Kerala High Court
Suo Motu vs State Of Kerala on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA,
1943
DBP NO. 3 OF 2022
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB
PROCEEDINGS INITIATED - REG.
------------
PETITIONER:
SUO MOTU
Suomotu
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE PRINCIPAL SECRETARY
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
3 TRAVANCORE DEVASWOM BOARD - TDB
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM-695003
4 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR
POST, THIRUVANANTHAPURAM - 695003
5 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA - 689645
6 THE DISTRICT POLICE CHIEF
PATHANAMTHITTA - 689645
D.B.P No.3 of 2022
-2-
7 THE CHIEF VIGILANCE SECURITY OFFICER
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM- 695003
8 THE DISTRICT MEDICAL OFFICER (HEALTH)
CIVIL STATION, PATHANAMTHITTA - 689645
9 THE DEPUTY DIRECTOR
PERIYAR WEST FOREST DIVISION, PEERUMEDU (PO),
PIN 685531
10 SHRI NANDKISHORE BAJORIA CHARITABLE TRUST
REPRESENTED BY ITS MANAGING TRUSTEE, KAILAS, A-
19, FRIENDS COLONY, EAST NEW NEW DELHI - 110065
R8 TO R10 IMPLEADED AS ADDL R8 TO R10 AS PER
ORDER DATED 4/2/2022 IN DBP 3/2022.
11 THE FOREST RANGE OFFICER,
PAMPA RANGE, VALLAKADAVU.P.O, VANDIPERIYAR
(VIA) IDUKKI-685553
R11 IS SUO MOTU IMPLEADED AS ADDL R11 AS PER
ORDER DATED 10/02/2022 IN DBP 3/2022
BY ADVS.
GOVERNMENT PLEADER
G.BIJU
R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
R.PRATHEESH (ARANMULA)
SRI S.RAJMOHAN-SR GOVERNMENT PLEADER ; SRI
NAGARAJ NARAYANAN- SPL GP(FORESTS); SRI G.BIJU-
SC,TDB ; SRI N.RAGHURAJ-AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
D.B.P No.3 of 2022
-3-
ORDER
Anil K. Narendran, J.
On 03.02.2022, a news item appeared in Mathrubumi
daily that the Travancore Devaswom Board has leased out
Pamba-Triveni Manalppuram to a Trust for conducting
programme by name 'Ramakatha', from 19.02.2022 till
27.02.2022. As per that news report, the Board has already
issued orders in this regard. Under the initiative of the said
Trust, Pamba-Triveni Manalppuram and surroundings are
cleaned. Activities relating to erection of 'pantal' are going on.
The parking area and helipad at Nilakkal are also leased out on
depositing rent and necessary charges for supply of electricity
and water. Nilakkal and Pamba are 'High Security Zone' and
there is no clarity as to whether Police clearance has already
been obtained for conducting the programme and use of
helipad.
2. On 03.02.2022, Registry was directed to initiate suo
motu proceedings based on the aforesaid news item and list
the matter before the Devaswom Bench, on that day itself. A
copy of the D.B.P. was ordered to be issued to the learned
State Attorney, the learned Standing Counsel for the
D.B.P No.3 of 2022
Travancore Devaswom Board and also to the learned Amicus
Curiae for the Special Commissioner, Sabarimala.
3. On 04.02.2022, when this D.B.P. was taken up for
consideration, the learned Standing Counsel for the Travancore
Devaswom Board has filed a statement producing therewith
Ext.R3(a) request dated 26.08.2021 made by Shri
Nandkishore Bajoria Charitable Trust seeking permission to
organise a 9 day programme by name 'Ramakatha' by Morari
Bapu in Pamba from 09.10.2021 to 17.10.2021; Annexure
R3(b) order dated 31.12.2021 of the Secretary of the
Travancore Devaswom Board, whereby permission has been
granted for conducting that programme, subject to the
conditions stipulated therein, from 19.02.2022 to 27.02.2022;
Ext.R3(c) communication dated 27.01.2022 of the District
Medical Officer (Health), Pathanamthitta, addressed to the
Managing Trustee of Shri Nandkishore Bajoria Charitable Trust,
advising to conduct the programme online, since
Pathanamthitta District is included in 'Category C', considering
the total number of Covid cases; and Ext.R3(d) communication
dated 28.01.2022 of the Executive Officer, Sabarimala, to the
District Collector, Pathanamthitta, regarding the conduct of the
D.B.P No.3 of 2022
aforesaid programme.
4. By the order dated 04.02.2022, the District Medical
Officer (Health), Pathanamthitta, the Deputy Director, Periyar
West Forest Division, Peerumedu, and Shri Nandkishore
Bajoria Charitable Trust, represented by its Managing Trustee,
were suo motu impleaded as additional respondents 8 to 10 in
this D.B.P. The learned Senior Government Pleader took notice
for respondents 1, 2, 5 and 6 and the learned Special
Government Pleader (Forest) took notice for the additional 9 th
respondent. The learned Standing Counsel for the Travancore
Devaswom Board took notice for respondents 3, 4 and 7.
Urgent notice through e-mail was ordered to the 10th
respondent, returnable by 07.02.2022.
5. On 07.02.2022, the 10th respondent entered
appearance through counsel and sought time to file counter
affidavit. The learned Senior Government Pleader sought time
to get instructions on the permission/clearance granted to the
10th respondent to conduct programme by name 'Ramakatha'
in Pamba, from 19.02.2022 to 27.02.2022, and also for use of
Helipad at Nilakkal.
6. On 10.02.2022, the Forest Range Officer, Pamba
D.B.P No.3 of 2022
Range was suo motu impleaded as the additional 11th
respondent. The learned Special Government Pleader (Forest)
entered appearance for the additional 11th respondent. The
10th respondent filed a counter affidavit producing therewith
Exts.R10(a) to R10(j) documents. The learned counsel for the
10th respondent submitted that said respondent has already
sought permission for conducting the programme at Pamba, by
submitting applications before the concerned authorities. The
learned Senior Government Pleader, on instructions, submitted
that the 6th respondent District Police Chief is yet to be
informed about the conduct of such a programme at Pamba by
the 10th respondent. The Station House Officer, Pamba Police
Station, vide Ext.R10(e) letter dated 01.02.2022 has already
informed the 10th respondent about the restrictions imposed by
the District Administration in connection with Covid-19
pandemic. On Ext.R10(c) request made by the 10th respondent
to provide Elephant Squad at Pamba, the Chief Wildlife Warden
is awaiting the legal opinion from the learned Special
Government Pleader (Forest).
7. The learned Senior Government Pleader, on
instructions from the Range Forest Officer, Pamba, pointed out
D.B.P No.3 of 2022
that, the land at Pamba is leased out to the Travancore
Devaswom Board for the specific purpose of pilgrim support,
which cannot be used for any other purpose. The helipad at
Nilakkal is under the control of the Travancore Devaswom
Board. Neither the District Administration nor the District
Police are informed about the use of that helipad in connection
with the programme of the 10th respondent. By the order
dated 10.02.2022, the learned Standing Counsel for the
Travancore Devaswom Board was directed to get instructions
on the use of helipad at Nilakkal in connection with the
programme in question. The learned Senior Government
Pleader was directed to file a statement, based on the
instructions already received, by 11.02.2022, and to get
instructions as to whether Pathanamthitta District still falls
under 'C Category'. The learned counsel for the 10 th
respondent submitted that the said respondent has already
identified another helipad, in case there is any issues in using
the helipad at Nilakkal, for want of clearance.
8. On 14.02.2022, the 5th respondent District Collector
has filed a statement dated 10.02.2022. The additional 9 th
respondent Deputy Director, Periyar West Forest Division, has
D.B.P No.3 of 2022
also filed a statement dated 10.02.2022. The petitioner has
filed a reply affidavit dated 14.02.2022. The learned Senior
Government Pleader, the learned Special Government Pleader
(Forest), the learned Standing Counsel for the Travancore
Devaswom Board and also the learned counsel for the 10th
respondent were heard. The learned Special Government
Pleader (Forest) sought time to get further instructions from
the 9th respondent. By the order dated 14.02.2022, the
learned Standing Counsel for Travancore Devaswom Board was
directed to make available for the perusal of this Court few
photographs of the temporary structures put up by the 10 th
respondent and the matter was ordered to be listed at 4.00
pm for further consideration.
