Partly allowed

Sabarimala Ayyappa Seva Samajam v. the State of Kerala

Kerala HC6 Dec 2021WP(C)/26623/2021

Case brief

AI extract

What is this about?

This Court declined to interfere with the Travancore Devaswom Board's decision to deny the petitioner's request for independent Annadanam services pending safety protocols. The Court allowed the petitioner to join the Board by providing men, materials, or funds.

What did the court decide?

Interference declined on Board's refusal. Petitioner permitted to join Board with men/materials/funds; Board to decide; petition to challenge other grant kept open.

Sabarimala Ayyappa Seva Samajam Vs the State of Kerala — Property and Title | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 6^TH DAY OF DECEMBER 2021/15TH AGRAHAYANA, 1943 WP(C) NO. 26623 OF 2021

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PETITIONER:

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SABARIMALA AYYAPPA SEVA SAMAJAM REGISTRATION NO 226/2008, ADMINISTRATIVE OFFICE: AYYAPPA VIHAR, SHIVA TEMPLE ROAD, VIYYUR, THRISSUR-680 010 REPRESENTED BY ITS GENERAL SECRETARY ERODE N .RAJAN

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BY ADVS.N.N.SUGUNAPALAN (SR.) S.SUJIN NAVANEETH D.PAI

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCOE, THIRUVANANTHAPURAM-695 003, REPRESENTED BY ITS SECRETARY

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3 THE COMMISSIONER OF DEVASOM, DEVASOM HEAD QUARTERS, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

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R BY BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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SRI S RAJMOHAN- SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 26623 OF 2021

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner Trust, which is having registration under the Indian Trust Act and governed by Ext.P1 Trust Deed dated 13.11.2008, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding Travancore Devaswom Board to consider their request in Ext.P9 representation dated 25.10.2021 to grant permission for conducting Annadanam in Sabarimala Sannidhanam, Pamba, Nilakkal and Erumeli during the Mandalapooja Makaravilakku Festival starting from 15.11.2021 till 20.01.2022 and Meda Vishu Festival in April 2022 and in the future years also.

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Going by the averments in the writ petition, the petitioner was conducting Annadanam in Sabarimala since 2011, as permitted by Travancore Devaswom Board. It was conducted by utilising the funds generated by the members of the petitioner Trust and no money is collected from the pilgrims, who are using the facility. On many occasions, this Court acknowledged the services rendered by the petitioner

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Trust. In order to substantiate the said fact, the petitioner has placed on record Ext.P2 order dated 05.10.2020 in DBP No.67 of 2010 and Ext.P3 order dated 17.11.2011 in DBP No.70 of 2009 and connected cases. During the year 2017, permission was declined to all organisations for conducting Annadanam. However, by the order dated 14.11.2017 in W.P.(C)No.26754 of 2017, this Court directed the Tranvancore Devaswom Board to permit Akhila Bharatha Ayyappa Seva Sangham to conduct Annadanam. The request made by the petitioner in Ext.P9, as already noticed hereinbefore, is for conducting Annadanam at the places mentioned above, during the current Mandalam Makaravilakku Festival, Meda Vishu Festival in April 2022, etc.

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On 25.11.2021, when this writ petition came up for admission along with W.P.(C)No.26622 of 2021, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions and file statement. In the said order, this Court made it clear that in the statement the respondents shall state the facilities presently available for Annadanam at Sabarimala and also the number of devotees who had availed that facility during the current Mandala-

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WP(C) NO. 26623 OF 2021

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Makaravilakku season.

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A statement has been filed by the learned Standing Counsel for Travancore Devaswom Board on behalf of respondents 2 and 3. The petitioner has filed reply affidavit producing therewith Ext.P12 photographs of sheds and equipments used for Annadanam.

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During the course of arguments, the learned Standing Counsel for Travancore Devaswom Board would point out that the sheds in Ext.P12 photographs are constructed by the Devaswom Board for providing “Viri” facility to the pilgrims.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent and also the learned Standing Counsel for Travancore Devaswom Board.

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The specific stand taken in the statement filed on behalf of respondents 2 and 3 is that, petitioner Truest does not have any paraphernalia at Sannidhanam, Pamba, etc. to conduct Annadanam independently. Since the safety of the pilgrims is the prime concern of the Board, it cannot permit

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any other organisation to conduct Annadanam independently.

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But the petitioner can join with the Board for Annadanam by providing men and materials and can transfer funds to the Annadanam Trust Fund of the Board, which will be exclusively used for that purpose.

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On the facilities presently available for Annadanam at Sabarimala and the number of devotees who had availed those facilities during Mandala-Makaravilakku festival 202122, it is stated in the statement filed on behalf of respondents 2 and 3 that, the Travancore Devaswom Board has constructed Annadanam hall at Sannidhanam, with more than 1,40,000 sq.ft. area, with a seating capacity of 5,000 persons at a time. The Board has made arrangements to provide drinking water and chukku vellam to pilgrims at Annadanam hall and also at different points, throughout the trekking path. The Board has appointed a Special Officer to coordinate the activities relating to Annadanam, without giving room for any complaint. Annadanam is being provided during day and night continuously, with a short intermittent break of 30 minutes for cleaning the Annadanam hall and tables, strictly observing

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COVID-19 protocol. In the morning, from 6 a.m. to 11 a.m. upma and kadala is given; from 12 noon to 3.30 p.m. rice pulav and upma are given till the last person leaves Sannidhanam. In case it is decided to provide accommodation and viri facilities at Sannidhanam, then Annadanam will be provided round the clock. Chukku kappi is also being provided

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all the time. The Board has also constructed a building at Pampa in 2 floors, which has the capacity to provide food for 400 pilgrims at a time. Board has also made sufficient arrangements for Annadanam at Nilakkal.

