Kerala High Court
Sagar Enterprises vs State Of Kerala on 3 October, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:75247
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
W.P.(C) NO. 16020 OF 2024
PETITIONER:
SAGAR ENTERPRISES
OSHO ROAD, SECTOR 08, GUJARAT, REPRESENTED BY
ITS POWER OF ATTORNEY HOLDER, NIDHIN
DHANAPALAN, S/O.DHANAPALAN, AGED 31 YEARS
RESIDING AT ANAKKUZHIKKAL, PUTHANANGADI,
VARANAM P.O., VARANAM S.O., ALAPPUZHA DISTRICT,
KERALA, PIN - 688555.
BY ADVS.
SRI.S.SANAL KUMAR (SR.)
VIJAI MATHEWS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2024:KER:75247
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W.P.(C) No.16020 of 2024
2 DEPUTY DIRECTOR
TRAVANCORE DEVASWOM AUDIT, KERALA STATE AUDIT
DEPARTMENT, NANTHANCODE, THIRUVANANTHPURAM,
PIN - 695003.
3 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003.
4 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS,
NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695005.
5 CHIEF VIGILANCE AND SECURITY OFFICER
(SUPERINTENDENT OF POLICE VIGILANCE)
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003.
6 EXECUTIVE OFFICER SABARIMALA
SABARIMALA.P.O, PATHANAMTHITTA, PIN - 689662.
R1 & R2 BY SRI RAJMOHAN S, SR GP
R3 TO R6 BY SRI G BIJU, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:75247
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W.P.(C) No.16020 of 2024
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.16020 of 2024
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Dated this the 3rd day of October, 2024
JUDGMENT
P.G.Ajithkumar, J.
The petitioner is the auction purchaser of kuthaka right in respect of supply of pooja and other articles at Sabarimala and Malikappuram Temples. One of the items he bid is supply of flowers for pushpabhishekam. Each day during the season, there would be 30 pushpabhishekams in the Sabarimala Temples, on an average. It may even go upto 130 per day. Fees for a pushpabhishekam in the Temple is Rs.12,500/-. Out of the said fees, Rs.7,500/- is paid to the kuthaka holder and the remaining Rs.5,000/- is the muthalkoott. Earlier flowers were supplied to the Temples for pushpabhishekam in steel baskets. Now, bamboo baskets are being used to supply flowers. The petitioner has been supplying flowers without any fault or giving room for any complaint. The petitioner would ensure that a minimum quantity of 750 grams of each item of 2024:KER:75247 4 W.P.(C) No.16020 of 2024 flower is supplied, as though, the Travancore Devaswom Board did not give any specific direction in regard to the required quantity of different items of flowers for the performance of pushpabhishekam.
2. The petitioner came to know that this Court passed an order in DBP No.130 of 2023 concerning the quantity of flowers, haram and kireedam to be used for pushpabhishekam at Sabarimala Temple. The Chief Vigilance and Security Officer was directed to have a constant vigil in the matter and ensure that sufficient quantities of flowers are used for pushpabhishekam. Since the said direction was against the tender conditions, the petitioner has filed a review petition in the said DBP as R.P.No.885 of 2024. In the meantime, the Executive Officer, Sabarimala, in pursuance of Ext.P7 report submitted by the Chief Vigilance and Security Officer, issued a show cause notice, a copy of which is Ext.P8, informing the petitioner that he was not supplying required quantity of materials for pushpabhishekam resulting in widespread complaints and to show cause why the kuthaka right in his 2024:KER:75247 5 W.P.(C) No.16020 of 2024 favour should not be cancelled. Challenging the said show cause notice the petitioner has filed this writ petition seeking a writ of certiorari or any other appropriate writ, order or direction, quashing the entire proceedings initiated against the petitioner based on Exts.P7 and P8.
3. On 16.04.2024, this Court after hearing the learned counsel for the petitioner, the Senior Government Pleader and the Standing Counsel for the Travancore Devaswom Board granted an interim order staying operation of Ext.P8 notice for a period of two months. The said order was extended from time to time. When this matter came up for consideration on 13.06.2024 pendency of the review petition DBP No.130 of 2023 was brought to the notice of this Court.
4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader and the learned Standing Counsel for the Travancore Devaswom Board.