9. On 14.02.2022, when this D.B.P. was taken up
again at 4.00 p.m., the learned Special Government Pleader
(Forest) made available for the perusal of this Court a copy of
G.O.(Ms.)No.410/70/Agri dated 28.12.1970, leasing out 10
acres of forest land on the right side of the route from Pamba
kadavu to the Sannidhanam to the Travancore Devaswom
Board, subject to the terms and conditions stipulated therein.
The learned Special Government Pleader and also the learned
D.B.P No.3 of 2022
Standing Counsel for Travancore Devaswom Board made
available for the perusal of this Court, few photographs of the
temporary structures put up by the 10th respondent. The
learned Special Government Pleader sought time to produce a
typed copy of the Government Order dated 28.12.1970. While
listing this D.B.P. to 15.02.2022 for further consideration, it
was made clear that, it would be open to the learned Standing
Counsel for the Travancore Devaswom Board to file additional
affidavit of the 3rd respondent, if found necessary.
10. On 15.02.2022, when this D.B.P. came up for
consideration, the learned Standing Counsel for the Travancore
Devaswom Board filed an additional statement on behalf of the
3rd respondent, producing therewith Annexure R3(e) Civil
Aviation Requirements (CAR), which deals with Minimum
Safety Requirements for Temporary Helicopter Landing Area;
and Annexure R3(f) communication dated 14.06.2019 of the
Ministry of Civil Aviation, wherein it is stated that the
Helicopter operators only need to inform the District
authorities of their operations and are not required to take
approval. The learned Special Government Pleader (Forest)
made available for perusal of this Court few photographs of the
D.B.P No.3 of 2022
temporary structures put up by the 10 th respondent at Pamba
Manalppuram, with copy to the learned Standing Counsel for
the Travancore Devaswom Board and also the learned counsel
for the 10th respondent (through WhatsApp).
11. Going by the avernments in the counter affidavit
filed on behalf of the 10 th respondent Shri Nandkishore Bajoria
Charitable Trust, seeking permission to conduct a nine-day
programme 'Ramakatha' at Pamba, from 19.02.2021 till
27.02.2022 by Morari Bapu, who is a spiritual Guru and
exponent of 'Ramacharithamanasam', the Trust submitted
Ext.R10(a) application dated 24.11.2021 before the Executive
Officer, Pamba. It is stated in Ext.R10(a) application that the
programme organised and sponsored by the Trust, with a
limited audience of 40-60 people, will be aired live on Aastha
TV channel. As per Ext.R10(a) application, the requirements
for the programme are as follows; New Annadhana Mandapam
- full building - kitchen dining and labour stay (50 to 100
staff); space for putting up 10 to 30 VIP tents in the space
between new and old Annadhana Mandapam; 10,000 sq.ft.
space at Pamba Manalppuram from Triveni Bridge to Foot
Bridge for VIP tents and 'Katha Pandal'; space at Pamba
D.B.P No.3 of 2022
Manalppuram from Foot Bridge Aarattu Kadavu for temporary
house for Morari Bapu; 10 rooms at Pamba; parking space for
cars; Nilakkal helipad; water and electricity, permission to
shoot the event and make it live in Aastha TV channel;
recommendation to Forest and Health Departments;
recommendation to Police and Fire Services; arrangement for
Sabarimala darshan of Morari Bapu on 17.02.2022. The Trust
sought permission to have access to the aforesaid space and
facility from 21.01.2022.
12. In the counter affidavit, it is stated that, the 10th
respondent decided to conduct 'Ramakatha' recitation by
Morari Bapu at Pamba Manalppuram, as it was a long
cherished wish of Morari Bapu to recite 'Ramakatha' at Pamba,
as it is believed that Sree Rama and Lakshmana have
conducted the ritual of 'bali' of their father at Pamba. With a
request to conduct 'Ramakatha' recitation by Morari Bapu at
Pamba Manalppuram, the 10th respondent approached the
Travancore Devaswom Board, earlier in the year 2020.
Thereafter, in the year 2021, the 10 th respondent submitted
Exhibit R10(a) application before the Board seeking
permission. Based on that application, the Board granted
D.B.P No.3 of 2022
permission to the 10th respondent to conduct the programme
'Ramakatha' at Pamba Manalppuram, from 19.02.2022 till
27.02.2022, subject to the terms and conditions to be insisted
by the Board, and in accordance with the directions issued by
the officers in the Devaswom and Maramath wings and also
the Superintendent of Police (Vigilance and Security). The
decision taken by the Board was communicated to the
Devaswom Commissioner, vide Ext.R10(b) communication of
the Board, dated 31.12.2021.
13. The 10th respondent submitted Ext.R10(c)
application dated 24.01.2022 before the Chief Wildlife Warden
for providing Elephant Squad at Pamba, from 24.01.2022 to
28.02.2022, since they will be starting the cleaning and setting
up temporary tents at Pamba Manalppuram from 24.01.2022
onwards. The 10th respondent submitted Ext.R10(d)
application dated 15.01.2022 before the Assistant Engineer,
Kerala Water Authority, Pamba, for temporary water
connection. In paragraph 3 of the counter affidavit, it is stated
that, based on the permission granted by the Travancore
Devaswom Board, the 10th respondent approached all statutory
authorities including Forest Department, Kerala State
D.B.P No.3 of 2022
Electricity Board, Kerala water Authority, Police, Health
Department and also Fire and Rescue Services. The 10 th
respondent has also informed the District Administration about
the conduct of 'Ramakatha' at Pamba Manalppuram, as VIPs
including Constitutional dignitaries are expected to attend the
programme.
14. In paragraph 3 of the counter affidavit, it is stated
that, to facilitate the permissions sought for using space at
Pamba Manalppuram for putting up tents, use of helipad at
Nilakkal, etc. the 10th respondent offered the Travancore
Devaswom Board an amount of Rs.7 lakhs as offerings for
annadhanam, out of which Rs.3 Lakhs has already been paid.
The 10th respondent paid Rs.5 lakhs for using Pamba
Manalppuram and Rs.3 lakhs for 10 rooms at Annadana
Mandapam. An amount of Rs.3 lakhs has already been paid as
caution and cleaning deposit. An amount of Rs.1,62,000/- has
been paid to the Kerala State Electricity Board for getting
temporary connection and for necessary installations. An
amount of Rs.1 lakh has been paid to the Kerala Water
Authority for temporary water connection. The 10 th respondent
has already spent more than Rs.10 lakhs for cleaning the
D.B.P No.3 of 2022
premises at Pamba.
15. In paragraph 3 of the counter affidavit, it is stated
that, the 10th Respondent has also approached the Forest
Department for service of the Elephant Squad as there were
reports of the chance of elephants at Pamba during the
programme. The Station House Officer, Pamba informed the
10th respondent, vide Ext.R10(e) communication dated
01.02.2022, about the restrictions in conducting the
programme at Pamba, as Pathanamthitta district is included in
'Category C'. The District Medical Officer(health),
Pathanamthitta has also informed the 10th respondent vide
Ext.R10(f) communication dated 27.01.2022 that, for the
aforesaid reason the programme at Pamba can be conducted
only online. Now Pathanamthitta district is included in
'Category B' and as such participation of 20 persons in a
programme is permissible. Though the 10th respondent
approached the authorities, it is informed that permission can
be considered only after the disposal of this D.B.P.
16. The document marked as Ext.R10(f) is a
communication dated 25.01.2022 of the Regional Fire Officer,
Fire and Rescue Services, Kottayam, on the application made
D.B.P No.3 of 2022
by the 10th respondent to avail the services of Fire and Rescue
Services at Pamba during the programme. The 10 th respondent
has produced Ext.R10(h) series of photographs of 'Ramakatha'
recitations by Morari Bapu at various places, in order to show
that those programmes were attended by several eminent
persons and Constitutional dignitaries. The document marked
as Ext.R10(i) is a copy of the Government order dated
04.02.2022 modifying Covid protocols in Kerala.