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The specific stand taken in the statement filed on behalf of respondents 2, 3 and 5 is that, the Board is not in a position to provide sufficient infrastructural or other facilities to organisations to enable them to prepare and serve food in Sabarimala, Pamba and Nilakkal observing COVID-19 protocol. It will not be advisable to entrust private organisations to provide Annadanam in the present pandemic situation, without sufficient mechanisms to maintain hygienic standards, safe distancing and sanitation facilities.

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During Mandala-Makaravilakku festival 2021-22,

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the Board has permitted Akhila Bharata Ayyappa Seva Sangham, which has independent infrastructural facilities to cook and serve food, to provide free food to devotees at Sannidhanam and Pamba, strictly in terms of the conditions stipulated in Annexure R2(a) judgment of this Court dated 14.11.2017 in W.P.(C)No.26754 of 2017, whereby that organisation was permitted to provide free food/Annadhanam to devotees at Sannidhanam and Pamba during MandalaMakaravilakku season and during all days in which Sabarimala Temple remains open in connection with monthly pooja, annual festival, vishu, onam, etc.

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In the statement, the specific stand taken by the Travancore Devaswom Board is that, during MandalaMakaravilakku festival 2021-22, considering the safety of the pilgrims it cannot permit any other organisation to conduct Annadanam independently. But the petitioner society can join with the Board for Annadanam by providing men and materials and can transfer funds to the Annadanam Trust Fund of the Board, which will be exclusively used for that purpose. The decision taken by the Board, considering the

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safety of the pilgrims during COVID-19 pandemic situation, that it cannot permit any other organisation to conduct Annadanam independently, warrants no interference in exercise of the discretionary jurisdiction of this Court under Article 226 of the Constitution of India.

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The learned counsel for the petitioner would submit

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that the petitioner proposes to challenge the grant of permission to Akhila Bharatha Ayyappa Seva Sangham for conducting Annadanam, in an independent proceedings.

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In the above circumstances, interference is declined on the decision taken by the Travancore Devaswom Board not to permit the petitioner society to conduct Annadanam independently during Mandala-Makaravilakku festival 2021-22. However, it will be open to the petitioner Trust to join with the Board for conducting Annadanam by providing men and materials and can transfer funds to the Annadanam Trust Fund of the Board, which will be exclusively used for that purpose. It will be open to the petitioner Trust, in case it does not want to transfer the funds for conducting Annadanam to the Travancore Devaswom Board, to offer men

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WP(C) NO. 26623 OF 2021

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and materials to the Board to perform Annadanam and in case of such an offer, the Board shall take appropriate decision thereon. In case the petitioner Trust is prepared only to supplement men and materials, the Trust shall intimate the Executive Officer, Sabarimala regarding the same and on getting such information, it will be open to the Executive Officer to let know the Trust the type of materials, vegetables, etc., required for Annadanam so as to enable them to supply such materials and vegetables. It is made clear that, if the petitioner Trust is permitted to provide men, they shall abide by the instructions of the Executive Officer or such officer deputed by him to co-ordinate Annadanam.

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This writ petition is disposed of as above, leaving open the contentions raised by the petitioner against grant of permission to Akhila Bharatha Ayyappa Seva Sangham to conduct Annadanam at Sabarimala.

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Sd/- ANIL K.NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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AV/7/12

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WP(C) NO. 26623 OF 2021

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APPENDIX OF WP(C) 26623/2021

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE TRUST DEED DATED 13.11.2008 OF THE PETITIONER TRUST Exhibit P2 A TRUE COPY OF ORDER DATED 5.10.2020 IN DBP 67/2010 PASSED BY THIS HON'BLE COURT Exhibit P3 A TRUE COPY OF ORDER DATED 17.11.2011 IN DBA 53/2010 AND CONNECTED CASES PASSED BY THIS HON'BLE COURT Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 13.3.2018 IN WPC NO 34182/2017 PASSED BY THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 29.10.2018 IN WPC NO 27138/2018 PASSED BY THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE ORDER DATED 20.11.2018 ISSUED BY TRAVANCORE DEVASWOM BOARD Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 24.10.2019 SUBMITTED BY THE PETITIONER BEFORE TRAVANCORE DEVASOM BOARD Exhibit P8 A TRUE COPY OF THE ORDER NO ROC NO 22568/2018/SB DATED 16.11.2019 ISSUED ON BEHALF OF 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE APPLICATION DATED 25.10.2021 SUBMITTED BY THE PETITIONER TO THE TRAVANCORE DEVASOM BOARD Exhibit P10 TRUE COPY OF THE PHOTOGRAPHS OF THE ANNADHANAM.

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WP(C) NO. 26623 OF 2021

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Exhibit P11 THE TRUE COPY OF THE INTERIM ORDER DATED 8.1.2020 IN WPC NO 31920/2019

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Exhibit P12 THE TRUE COPY OF THE PHOTOGRAPHS OF THE SHED AND EQUIPMENTS USED FOR ANNADANAM

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RESPONDENTS' EXHIBITS

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ANNEXURE R2(a) TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C)NO.26754/2017 DATED 14.11.2017

Sabarimala Ayyappa Seva Samajam v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sabarimala Ayyappa Seva Samajam v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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