IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 23 RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 W.P.(C)NO.41203 OF 2022 PETITIONER:

PANDANKERIL AJAYAKHOSH SHINOJ, AGED 41 YEARS S/O AJAYAKHOSH, AGED 41 YEARS, CC/23/2339, PANDANKERIL, GANGADARAN LANE, PALLURUTHY, ERNAKULAM- 682006.

BY ADVS.P.DEEPAK RILGIN V.GEORGE RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

695001 (DESCRIPTION OF R1 CORRECTED AS PER ORDER DATED 21/2/23 IN IA/1/23 IN WP(C) 41203/22)

2 THE TRAVANCORE DEWASWOM BOARD, REP. BY ITS SECRETARY. NANDANCODE, THIRUVANANTHAPURAM -695003.

3 EXECUTIVE OFFICER, TRAVANCORE DEWASWOM BOARD, SABARIMALA SANNIDHANAM- 689 670.

4 SEPECIAL OFFICER, SABARIMALA, PAMBA- 689 670. 5 VIGILANCE OFFICER, TRAVANCORE DEWASWOM BOARD, THIRUVANANTHAPURAM -695 003.

6 SURESH M.S, PROPRIETOR, SWAMY AYYAPPA ENTERPRISES, MUDAVATHIL BUILDING, THAMMANAM P.O, ERNAKULAM 682 032.

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.

BIJU - STANDING COUNSEL-TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Lord Ayyappa of Sree Dharma Sastha Temple, Sabarimala, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent State and the 2^nd respondent Travancore Devaswom Board to conduct auction of kuthaka rights in Sabarimala Devaswom during Mandala- Makaravilakku festival season, strictly in terms of the general terms and conditions contained in Ext.P1 and similar notifications. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent Board to conduct the statutory audit in time to find out the defaulters. The further reliefs sought for are a writ of mandamus commanding the 2^nd respondent Board to conduct an enquiry relating to the auction of kuthaka rights in Sabarimala Devaswom during Mandala-Makaravilakku festival season in order to find out malpractice; and a writ of mandamus commanding the 2^nd respondent Board to provide basic amenities to the pilgrims at Sabarimala, free of cost. 2. On 19.12.2022, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1^st respondent State and the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 2 to 5.

3. On 21.02.2023, in I.A.No.1 of 2023, the cause title of the writ petition was amended in order to show the correct description of the 1^st respondent State.

4. Service of notice is not complete on the 6^th respondent, since Registry noted certain defects in the process paid by the petitioner.

5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent State, and also the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5. Considering the nature of reliefs proposed to be granted, service of notice on the 6^th respondent is dispensed with.

6. On 19.12.2022, when this writ petition came up for admission, this Court noticed that, insofar as the reliefs sought for in respect of the auctioning of kuthaka rights in terms of Ext.P1 notification is concerned, the issue has already been considered by this Court in the judgment dated 13.10.2022 in W.P.(C)No.29772 of 2021. By the order dated 05.12.2022 in DBP No.64 of 2022, this Court directed the State of Kerala to consider the application made by Travancore Devaswom Board to issue notification under Section 71 of the Revenue Recovery Act, 1968, to make applicable the provisions of the said Act to the recovery of the amounts due to the Board from any person.

7. Crowd management and pilgrim facilities at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala- Maka