17. In paragraph 4 of the counter affidavit, it is stated
that, the 10th Respondent sought the permission of the
Travancore Devaswom Board for the exclusive use of helipad
at Nilakkal for Morari Bapu since he is not in a position to
travel by road due to old age. The 10th respondent entrusted
the operation of the Helicopter to Halo Airways Pvt. Ltd., which
is the agency of Travancore Devaswom Board, which has
permission to operate at Nilakkal. The agency which is a sub
agency of M/s. Span Air Private Ltd. has got necessary
permissions from the Director General of Civil Aviation to
operate helicopters. The agency has complied with all the
requirements of the latest rules and regulations of the Director
General of Civil Aviation, which has licence and permissions to
D.B.P No.3 of 2022
operate helicopter at Nilakkal. The document marked as
Ext.R.10(j) is a copy of the Certificate of Airworthiness dated
13.01.2022 issued by the Director General of Civil Aviation to
BELL 407 GX helicopter with Aircraft Registration VT-NAL.
According to the 10th respondent, its attempt is to propagate
'sanatana dharma' and 'Ramacharithamanasam', which is
totally in tune with the traditions and rituals that are being
followed in Sabarimala Temple. The 10 th Respondent would
undertake that the recital of 'Ramakatha' at Pamba will be
conducted strictly in compliance with the rules and regulations
insisted by the authorities.
18. In the statement filed on behalf of the 3 rd
respondent Travancore Devaswom Board, it is stated that, on
Annexure R3(a) application dated 26.08.2021 made by the
10th respondent to conduct 'Ramakatha' recitation by Morari
Bapu at Pamba Manalppuram, the Travancore Devaswom
Board obtained the report of the Devaswom Commissioner,
and thereafter decided in principle to grant permission to the
Trust to conduct the programme at Pamba Manalppuram from
19.02.2022 to 27.02.2022, subject to the terms and conditions
prescribed by the Board and the instructions and guidelines
D.B.P No.3 of 2022
prescribed by the Devaswom and Maramath wings and also
the Superintendent of Police (Vigilance and Security).
Annexure R3(b) communication dated 31.12.2021 required the
10th respondent to execute an agreement embodying the
terms and conditions for the use. Pursuant to the permission
granted by the Board, the 10th respondent has levelled and
cleaned Pamba Manalppuram and started the construction of
an open stage. Along with the statement, a copy of the
communication dated 27.01.2022 of the District Medical
Officer (Health), Pathanamthitta is produced as Annexure
R3(c), whereby the 10th respondent was informed that, since
Pathanamthitta district is in 'Category C' the programme at
Pamba can be conducted only online. On 28.01.2022, the
Executive Officer, Sabarimala has requested the District
Collector, Pathanamthitta, vide Annexure R3(d)
communication, the services and cooperation of all
Departments for the programme.
19. In the statement, it is stated that, the 10th
respondent has agreed to pay Rs.8 lakhs towards rent, Rs.6
lakhs as donation to Annadhanam Fund, sponsored
annadhanam at Sabarimala on 18.02.2022, agreed to bear the
D.B.P No.3 of 2022
charges at the rate of Rs.20,000/- per landing for using the
helipad at Nilakkal, and provide food kits for one month to 450
tribal families in Nilakkal. The 10 th respondent has also
remitted Rs.3 lakhs as security deposit. The 3 rd respondent
Travancore Devaswom Board granted permission to the 10 th
respondent, considering the fact that it is a spiritual and
devotional programme conducted without affecting the sanctity
of Sabarimala and Pamba and respecting the rituals and
custom of the Temple. The permission is given to conduct the
programme from 19.02.2022 to 27.02.2022, after
'kumbamasa pooja', without causing any inconvenience or
difficulties to pilgrims.
20. In the statement filed by the 5th respondent District
Collector, Pathanamthitta dated 10.02.2022, it is stated that,
Pathanamthitta district was included in 'Category B' in view of
the third wave of Covid-19 Pandemic. Now the district is
included in 'Category B' and the maximum persons permitted
for religious functions is 20 persons as per G.O.
(Rt)No.109/2022/Disaster Management dated 04.02.2022. The
area including Sabarimala and Pamba is in Periyar Tiger
Reserve, under the Ministry of Environment, Forest and
D.B.P No.3 of 2022
Climate Change. The organisers have to obtain requisite
permission from the Forest and Wildlife Department, Irrigation
Department and Revenue (Devaswom) Department. In such
circumstances, the 5th respondent has issued Annexure R5(a)
communication dated 03.02.2022 to the Travancore Devasom
Board, informing the Board that the permission granted to 10 th
respondent for conducting the 'Ramakatha' at Pamba
Manalppuram may be cancelled. It was also informed to the
Board that before giving consent for conducting such events,
opinion of the Departments concerned and that of the
Government may be obtained. No intimation regarding the use
of Nilakkal helipad from 19.02.2022 to 27.02.2022 has been
received in the office of the 5th respondent, till the date of filing
of the statement, i.e., till 10.02.2022.
21. The stand taken in the counter affidavit filed by the
9th respondent Deputy Director, Periyar Tiger Reserve West
Division is that, Pamba Manalppuram lies well within Periyar
Tiger Reserve and the Travancore Devaswom Board has
permitted the 10th respondent to use Pamba Manalppuram for
an activity that is not related to Sabarimala pilgrimage. The
Board granted such permission to the 10th respondent for
D.B.P No.3 of 2022
using Pamba Manalppuram situated within the Periyar Tiger
Reserve for rent, without any consent from the Kerala Forest
Department or Cheif Wildlife Warden. The Kerala Forest
Department has given 10 acres of land on lease to the Board
at Pamba as per Government Order G.O (Ms.)No.410/70/Agri.
dated 28.12.1970 and 8.5 acres of land diverted to the Board
around Ganapathi Temple as per Government Order G.O.
(Ms.)No.97/86 dated 22.10.1986 to arrange facilities for the
Sabarimala pilgrims. In the above Government Order dated
28.12.1970 it is specifically mentioned as condition No.(vii)
that, "if the land is put to any use other than for providing
amenities to pilgrims, the lease will be terminated and the land
will revert to Government". According to the 9th respondent,
the event, 'Ramakatha' proposed to be conducted at Pamba
Manalppuram is an activity with no connection with the
pilgrimage. Therefore the permission issued by the Travancore
Devaswom Board to conduct the programme has to be set
aside.
22. In the statement filed by the 9 th respondent, it is
stated that Sabarimala is a heavily visited shrine located
amidst the wet evergreen forest in the western part of Periyar
D.B.P No.3 of 2022
Tiger Reserve. The Periyar Tiger Reserve is considered as a
very important protected area for the tigers and other wildlife
including elephants, gaurs, leopards, sloth bears, etc. and
several other endemic and endangered flora and fauna. Periyar
is one of the best protected tiger habitats in the country and it
is the source population for the adjoining vast forest landscape
of Ranni Forest Division and other Forest Divisions. Sabarimala
Temple is located within the core habitat of the Periyar Tiger
Reserve, which attracts millions of pilgrims annually with
considerable impact on the environment of the sacred forests
around Sabarimala (Poomkavanam). The main pilgrimage
season is from mid-November to mid-January every year. The
temple also opens during the first five days of every
Malayalam month and on special occasions like Onam and
Vishu. Over the years, with the increase in the number of
pilgrims, large-scale development has taken place at
Sabarimala and Pamba causing severe degradation of the
sacred forests of Poomkavanam and the adverse impact on
wildlife during these periods is substantial. The wildlife
movement is very high during the days on which the temple is
closed and substantial presence including that of tiger is being
D.B.P No.3 of 2022
recorded in and around Pamba and Sannidhanam landscape
via camera traps especially during the days on which the
temple is closed. Therefore a program during the days on
which the temple is closed in Pamba will affect the normal life
of wildlife in and around Pamba. The movement of wild
animals near the river may also cause man-animal conflict
issues during the off-season days. Moreover, the sound and
light arrangements as part of the programme inside the
Periyar Tiger Reserve during the days on which the temple is
closed may affect the movement of wildlife as well as cause
disturbance to the wildlife in their natural habitat. Therefore
the program which has no connection with the Sabrimala
Temple ought to be cancelled. The 10th respondent has agreed
to pay lakhs of rupees to the Travancore Devaswom Board as
rent for using Pamba Manalppuram and it is learned that the
Board has further rented out the Nialakkal base camp and
helipad at Nilakkal also to the said respondent to discourse
'Ramakatha' which will also be against the security concerns in
a High Security Zone like Sabarimala, besides being an
unwarranted disturbance to the wildlife habitats in these areas.