5. DBP No.130 of 2023 along with SSCR No.43 of 2023 was disposed of by the order dated 17.01.2024. Paragraph No.6 of the said order reads as follows:
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"6. In the further report dated 18.12.2023, the Special Commissioner, Sabarimala has pointed out that the power of attorney of the kuthaka holder is staying in Sabarimala for conducting 'Pushpabhishekam' who has remitted Rs.96,600/- on 17.11.2023 and availed on rent room No.422 in Pranavam Pilgrim Centre for 141 days. The quantity of flowers other than one Haaram (garland) and one Kireedam (crown) used for 'Pushpabhishekam' is furnished in paragraph 2 of the further report. From the further report of the Special Commissioner, Sabarimala and the report of the Chief Vigilance and Security Officer (Superintendent of Police), enclosed therewith, we notice that steps have already been taken to ensure that irregularities detected in 'Pushpabhishekam' vazhipadu during the previous season on the quantity of flowers, garlands, etc. and the number of devotees who are allowed special darshan are not repeated during the current season. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to direct the Chief Vigilance and Security Officer, Travancore Devaswom Board to have a constant vigil on the conduct of 'Pushpabhishekam' vazhipadu in Sabarimala Sannidhanam to ensure that the required quantity of flowers, haaram and kireedam is used for each vazhipadu and that more than five devotees are not allowed special darshan at Sannidhanam in respect of each vazhipadu. Any attempt by the Devaswom employees or police personnel to provide special darshan to their friends or relatives shall also be prevented by the Vigilance Wing of the Travancore Devaswom Board."
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6. Challenging the directions in that order, the petitioner has filed R.P.No.885 of 2024. He contended that the said directions were against the terms and conditions in the tender notification and the agreement concerning the kuthaka right granted to him. This Court, after considering the rival contentions, dismissed the review petition, subject to the observations made therein. The essential observation is that the direction contained in the order dated 17.01.2024 was to ensure supply of required quantity of flower, haram and kireedam for each pushpabhishekam vazhipadu at Sabarimala Sannidhanam. Pendency of this writ petition concerning the same subject matter was also noted.
7. As stated hereinbefore, this Court in terms the order dated 17.01.2024 in DBP No.130 of 2023 directed the Chief Vigilance and Security Officer, Travancore Devaswom Board to have a constant vigil on the conduct of 'Pushpabhishekam' vazhipadu in Sabarimala Sannidhanam and ensure that the required quantity of flowers, haaram and kireedam is used for each vazhipadu. Of course, in the tender notification, Ext.P2 and 2024:KER:75247 8 W.P.(C) No.16020 of 2024 the general conditions of tender notification, Ext.P3 or the terms and conditions of the agreement between the petitioner and the Devaswom, Ext.P5, the weight or quantity of the flowers required to be supplied for pushpabhishekam has not been precisely mentioned. That does not mean that the Devaswom Board cannot insist on supplying the required quantity of flowers, haram and kireedam for each pushpabhishekam vazhipadu in conformity to the existing practice. The Devaswom Board as well as the Chief Vigilance and Security Officer have the absolute obligation to ensure that the required quantity of flowers, haram and kireedam are supplied by the petitioner, who is the kuthaka holder. When Ext.P8 order was issued by the Executive Officer, Sabarimala, taking into account those aspects, the petitioner is liable to submit his explanation to the notice. In the above circumstances, we are of the view that this writ petition is liable to be disposed of leaving the matter to be decided by the 4 th respondent-Commissioner and the Board after taking into account every aspects of the matter and the observations made hereinbefore.
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8. Accordingly, this writ petition is disposed of directing the petitioner to submit his explanation to Ext.P8 show cause notice within a period of 15 days from the date of receipt of a copy of this judgment. The 4 th respondent shall take an appropriate decision in the matter within a period of one month thereafter. The contentions of the parties are left open.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr 2024:KER:75247 10 W.P.(C) No.16020 of 2024 APPENDIX OF WP(C) 16020/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 3.8.2023 EXHIBIT P2 TRUE COPY OF THE TENDER NOTIFICATION NO. DB ROC 4/23/SABARIMALA (KUTHUKA), DATED 7-8-2023 EXHIBIT P3 TRUE COPY OF THE GENERAL CONDITIONS OF TENDER NOTIFICATION NO. DB ROC 4/23 SABARIMALA (KUTHUKA) DATED 7-8-2-2023 EXHIBIT P4 TRUE COPY OF THE KUTHUKA CERTIFICATE DATED 25.112023 EXHIBIT P5 TRUE COPY OF THE SPECIMEN OF THE TERMS AND CONDITIONS OF THE AGREEMENT, DATED NIL EXHIBIT P6 TRUE COPY OF THE ORDER PASSED IN DBP NO. 130/2023 DATED 17-01-2024 EXHIBIT P7 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE ADMINISTRATIVE OFFICER, SABARIMALA DATED 3.4.2024 EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA DATED 13-4-2024 EXHIBIT- P9 TRUE CERTIFIED/ATTESTED COPY OF THE ORIGINAL POWER OF ATTORNEY DATED 03- 08-2023 ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA