The court reinforced the authority of the Travancore Devaswom Board to regulate trade practices at pilgrimage sites to protect public health and comply with religious traditions.

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is the Kuthaka holder in respect of Kuthaka item 84A in Ext.P1 list of Kuthaka items in Sabarimala Devaswom for the year 1199 ME (from 11.11.2023 till 31.10.2024), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Station House Officer, Pamba Police Station and the 6th respondent Executive Officer, Sabarimala to consider Ext.P5 representation dated 15.11.2023, Ext.P6 representation dated 14.11.2023 and Ext.P7 representation dated 16.11.2023 and pass appropriate orders thereon, without any delay. The petitioner has also sought for a writ of mandamus commanding the 5th respondent Travancore Devaswom Board and the Police to take action against those who are involved in illegal and unauthorised procurement of fruits and other items mentioned in Kuthaka items

84A and 84B in Ext.P1 list of Kuthaka items.

2. Going by the averments in the writ petition, pursuant to the e-tender notification dated 23.08.2023 issued by the 6th respondent Executive Officer, Sabarimala, the petitioner participated in the e-tender process and became the successful bidder in respect of Kuthaka item 84A in Ext.P1 list of Kuthaka items, for a sum of Rs.62,36,236/- plus 18% GST. The petitioner remitted an amount of Rs.32,31,583/- on 25.09.2023 and a further sum of Rs.22,00,000/- on 01.11.2023. In terms of the e-tender notification, fruits, soft drinks, etc., covered by Kuthaka items 84A and 84B, intended for supply to Kuthaka holders of hotels, light refreshment stalls, etc. at Pamba and Sannidhanam have to be stocked for supply in the earmarked space provided in Clause XV of the special conditions, which forms part of the e-tender notification issued by the 6th respondent Executive Officer, Sabarimala. A permit from the 6th respondent Executive Officer is required for transporting such items to the earmarked space, in view of sub- clause (8) of Clause XV. The grievance of the petitioner is that respondents 8 to 12, who are Kuthaka holders in Sabarimala Devaswom for the year 1199 ME, who are conducting hotels and stalls are illegally procuring fruits and other items included in Kuthaka items 84A and 84B, unauthorisedly. Such Kuthaka holders are procuring fruits, soft drinks, etc., from unauthorisedly sellers. Pointing out the said grievance, the petitioner submitted Exts.P5 to P7 representations before respondents 3 and 6.

3. On 22.11.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 4. The learned Standing Counsel for Travancore Devaswom Board for respondents 5 to 7. Notice on admission by special messenger was ordered to respondents 8 to 12, returnable by 24.11.2023. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions, with specific reference to the incident pointed out in Ext.P5 representation made by the petitioner before the 3rd respondent Station House Officer, Pamba Police Station.

4. By the order dated 22.11.2023, the 2nd respondent District Collector, Pathanamthitta, the 4th respondent District Police Chief, Pathanamthitta and the 3rd respondent Station House Officer, Pamba Police Station were directed to take necessary steps to ensure that there is no supply of items covered by Kuthaka items 84A and 84B in Ext.P1 list of Kuthaka items in the e-tender notification dated 07.08.2023, by unauthorised traders, to the Kuthaka holders, who are conducting hotels, light refreshment stalls, etc., at Sannidhanam, Pamba and Nilakkal. In the said order, it was made clear that no goods vehicles, without proper pass issued by the 6th respondent Executive Officer, Sabarimala, shall be permitted entry from Nilakkal.

5. Respondents 8, 9 and 11 have filed I.A.No.1 of 2023, producing therewith Exts.R11(a) to R11(c) documents, seeking modification of the order of this Cour