Further it is against the terms and conditions of the
D.B.P No.3 of 2022
G.O(Ms.)No. 410/70/Agri. Dated 28.12.1970 and the Forest
Conservation Act 1980.
23. According to the 9th respondent, the Travancore
Devaswom Board in the present instance is trying to rent out
Pamba Manalppuram for financial gains. The Board has
deliberately issued permission illegally for financial gains and
they are trying to justify it on the basis of false and
hypothetical arguments. Financial considerations of the Board
have gained precedence over environmental considerations as
well as religious sentiments. The activity of discourse of
'Ramakatha' in Pamba is not essential or integral part of the
pilgrimage to Sabarimala or traditional religious activity at
Sabarimala (either at Pamba or Sannidhanam or any other
place connected with Sabarimala) and is only intended as an
activity with commercial eye and with the intention of initially
opening up Pamba Manalppuram space and thereafter other
spaces in Sabarimala and Nilakkal for commercial exploitation.
The grant of permission by the Board to conduct non-forest
activities and activities prejudicial to wildlife inside a tiger
reserve area without the permission of the Cheif Wildlife
Warden and without permission under the Forest Conservation
D.B.P No.3 of 2022
Act is illegal and liable to be set aside. The damage that may
be caused to the wildlife and its habitat by such activity will be
substantial and it will also cause adverse impact on the habitat
of tigers in Periyar Tiger Reserve. Therefore, the order of the
Board granting permission to the 10 th respodent is liable to be
set aside.
24. The 10th respondent has filed reply affidavit to the
statements filed by the 5th and 9th respondents. By Exhibit
R5(a) communication dated 03.02.2022, the District Collector
has required the Travancore Devaswom Board to cancel the
permission granted to the 10th respondent for conducting
'Ramakatha' on the ground that Pathanamthitta District is
included in 'Category C'. But, since then Pathanamthitta
District has been re-categorised and included in 'Category B',
and as per the latest guidelines religious functions also can be
conducted with attendance of 20 persons. In the affidavit filed
before this Court, the 10th respondent has given an
undertaking that the event will be conducted strictly adhering
to the guidelines issued by the Government relating to Covid
restrictions. Therefore, there is absolutely no issue in
permitting the event of the 10th respondent scheduled to be
D.B.P No.3 of 2022
held from 19.02.2022 to 27.02.2022. Moreover, two large
religious conventions, viz., Maramon Convention and
Cherukolpuzha Convention are permitted.
25. As far as the statement filed by the 9th respondent
is concerned, the main objection taken is that the event
cannot be conducted in Pamba as the land has been given to
the Devaswom Board on lease by order G.O.
(Ms.)No.410/70/Agri dated 28.12.1970 exclusively for
providing amenities to pilgrims and since the event
'Ramakatha' proposed to be conducted in Pamba Manalppuram
is an activity which has no connection with Sabarimala
pilgrimage. It is further stated that the sound and light
arrangement as part of the programme inside Periyar Tiger
Reserve during the days when temple is closed will affect the
movement of wildlife as well as it will cause disturbance to the
wildlife in their natural habits. This statement has been filed by
the officer of the Forest Department without knowing the
connection of Pamba River and its Manalppuram with
Ramayana. It is believed that during the Vanavasa of Lord
Rama and Lakshmana, they met a girl called 'Neli' and she
invited Lord Rama and Lakshmana to the Ashram of Mathanga
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Rishi and impressed with devout treatment that she had given
to Lord Rama and Lakshmana, Lord Rama has given Neli
'moksha' and she became the Pamba River. It is believed that
Sahyanuman and Sabari are the father and mother of Neli. In
Ramayana it is stated that Lord Rama has met with Lord
Hanuman at 'Rishimukhachalam' which is the Pamba
Manalppuram. Lord Rama and Lakshmana have also performed
the ritual of 'bali' for his father and has taken a dip as part of
this ritual at Pamba river which is called Triveni, and it is
believed that taking a bath at Triveni Sangam after offering
'balidarppana' is a way to attain 'moksha'. It is in this
background Morari Bapu had decided to recite 'Ramakatha' at
Pamba Manalppuram because of the connection Pamba and its
banks have with Rama and Ramayanam. So, the event is
aimed at increasing the divinity of divine Pamba Manalppuram
which is directly connected with pilgrimage. Spreading the
Sanadhana Dharma and its tenets including
Ramacharithamanasam cannot be considered as a commercial
activity. The recital of 'Ramakatha' at Pamba is not done on
payment of any money. It is purely a religious affair with direct
connection with the historical background of Pamba and its
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banks. So, in no way it can be said that the recital of
'Ramakatha' has nothing to do with Sabarimala Pilgrimage.
The recital of Vedas and other scriptures like
'Ramacharithamanasam' will increase divinity and it is in such
background such recitals have regularly been done in temples.
If the stand of the Forest Department is accepted, then the
recital of any scriptures like Ramayana or Mahabharatha or
chanting of manthras contained in Vedas cannot be done at
Pamba Ganapathy Temple. In Pamba Temple deities of Lord
Rama, Lord Sita and Lord Hanuman are there. On the day of
Sree Rama Navami full day programme is conducted at Pamba
Temple and during the Malayalam month of Karkkidakam,
Ramayana recital is also a regular affair. If the stand of the
Forest Department is accepted such practice are to be stopped
as it has nothing to do with Sabarimala Pilgrimage, as stated
by the Officer of the Forest. As stated earlier during the month
of Karkkidakam several persons recite Ramayana at the temple
and recital of 'Ramakatha' is an offering of Morari Bapu to
Lord Rama, Sitha and Hanuman at Pamba. The permission was
sought from the District authorities for conducting event as
Morari Bapu is a widely followed religious and spiritual leader
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and large number of people may attend the programme. It
was in such circumstances, the 10th respondent has
approached the district authorities and undertook that the
event will be conducted strictly in compliance with the Covid
Protocol.
26. In the additional statement filed by the 3 rd
respondent, it is stated that, the Travancore Devaswom Board
owns the helipad at Nilakkal. It was constructed by the High
Power Committee constituted for the implementation of
Sabarimala Master Plan and handed over to the Board. It is a
temporary helipad being operated in terms of the minimum
safety requirements and other site requirements prescribed by
the Ministry of Civil Aviation, Government of India. The
minimum safety requirements are prescribed for the purpose
of smooth and efficient operation of helicopters, given their
versatility and ability to land and take off from any terrain. As
per Para-3.6 of Annexure-R3(e) Minimum Safety Requirements
for Temporary Helicopter Landing Areas prescribed by the
Director General of Civil Aviation, permission of the owner of
the site shall be obtained, before it is used for helicopter
operations and the district authorities notified in advance.
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Considering the fact that helicopter is meant to operate at very
short notice even from unprepared surfaces, delay in the
clearance process and the restrictions placed by district
authorities negate the very benefit of using the versatility of
the helicopter as it is intended to be used. Given the inherent
advantage of helicopter versatility, the DGCA, had issued the
CAR, apportioning the responsibility of safe helicopter
operations from temporary helipads with the operator (who
must merely notify the district authorities). As per Annexure-
R3(f) communication given from the Ministry of Civil Aviation
dated 14.06.2019, no approval is required from the district
authorities for helicopter operations. The permission to use the
helipad will be given by the Executive Engineer, Sabarimala
Development Project, Travancore Devaswom Board, on getting
request from the operator and paying the requisite fees.
