JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the Kuthaka holder in respect of Kuthaka item 196 in the list of Kuthaka items, which forms part of the e-tender notification issued by the 5th respondent Executive Officer, Sabarimala during the Mandala-Makaravilakku festival season of 1199 ME (2023-2024) from 11.11.2023 till 31.10.2024, has filed this writ petition under Article 226 of the Constitution of India seeking a declaration that persons (Kuthaka holders) permitted by the Travancore Devaswom Board, with the licence issued by the 10th respondent Ranni-Perunadu Grama Panchayat alone are entitled to sell any articles including food items in Nilakkal in Pathanamthitta District. The petitioner has also sought for a writ of mandamus commanding the respondents to take necessary steps to ensure that there is no sale of articles in Nilakkal except by persons (Kuthaka holders) having permission from the Travancore Devaswom Board; a writ of mandamus commanding respondents 2 to 5 to take necessary steps to ensure that there is no sale of articles including food items to Sabarimala pilgrims in Nilakkal, in violation of the terms and conditions of the e-tender notification issued by the 5th respondent Executive Officer, Sabarimala; and a writ of mandamus commanding respondents 5 and 6 to consider and take appropriate action of Exts.P6 and P7 representations dated

23.12.2023, within a time limit to be specified by this Court. 2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the State and the official respondents and the learned Standing Counsel for the Travancore Devaswom Board for the Board and its officials.

3. Regarding the presence of unauthorised hawkers/sellers of articles including plastic toys, plastic articles and drinking water in PET bottles at Nilakkal, the Special Commissioner, Sabarimala has filed SSCR No.2 of 2024. That report was disposed of by the order dated 08.01.2024. Paragraphs 6 to 10 and also the last paragraph of that order read thus :

“6. Regarding crowd management and other matters at Sabarimala in connection with Mandala-Makaravilakku festival season of 1199 ME (2023-24), the Special Commissioner, Sabarimala has filed SSCR No.29 of 2023, in which this Court has issued various directions. Paragraphs 4 to 6 of the order of this Court dated 05.01.2024 in SSCR Nos.29 of 2023 and 36 of 2023 read thus;

“4. In the order dated 18.12.2023, this Court noticed that certain Kuthaka holders in Nilakkal Devaswom have secured licence from Ranni-Perunad Grama Panchayat, which enables them to conduct business in their respective stalls, even beyond the scope of the respective Kuthaka rights granted by the Travancore Devaswom Board. By the said order, the Secretary of Ranni-Perunad Grama Panchayat and also the Secretary of Erumeli Grama Panchayat were directed to take necessary steps to ensure that the activities undertaken by the Kuthaka holders in the respective shops are confined to their Kuthaka rights shown in the certificate issued by the Executive Officer, Sabarimala.

5. By the order dated 19.12.2023, the additional 28th respondent Deputy Controller (Flying Squad), Legal Metrology Department, Pathanamthitta and the additional 29th respondent Deputy Controller (Flying Squad), Legal Metrology Department, Kottayam were directed to deploy Inspectors at Sannidhanam and Pamba and also in the traditional trekking path. The Flying Squads at Nilakkal and Erumeli were directed to ensure that all Kuthaka holders at Sannidhanam, Pamba, on the side of the trekking path, Nilakkal and also at Erumeli are not collecting from the pilgrims price in excess of the price fixed in the notifications issued by the District Collectors at Pathanamthitta and Kottayam in the eateries at those places. It was directed that in case any such Kuthaka holder/trader is found collecting excess fee from the pilgrims from the neighbouring States, stringent action shall be taken against such Kuthaka holder/trader.