Regulatory oversight is essential during religious events to prevent exploitation of pilgrims, affirming the need for proper enforcement measures.

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Lord Ayyappa and a native of Erumeli has filed this writ petition under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P1 order dated 11.11.2024 of the 5^th respondent District Collector, Kottayam, fixing the rate of Sharam (Arrow), Kacha, Gadha (Mace), Kunkumom, Kireedom (Crown) and Val (Sword) in connection with Sabarimala Pilgrimage of the year 1200ME (2024- 25). The petitioner has also sought for a writ of mandamus commanding the respondents to refix the rate of vazhipad items covered by Ext.P1 order dated 11.11.2024, avoiding exploitation of pilgrims; a writ of mandamus commanding respondents 1 to 4 to appoint an Executive Magistrate having independent charge of Erumeli, at least during the pilgrimage season to address the needs/complaints of devotees and pilgrims and to ensure proper inspection/monitoring by squads to prohibit exploitation of devotees and pilgrims; and a writ of mandamus commanding respondents 1 to 7 to take appropriate measures to regulate the functioning of parking spaces/latrine and toilet facility run by private parties at Erumeli and to enforce the rate fixed by the Travancore Devaswom Board for the services rendered by them.

2. In the writ petition it is alleged that the traders at Erumeli are exploiting Sabarimala pilgrims by charging exorbitant price for Vazhipadu items and also for Sharam, Kacha, Gadha, Kunkumom, Kireedom and Val. The 5^th respondent District Collector, Kottayam by Ext.P1 order dated 11.11.2024 fixed the price of Sharam, Kacha, Gadha, Kunkumom, Kireedom and Val in connection with Mandala-Makaravilakku festival season of 1200ME (2024-25) in Sabarimala, at a uniform rate Rs.35/-. The rate fixed in Ext.P1 order is highly exorbitant, which is several times higher than the rate for Sharam and other items fixed by the Travancore Devaswom Board at Sabarimala Devaswom, as evident from Ext.P6 general conditions, which forms part of the e-tender notification issued by the 2^nd respondent Devaswom Commissioner for the year 1200ME (2024-25). Pointing out the exploitation of Sabarimala pilgrims at Erumeli the petitioner submitted Ext.P7 representation dated 27.07.2024 before the 5^th respondent District Collector, which was followed by Ext.P4 representation dated 15.10.2024 made before the Special Commission, Sabarimala. The petitioner would also point out that the parking fee and fee for use of latrine/toilet collected by various private parties at Erumeli are far in excess of the fee prescribed by the Travancore Devaswom Board for Erumeli Devaswom in Ext.P7 notice. Pursuant to the direction contained in the order of this Court dated 02.08.2022 in SSCR No.4 of 2022 an Executive Magistrate has been appointed, vide Ext.P10 order dated 12.11.2024 issued by the 5^th respondent District Collector, for effective coordination and supervision of enforcement squads functioning at Erumeli during Sabarimala pilgrimage season of 1200ME (2024-25).

3. On 26.11.2024, when this writ petition came up for admission, this Court passed the following order;

“The petitioner has filed this writ petition challenging Ext.P1 order dated 11.11.2024 of the 5^th respondent District Collector, Kottayam fixing price for various items like saram, kacha etc., for Sabarimala pilgrims during the Mandala- Makaravilakku Festival Season, at Erumeli. The price fixed for saram, kacha, gadha, kunkumam, crown and sword are Rs.35/- each. As discernible from Ext.P1, the price fixed by Travancore Devaswom Board in respect of the kuthaka holders at Sabarimala for saram and kacha