27. Heard the learned Senior Government Pleader for
respondents 1, 2, 5, 6 and 8, the learned Standing Counsel for
Travancore Devaswom Board for respondents 3, 4 and 7, the
learned Special Government Pleader (Forest) for additional
respondents 9 and 11 and also the learned counsel for the 10 th
respondent.
D.B.P No.3 of 2022
28. The learned counsel for the 10 th respondent would
contend that the conduct of 'Ramakatha' recitation by Morari
Bapu at Pamba Manalppuram is totally in tune with the
traditions and rituals that are being followed in Sabarimala. On
the strength of the permission granted by the Travancore
Devaswom Board, as evidenced by Ext.R10(b) communication
dated 31.12.2021, the 10th respondent is legally entitled to
conduct the said programme from 19.02.2022 till 27.02.2022
subject to the terms and conditions to be insisted by the
Board. On account of the restrictions imposed in connection
with Covid-19 pandemic the programme will be conducted
limiting the number of participants to 20. On the strength of
the permission granted in Ext.R10(b) the 10 th respondent can
put up temporary structures at Pamba Manalppuram. The
learned Standing Counsel for Travancore Devaswom Board
would submit that the Board granted permission to the 10 th
respondent to conduct the programme 'Ramakatha' at Pamba
Manalppuram, considering the fact that it is a spiritual and
devotional programme conducted without affecting the sanctity
of Sabarimala and Pamba and respecting the rituals and
custom of the Temple. The permission is granted to conduct
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the said programme from 19.02.2022 to 27.02.2022, after
'Kumbamasa Pooja', without causing any inconvenience or
difficulties to the pilgrims.
29. Per contra, the learned Senior Government Pleader
and also the learned Special Government Pleader (Forest),
would contend that the land at Pamba Manalppuram was
leased out to Travancore Devaswom Board, vide Government
Order dated 28.12.1970 for providing amenities to pilgrims.
The event, namely, 'Ramakatha' proposed to be conducted at
Pamba Manalppuram is an activity with no connection with the
pilgrimage. They would also point out that the land around
Pamba Ganapathy Temple was leased out to Travancore
Devaswom Board for the specific purpose to arrange facilities
for Sabarimala pilgrims. They would contend that the conduct
of the 10th respondent in putting up structures for the
programme 'Ramakatha' in Pamba Manalppuram is legally
impermissible.
30. Sabarimala Sree Dharma Sastha Temple, which is
situated inside Periyar Tiger Reserve, is a prominent pilgrim
centre in Kerala, where lacks of pilgrims trek the rugged
terrains of Western Ghats to have darsan of Lord Ayyappa.
D.B.P No.3 of 2022
Sabarimala Sree Dharma Sastha Temple and Malikappuram
Temple come under the Travancore Devaswom Board. At
Pamba Ganapathy Temple, which is a holy spot on the way
from Pamba to Sannidanam is dedicated to Lord Ganesha,
where the pilgrims offer prayer for safe trekking to
Sannidanam. Pamba Ganapathy Temple also has subsidiary
shrines dedicated to Nagarajavu, Goddess Parvati Devi,
Adimoola Ganapati, Hanuman Swami, and Bhagvan Sree
Rama. The main offering at Pamba Ganapathi Temple is
coconut. The pilgrims trekking to Sannidanam carry an extra
coconut to break it at Pamba Ganapathi Temple, before
climbing the mountain.
31. 'Deva' means God and 'swom' means ownership in
Sanskrit and the term 'Devaswom' denotes the property of
God in common parlance. [See:Prayar Gopalakrishnan and
another v. State of Kerala and others - 2018 (1) KHC
536]
32. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
administration, supervision and control of incorporated and
unincorporated Devaswoms and of other Hindu Religious
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Endowments and Funds. As per sub-section (3) of Section 1 of
the Act, substituted by the Kerala Adaptation of Laws Order,
1956, Part I of the Act shall extend to Travancore, Part II of
the Act shall extend to Cochin and Part III of the Act shall
extend to the whole of the State of Kerala, excluding the
Malabar District.
33. Clause (a) of Section 2 of the Act defines the term
'Board' to mean the Travancore Devaswom Board constituted
under Chapter II of the Act in accordance with the covenant.
Clause (c) of Section 2 defines the term 'incorporated
Devaswoms' to mean the Devaswoms mentioned in Schedule
I, and 'unincorporated Devaswoms' to mean those Devaswoms
including Hindu Religious Endowments whether in or outside
Travancore which were under the management of the Ruler of
Travancore and which have separate accounts of income and
expenditure and are separately dealt with. Sabarimala
Devaswom is an incorporated Devaswom mentioned in
Schedule I of the Act, under Chengannur Group,
Pathanamthitta Taluk. As per sub-clause (i) of clause (d) of
Section 2, 'person interested' includes, in the case of temple, a
person who is entitled to attend at or is in the habit of
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attending the performance of worship or service in the temple
or who is entitled to partake or is in the habit of partaking in
the benefit of the distribution of gifts thereat.
34. Chapter II of the Act deals with the Travancore
Devaswom. Section 3 of the Act deals with vesting of
administration in Board. As per Section 3, the administration of
incorporated and unincorporated Devaswoms and of Hindu
Religious Endowments and all their properties and funds as
well as the fund constituted under the Devaswom
Proclamation, 1097 M.E. and the surplus fund constituted
under the Devaswom (Amendment) Proclamation, 1122 M.E.
which were under the management of the Ruler of Travancore
prior to the first day of July, 1949, except the Sree
Padmanabhaswamy Temple, Sree Pandaravaka properties and
all other properties and funds of the said temple, and the
management of all institutions which were under the
Devaswom Department shall vest in the Travancore Devaswom
Board.
35. Section 4 of the Act deals with constitution of the
Travancore Devaswom Board. As per sub-section (2) of Section
4, the Board shall be a body corporate having perpetual
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succession and a common seal with power to hold and acquire
properties for and on behalf of the incorporated and
unincorporated Devaswoms and Hindu Religious Institutions
and Endowments under the management of the Board.
36. Section 15 of the Act deals with vesting of
jurisdiction in the Board. As per sub-section (1) of Section 15,
subject to the provisions of Chapter III of Part I, all rights,
authority and jurisdiction belonging to or exercised by the
Ruler of Travancore prior to the first day of July, 1949, in
respect of Devaswoms and Hindu Religious Endowments shall
vest in and be exercised by the Board in accordance with the
provisions of this Act. As per sub-section (2) of Section 15, the
Board shall exercise all powers of direction, control and
supervision over the incorporated and unincorporated
Devaswoms and Hindu Religious Endowments under their
jurisdiction.
37. Section 15A of the Act, inserted by Act 5 of 2007,
with effect from 12.04.2007, deals with duties of the Board. As
per Section 15A, it shall be the duty of the Board to perform
the following functions, namely, (i) to see that the regular
traditional rites and ceremonies according to the practice
D.B.P No.3 of 2022
prevalent in the religious institutions are performed promptly;
(ii) to monitor whether the administrative officials and
employees and also the employees connected with religious
rites are functioning properly; (iii) to ensure proper
maintenance and upliftment of the Hindu religious institutions;
(iv) to establish and maintain proper facilities in the temples
for the devotees. Section 16 of the Act deals with supervision
and control by the Board. As per Section 16, the Board shall,
subject to the provisions of Part I of the Act, exercise
supervision and control over the acts and proceedings of all
officers and servants of the Board and of the Devaswom
Department.
