As per Section 31 of the Act, 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.

7. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. In view of the provisions under Section 15A(iv) of the Act, the Board is duty-bound to establish and maintain proper facilities for the devotees in Sabarimala. In view of the provisions under Section 31 of the Act, the Board is duty bound to make proper arrangements for the conduct of daily worship and cere