IMPORTANT POINT
The Travancore Devaswom Board is obligated to ensure the uninterrupted performance of traditional rites and manage crowd safety during religious festivals, safeguarding the rights of worshippers.

ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala has filed this report regarding the strike proposed by the Dolly workers at Sabarimala, during Mandala-Makaravilakku festival season of 1200 ME (2024-25).

2. On 03.12.2024, when this SSCR came up for consideration at 11.45 a.m., the learned Senior Government Pleader and the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. Therefore, this SSCR was ordered to be listed on 03.12.2024 at 12.00 p.m. for further consideration.

3. When this SSCR was taken up again at 12.00 p.m., the learned Standing Counsel for Travancore Devaswom Board submitted that on the strike proposed by the Dolly workers, a meeting of the Additional District Magistrate, Sabarimala, Devaswom Officials and Police Officials was held on 02.12.2024, at Sannidhanam, which was attended by the representatives of the Dolly workers. The report of the 10^th respondent Executive Officer, Sabarimala, has already been forwarded to the 8^th respondent Travancore Devaswom Board, for its consideration, and the Board will take an appropriate decision in the matter. The learned Senior Government Pleader, on instructions from the 2^nd respondent Chief Police Co-ordinator [Additional Director General of Police (Police Headquarters)], Sabarimala, submitted that there are no issues in respect of Dolly service at Sabarimala.

4. By a detailed order dated 04.12.2024, this Court directed the 8^th respondent Travancore Devaswom Board and its officials, namely, respondents 9 and 10, the 2^nd respondent Chief Police Co-ordinator, Sabarimala, the 5^th respondent District Police Chief, Pathanamthitta, the additional 14^th respondent District Collector, Pathanamthitta, the 6^th respondent Station House Officer, Pamba Police Station and the 7^th respondent Station House Officer, Sannidhanam Police Station to take necessary steps to ensure that no protest or strike from the side of the Dolly workers or others, adversely affecting crowd management at Sabarimala, which is a Special Security Zone, takes place at Pamba, Sannidhanam or in the trekking path from Pamba to Sannidhanam, during Mandala-Makaravilakku festival season of 1200ME (2024-25). In the said order, this Court noticed that any such protest or strike will adversely affect the right of the worshippers of Lord Ayyappa, who reach Sabarimala, to exercise their right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala.

5. Heard the learned Senior Government Pleader for respondents 1 to 7 and the additional 14^th respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 8 to 13 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

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. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk.

7. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with the duties of the 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.

8. Section 31 of the A