38. Section 24 of the Act deals with maintenance of
Devaswoms, etc., out of Devaswom Fund. As per Section 24,
the Board shall, out of the Devaswom Fund constituted under
Section 25, maintain the Devaswoms mentioned in Schedule I
[i.e. incorporated Devaswoms], keep in a state of good repair
the temples, buildings, and other appurtenances thereto,
administer the said Devaswoms in accordance with recognised
usages, make contributions to other Devaswoms in or outside
the State and meet the expenditure for the customary
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religious ceremonies and may provide for the educational
uplift, social and cultural advancement and economic
betterment of the Hindu community.
39. Section 27 of the Act deals with Devaswom
properties. As per Section 27, immovable properties entered or
classed in the revenue records as Devaswom Vaga or
Devaswom Poramboke and such other Pandaravaga lands as
are in the possession or enjoyment of the Devaswoms
mentioned in Schedule I after the 30th Meenam, 1097
corresponding to the 12th April, 1922, shall be dealt with as
Devaswom properties. The provisions of the Land Conservancy
Act of 1091 (IV of 1091) shall be applicable to Devaswom
lands as in the case of Government lands.
40. Section 31 of the Act deals with management of
Devaswoms. As per Section 31, subject to the provisions of
Part I and the rules made thereunder, the Board shall manage
the properties and affairs of the Devaswoms, both
incorporated, and unincorporated as heretofore, and arrange
for the conduct of the daily worship and ceremonies and of the
festivals in every temple according to its usage.
41. In view of the provisions under the Travancore-
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Cochin Hindu Religious Institutions Act referred to
hereinbefore, conclusion is irresistible that, the administration
of Sabarimala Devaswom, which is an incorporated Devaswom
mentioned in Schedule I of the Act, and all its properties and
funds shall vest in the Travancore Devaswom Board. The Board
shall hold and acquire properties for and on behalf of
Sabarimala Devaswom, under the management of the Board.
Subject to the provisions of Chapter III of Part I, all rights,
authority and jurisdiction belonging to or exercised by the
Ruler of Travancore prior to the first day of July, 1949, in
respect of the Sabarimala Devaswom shall vest in and be
exercised by the Board in accordance with the provisions of
this Act and the Board shall exercise all powers of direction,
control and supervision over the Devaswom.
42. Under the provisions of the Act, the Board is duty
bound to see that the regular traditional rites and ceremonies
according to the practice prevalent in Sabarimala are
performed promptly; to monitor whether the administrative
officials and the employees, and also the employees connected
with religious rites are functioning properly; and to establish
and maintain proper facilities in Sabarimala for the devotees.
D.B.P No.3 of 2022
The Board shall, out of the Devaswom Fund, maintain and
administer Sabarimala Devaswom in accordance with
recognised usages and meet the expenditure for the
customary religious ceremonies. Subject to the provisions of
Part I of the Act and the Rules made thereunder, the Board
shall manage the properties and affairs of Sabarimala
Devaswom and arrange for the conduct of the daily worship
and ceremonies and of the festivals in Sabarimala according to
the usage.
43. The Kerala Hindu Places of Public Worship
(Authorisation of Entry) Act, 1965 enacted by State Legislature
provides for better provisions for the entry of all classes and
sections of Hindus into places of public worship. Clause (b) of
Section 2 of the Act defines 'place of public worship' to mean a
place, by whatever name known or to whomsoever belonging,
which is dedicated to, or for the benefit of, or is used generally
by, Hindus or any section or class thereof, for the performance
of any religious service or for offering prayers therein, and
includes all lands and subsidiary shrines, mutts,
devasthanams, namaskara mandapams and nalambalams,
appurtenant or attached to any such place, and also any
D.B.P No.3 of 2022
sacred tanks, wells, springs and water courses the waters of
which are worshipped or are used for bathing or for worship,
but does not include a 'sreekoil'.
44. Section 3 of the Act provides that places of worship
to be open to all sections and classes of Hindus. As per Section
3, notwithstanding anything to the contrary contained in any
other law for the time being in force or any custom or usage or
any instrument having effect by virtue of any such law or any
decree or order of court, every place of public worship which is
open to Hindus generally or to any section or class thereof,
shall be open to all sections and classes of Hindus; and no
Hindu of whatsoever section or class shall, in any manner, be
prevented, obstructed or discouraged from entering such place
of public worship, or from worshipping or offering prayers
thereat, or performing any religious service therein, in the like
manner and to the like extent as any other Hindu of
whatsoever section or class may so enter, worship, pray or
perform. As per the proviso to Section 3, in the case of a place
of public worship which is a temple founded for the benefit of
any religious denomination or section thereof, the provisions of
this Section shall be subject to the right of that religious
D.B.P No.3 of 2022
denomination or section, as the case may be, to manage its
own affairs in matters of religion.
45. Section 4 of the Act deals with power to make
regulations for the maintenance of order and decorum and the
due performance of rites and ceremonies in places of public
worship. As per sub-section (1) of Section 4, the trustee or
any other person in charge of any place of public worship shall
have power, subject to the control of the competent authority
and any rules which may be made by that authority, to make
regulations for the maintenance of order and decorum in the
place of public worship and the due observance of the religious
rites and ceremonies performed therein. As per the proviso to
sub-section (1) of Section 4, no regulation made under this
sub-section shall discriminate in any manner whatsoever,
against any Hindu on the ground that he belongs to a
particular section or class. As per sub-section (2) of Section 4,
the competent authority referred to in sub-section (1) shall be,
(i) in relation to a place of public worship situated in any area
to which Part I of the Travancore-Cochin Hindu Religious
Institutions Act, 1950, extends, the Travancore Devaswom
Board; (ii) in relation to a place of public worship situated in
D.B.P No.3 of 2022
any area to which Part II of the said Act extends, the Cochin
Devaswom Board; and (iii) in relation to a place of public
worship situated in any other area in the State of Kerala, the
Government.
46. In view of the provisions under Section 4 of the
Kerala Hindu Places of Public Worship (Authorisation of Entry)
Act referred to hereinbefore, conclusion is irresistible that, the
competent authority to make regulations for the maintenance
of order and decorum and the due observance of the religious
rites and ceremonies performed in a place of public worship
situated in any area to which Part I of the Act of 1950 extends
is the Travancore Devaswom Board. The competent authority
in the case of a place of public worship situated in any area to
which Part II of the Act of 1950 extends is the Cochin
Devaswom Board. State Government is the competent
authority in the case of a place of public worship situated in
any other area in the State, i.e., an area to which Part I or Part
II of the Act of 1950 has no application. Since Sabarimala is a
place of public worship situated in an area to which Part I of
the Act of 1950 extends, the competent authority to make
regulations for the maintenance of order and decorum and the
D.B.P No.3 of 2022
due observance of the religious rites and ceremonies
performed in Sabarimala is the Travancore Devaswom Board.
47. As already noticed hereinbefore the 10th respondent
Trust submitted Ext.R10(a) application dated 24.11.2021
before the Executive Officer, Pamba. It is stated in Ext.R10(a)
application that the programme organised and sponsored by
the Trust, with a limited audience of 40-60 people, will be
aired live on Aastha TV channel. As per Ext.R10(a) application,
the requirements for the programme are as follows; New
Annadhana Mandapam - full building - kitchen dining and
labour stay (50 to 100 staff); space for putting up 10 to 30
VIP tents in the space between new and old Annadhana
Mandapam; 10,000 sq.ft. space at Pamba Manalppuram from
Triveni Bridge to Foot Bridge for VIP tents and 'Katha Pandal';
space at Pamba Manalppuram from Foot Bridge Aarattu
Kadavu for temporary house for Morari Bapu; 10 rooms at
Pamba; parking space for cars; Nilakkal helipad; water and
electricity, permission to shoot the event and make it live in
Aastha TV channel; recommendation to Forest and Health
Departments; recommendation to Police and Fire Services;
arrangement for Sabarimala darshan of Morari Bapu on
D.B.P No.3 of 2022
17.02.2022. The Trust sought permission to have access to the
aforesaid space and facility from 21.01.2022.
48. The learned Special Government Pleader (Forest)
has made available for the perusal of this Court few
photographs to show the nature of constructions undertaken
by the 10th respondent at Pamba Manalppuram for conducting
the programme 'Ramakatha' from 19.02.2022 till 27.02.2022.
