The court upheld the right of the Travancore Devaswom Board to regulate procurement sources for Kuthaka items, prioritizing safety and fair trading practices in pilgrimage contexts.

JUDGMENT

Anil K. Narendran, J.

W.P.(C)Nos.29371 of 2023 and 29762 of 2023:- The issue raised in these writ petitions relates to Kuthaka items 84A and 84B in the e-tender notification dated 23.08.2023 issued by the 4th respondent Executive Officer, Sabarimala. The petitioners in these writ petitions, some of whom were successful bidders who conducted hotels in Sabarimala Sannidhanam and Pamba during previous Mandala Makaravilakku festival seasons, have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Kuthaka items 84A and 84B in the e-tender notification dated 23.08.2023 issued by the Executive Officer, Sabarimala is void and inoperative; a writ of mandamus commanding the Travancore Devaswom Board not to enter into any agreements in respect of Kuthaka items 84A and 84B in the e- tender notification dated 23.08.2023; a declaration that the Travancore Devaswom Board cannot compel the traders like the petitioners to buy fruits and soft drinks from the Kuthaka holders under Kuthaka items 84A and 84B; a writ of mandamus commanding the Travancore Devaswom Board to cancel the tender for Kuthaka items 84A and 84B in the e-tender notification dated

23.08.2023.

2. In W.P.(C)No.29371 of 2022 , the Special Commissioner, Sabarimala was arrayed as the 6th respondent. By the order dated 11.09.2023 in I.A.No.1 of 2023, the said respondent was deleted from the party array.

3. On 11.09.2023, when the above writ petitions came up for consideration, the learned Government Pleader and the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions. The learned Standing Counsel submitted that counter affidavits on behalf of the Board shall be placed on record on 12.09.2023.

4. Today, when these writ petitions are taken up for consideration, counter affidavits on behalf of the Travancore Devaswom Board are placed on record, producing therewith Ext.R3(a) report dated 15.01.2023 of the Chief Vigilance and Security Officer (Superintendent of Police).

5. Heard the learned counsel for the petitioners in the respective writ petitions, the learned Senior Government Pleader and the learned Standing Counsel for Travancore Devaswom Board.

6. The issue that requires consideration in these writ petitions is as to whether any interference is warranted on the e- tender notification dated 23.08.2023 issued by the Executive Officer, Sabarimala, to the extent it includes Kuthaka items 84A and 84B in the list of Kuthaka items in Sabarimala, Pamba and Nilakkal Devaswoms for the year 1199 ME (2023-24), during Mandala Makaravilakku festival season for the period from 11.11.2023 till

31.10.2024.

7. The list of Kuthaka items, which forms part of the e- tender notification dated 23.08.2023, includes hotels, light refreshment stalls, a stall for selling packed food, fruit stalls and fruit and juice stalls. According to the petitioners, they cannot be forced to procure fruits, soft drinks, etc., falling under Kuthaka items 84A and 84B from the Kuthaka holders under those items.

8. The specific stand taken in the counter affidavits filed on behalf of the Travancore Devaswom Board in both the writ petitions is that Kuthaka items 84A and 84B are introduced during Mandala Makaravilakku festival season of 1199 ME onwards, since the Vigilance Wing of the Board, on inspection during Mandala Makaravilakku festival season of 1198 ME, found that certain persons have unauthorisedly transported and stocked fruits, vegetables and bottle drinks in Pamba Devaswom premises and supplied those items to the Kuthaka holders, without any permission or licence from the Travancore Devaswom Board. The report of the Chief Vigilance and Security Officer is placed on record as Ext.R3(a), in which he has made a recommendation to include the supply of the above items as Kuthaka items from the year 1199 ME onwards to stop the unauthorised supply of fruits, vegetables, soft drinks, etc. In the counter affidavit, it is stated that the v