Soft copy of the photographs has already been sent through
WhatsApp on 15.02.2022 with copy to the learned Standing
Counsel for Travancore Devaswom Board and also to the
learned counsel for the 10th respondent. Few of those
photographs are reproduced hereunder;
D.B.P No.3 of 2022
D.B.P No.3 of 2022
D.B.P No.3 of 2022
49. As evident from the aforesaid photographs,
temporary structures have been put up at Pamba
Manalppuram, which is leased out to the Travancore
Devaswom Board, vide Government Order dated 28.12.1970
for providing pilgrim facilities. The construction of temporary
structures were going on from 24.01.2022 onwards. As per
Ext.R10(a), one of the requirements is to provide dining and
labour stay for 50-100 staff, who are employed for putting up
D.B.P No.3 of 2022
structures like VIP tents, 'Katha Pandal', etc.
50. On a query made by this Court, the learned counsel
for the 10th respondent would submit that, about 50-60
employees were engaged daily from 24.01.2022 onwards, in
connection with various activities including cleaning up of
Pamba Manalppuram, in order to put up such VIP tents, Katha
Pandal, etc. As evident from the photographs re-produced
hereinbefore, considerable extent of Pamba Manalppuram is
now being occupied by the 10 th respondent, with effect from
24.01.2022. After putting up such temporary structures, the
entire area is fenced with tin-fence.
51. In A.A. Gopalakrishnan v. Cochin Devaswom
Board [(2007) 7 SCC 482] a Three-Judge Bench of the Apex
Court held that the properties of deities, temples and
Devaswom Boards are required to be protected and
safeguarded by their trustees/archakas/shebaits/employees.
Instances are many where persons entrusted with the duty of
managing and safeguarding the properties of temples, deities
and Devaswom Boards have usurped and misappropriated
such properties by setting up false claims of ownership or
tenancy, or adverse possession. This is possible only with the
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passive or active collusion of the authorities concerned. Such
acts of 'fences eating the crops' should be dealt with sternly.
The Government, members or trustees of boards/trusts, and
devotees should be vigilant to prevent any such usurpation or
encroachment. It is also the duty of courts to protect and
safeguard the properties of religious and charitable institutions
from wrongful claims or misappropriation.
52. In Travancore Devaswom Board v. Mohanan
Nair [2013 (3) KLT 132] a Division Bench of this Court
noticed that in A.A. Gopalakrishnan [(2007) 7 SCC 482]
the Apex Court emphasised that it is the duty of the courts to
protect and safeguard the interest and properties of the
religious and charitable institutions. The relevant principles
under the Hindu law will show that the Deity is always treated
similar to that of a minor and there are some points of
similarity between a minor and a Hindu idol. The High Court
therefore is the guardian of the Deity and apart from the
jurisdiction under Section 103 of the Land Reforms Act, 1957
viz. the powers of revision, the High Court is having inherent
jurisdiction and the doctrine of parents patriae will also apply
in exercising the jurisdiction. Therefore, when a complaint has
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been raised by the Temple Advisory Committee, which was
formed by the devotees of the Temple, about the loss of
properties of the Temple itself, the truth of the same can be
gone into by the High Court in these proceedings.
53. In Mrinalini Padhi v. Union of India [2018 SCC
OnLine SC 667] - order dated 05.07.2018 in W.P.(C)No.649
of 2018 - the Apex Court noticed that the issue of difficulties
faced by the visitors, exploitative practices, deficiencies in the
management, maintenance of hygiene, proper utilisation of
offerings and protection of assets may require consideration
with regard to all Shrines throughout the India, irrespective of
religion practiced in such shrines. It cannot be disputed that
this aspect is covered by List III Item 28 of the Seventh
Schedule to the Constitution of India and there is need to look
into this aspect by the Central Government, apart from State
Governments. Section 92 of the Code of Civil Procedure, 1908
permits a court also to issue direction for making a scheme or
making an arrangement for any charitable or religious
institution. Accordingly, the Apex Court directed that, if any
devotee moves the jurisdictional District Judge throughout the
India with any grievance on the above aspect, the District
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Judge may either himself/herself or by assigning the issue/
matter to any other court under his/her jurisdiction examine
above aspects and if necessary send a report to the High
Court. The High Court will consider these aspects in public
interest, in accordance with law, and issue such judicial
directions as becomes necessary having regard to individual
fact situation.
54. In Nandakumar v. District Collector and others
[2018 (2) KHC 58] a Division Bench of this Court noticed
that the legal position has been made clear by the Apex Court
as to the role to be played by the High Court in exercising the
'parens patriae' jurisdiction in Gopalakrishnan v. Cochin
Devaswom Board [(2007) 7 SCC 482]. The said decision
was referred to and relied on by a Division Bench of this Court
in Travancore Devaswom Board v. Mohanan Nair [2013
(3) KLT 132]. In the said circumstances, the properties of the
Devaswom, if at all encroached by anybody and if any
assignment/conveyance has been effected without
involvement of the Devaswom, securing 'pattayam' or such
other deeds, the same cannot confer any right upon the
parties concerned, unless the title so derived is clear in all
D.B.P No.3 of 2022
respects. There cannot be any dispute that the remedy to
retrieve such property belonging to the Devaswom is by
resorting to the course stipulated in the Kerala Land
Conservancy Act, 1957.
55. During the course of arguments, on a query made
by this Court, the learned Standing Counsel for the Travancore
Devaswom Board would submit that, but for the constructions
undertaken by the 10th respondent, the aforesaid area in
Pamba Manalppuram could have been used by the pilgrims
during 'Kumbamasa Pooja' from 13.02.2022 to 17.02.2022.
The learned Standing Counsel would point out that, on account
of Covid restrictions, the total number of devotees permitted
to have Darshan at Sabarimala on a single day is restricted to
15000 persons. Having considered the pleadings and materials
on record and the submissions made by the learned counsel
for the parties we find that when the land at Pamba
Manalppuram is leased out to the Travancore Devaswom Board
for the specific purpose of providing pilgrim facilities, the
Board should not have permitted the 10 th respondent to put up
such structures in connection with the programme Ramakatha.
Admittedly, those constructions were going on from
D.B.P No.3 of 2022
24.01.2022. Now a major portion of Pamba Manalppuram is
occupied by the temporary structures erected by the 10 th
respondent, which is causing obstruction and inconvenience to
the pilgrims proceeding to Sannidhanam through Pamba
Manalppuram from 13.02.2022 onwards in connection with
'Kumbamasa Pooja'. No such construction can be permitted in
Pamba Manalppuram and therefore such constructions will
have to be removed forthwith. No such constructions can be
utilised for conducting the programme 'Ramakatha' by the 10 th
respondent from 19.02.2022 till 27.02.2022. Any permission
granted by the Travancore Devaswom Board for undertaking
such constructions, based on its decision referred to in
Ext.R10(b) communication dated 31.12.2021, a copy of which
is marked as Annexure R3(b) along with the statement filed on
behalf of the 3rd respondent, is per se illegal. Therefore,
respondents 2 to 7 and also the 9th respondent shall take
necessary steps to ensure that the constructions made by the
10th respondent at Pamba Manalppuram, as evidenced by the
photographs reproduced hereinbefore, are removed without
any delay.
56. The learned Special Government Pleader (Forest)
D.B.P No.3 of 2022
would submit that, the area where temporary constructions
including erection of sheds have been made by the 10 th
respondent for 'Ramakatha' comes within the boundary of the
Periyar Tiger Reserve-West Division. This area was constituted
as a Game Reserve/Wildlife Sanctuary in 1950 under the
Travancore Forest Regulation, 1068 (1893). The adjoining area
on the south is part of Konni Reserve Forest which comes
under the Goodrickal Forest Range of Ranni Forest Division,
which is an immensely rich biodiversity area. The subject
matter land is part of Mount Plateau area which was declared
as a Game Sanctuary/Wildlife Sanctuary along with two other
areas in 1950. The Periyar Lake Reserve Forest area was
declared as Game Sanctuary by name 'Periyar Wildlife
Sanctuary Proper' and the Mount Plateau area, within which
the subject matter area comes, was declared as Game
Sanctuary by name 'Annex No.2 to the Wildlife Sanctuary
(Mount Plateau)' and Rattendon Valley area was declared as
Game Sanctuary by name 'Annex No.1 to the Wildlife
Sanctuary (Rattendon Valley)'. The above three areas namely
Periyar Wildlife Sanctuary Proper and Annex No.1 and Annex
No.2 to the Wildlife Sanctuary constitute the Periyar Wildlife
D.B.P No.3 of 2022
Sanctuary.
57. The learned counsel for the 10 th respondent pointed
out that the Pamba Ganapathi Temple opens during the entire
year without any restrictions whatsoever and in such
circumstances the activity as proposed by the 10th respondent
cannot be termed as an objectionable activity.
58. The learned Special Government Pleader (Forest)
would submit that during Mandala-Makaravilakku Festival
there were obstructions to the movements of pilgrims at
various places due to the presence of elephants on the route
from Nilakkal to Pamba and other places. Nearly 15 occasions
elephants have caused obstructions to the movement of
pilgrims. The learned counsel for the 10 th respondent would
point out that such incidents happened in between Nilakkal
and Chalakkayam. The learned Special Government Pleader
would submit that Chalakkayam is nearly 7 kms. away from
Pamba. The learned Standing Counsel for Travancore
Devaswom Board would submit that elephants are not
normally seen at Pamba, during Mandala-Makaravilakku
festival season and the presence of elephants are noticed near
Pamba mainly during off season.
D.B.P No.3 of 2022
59. The fact that Pamba Manalppuram is within the
boundary of Periyar Tiger Reserve is not in dispute. It is also
not in dispute that Periyar Wildlife Sanctuary, which was
notified in the year 1950 became Periyar Tiger Reserve as part
of 'Project Tiger'. Subsequently, in the year 2007 and 2011 the
core and buffer areas of the Tiger Reserve were notified. The
specific stand taken by the 9th respondent is that the area
where construction of sheds is undertaken by the 10 th
respondent falls within Periyar Wildlife Sanctuary as well as
Periyar Tiger Reserve and 10 Acres of forest land leased out to
Travancore Devaswom Board is for the purpose of providing
camping facility to the pilgrims visiting Sabarimala.
60. The learned counsel for the 10 th respondent would
point out that there are constructions by the Travancore
Devaswom Board in Pamba Manalppuram and as such the 10th
respondent cannot be found fault with in putting up temporary
structures for conducting the programme 'Ramakatha'. The
learned Special Government Pleader (Forest) would point out
that the earlier constructions in Pamba Manalppuram are
either in the periphery of the sand bank adjoining to the
pathway to Sannidhanam or away from the river, leaving out
D.B.P No.3 of 2022
vacant space. The said vacant area is now used for putting up
temporary structures by the 10 th respondent. Having
considered aforesaid submissions made by the learned
counsel, we find that, when the land at Pamba Manalppuram is
leased out to Travancore Devaswom Board for providing
pilgrim facilities, putting up temporary structures on that land
by causing obstruction or inconvenience to the pilgrims, as
seen from the photographs reproduced hereinbefore is legally
impermissible.
61. Insofar as the use of helipad at Nilakkal is
concerned, along with the additional statement filed by the 3 rd
respondent, a copy of Annexure R3(e) Minimum Safety
Requirement for Temporary Helicopter Landing Area as
directed by the Director General of Civil Aviation is placed on
record. During the course of arguments, the specific stand
taken by the learned Standing Counsel for the 3 rd respondent
is that any use of helipad at Nilakkal will be strictly in
conformity with the aforesaid requirements, with prior
permission of the competent authorities and with prior
intimation to the District administration.
62. The learned counsel for the 10 th respondent would
D.B.P No.3 of 2022
submit that Anjaneya Auditorium in the premises of Pamba
Ganapathi Temple is now occupied by the Police, till
18.02.2022 for Virtual-Q booking. In case the said auditorium
is available from 19.02.2022, the 10th respondent may be
permitted to conduct the programme 'Ramakatha' in that
auditorium, subject to the conditions that may be imposed by
the Travancore Devaswom Board and also the District
administration. The learned counsel would submit that the 10 th
respondent shall take necessary steps to ensure that the
conduct of 'Ramakatha' in Anjaneya auditorium, if permitted
by the Travancore Devaswom Board, is without causing any
inconvenience whatsoever to the devotees coming to that
temple and without causing any disturbance whatsoever to the
daily rituals and ceremonies. The 10 th respondent shall also
ensure that the conduct of the said programme at Anjaneya
auditorium causes any disturbance to the wildlife.
63. The learned Standing Counsel for Travancore
Devaswom Board would submit that, if any such request is
received from the 10th respondent for conducting the
programme 'Ramakatha' at Anjaneya auditorium, the Board
shall consider the same and take an appropriate decision on
D.B.P No.3 of 2022
that request in consultation with the District administration in
view of the restrictions imposed in connection with Covid-19
pandemic. The aforesaid submission made by the learned
Standing Counsel, on behalf of the 3rd respondent Travancore
Devaswom Board, is recorded.
64. Considering the facts and circumstances borne out
from the materials on record, we deem it appropriate to direct
the Special Commissioner, Sabarimala to submit a report
before this Court as to the measures that have to be taken to
ensure that similar incidents are not repeated at Pamba-
Manalppuram in future. The report of the Special
Commissioner shall be placed on record within three weeks.
The DBP is disposed of as above.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
bkn/-
PTO
D.B.P No.3 of 2022
The words 'where lacks of pilgrims' occurring in the first
sentence of paragraph 30 of the judgment dated 16.02.2022
in D.B.P.No.3 of 2022 is corrected as 'where lakhs of pilgrims'
and the words 'causes any disturbance to the wildlife'
occurring in the last sentence of paragraph 62 is corrected as
'causes no disturbance to the wildlife' vide order dated
17.02.2022 in D.B.P.No.3 of 2022.
Sd/-
Deputy Registrar
D.B.P No.3 of 2022
APPENDIX
3RD RESPONDENT'S ANNEXURES:
ANNEXURE R3(A) TRUE COPY OF THE REQUEST DATED
26.08.2021 GIVEN BY SHRI.NANDKISHORE
BAJORIA CHARITABLE TRUST TO THE
PRESIDENT, TRAVANCORE DEVASWOM BOARD.
ANNEXURE R3(B) TRUE COPY OF THE ORDER, ROC
NO.5144/2021/SAB DATED 31.12.2021
GRANTING PERMISSION TO THE TRUST FOR
CONDUCTING RAMAKATHA.
ANNEXURE R3(C) TRUE COPY OF THE COMMUNICATION DATED
27.01.2022 GIVEN BY THE DISTRICT
MEDICAL OFFICER TO SHRI.NANDKISHORE
BAJORIA CHARITABLE TRUST.
ANNEXURE R3(D) TRUE COPY OF THE REQUEST DATED
28.01.2022 GIVEN BY THE EXECUTIVE
OFFICER, SABARIMALA TO THE DISTRICT
COLLECTOR, PATHANAMTHITTA.
ANNEXURE R3(E) TRUE COPY OF THE CIVIL AVIATION
REQUIREMENTS (CAR), MINIMUM SAFETY
REQUIREMENTS FOR TEMPORARY HELICOPTER
LANDING AREAS PRESCRIBED BY THE
DIRECTOR GENERAL OF CIVIL AVIATION.
ANNEXURE R3(F) TRUE COPY OF THE COMMUNICATION GIVEN
FROM THE MINISTRY OF CIVIL AVAITION,
D.O.NO.AV.22011/1/2016-GA-MoCA DATED
14.06.2019 STATING THAT NO APPROVAL IS
REQUIRED FROM THE DISTRICT AUTHORITIES
FOR HELICOPTER OPERATIONS.
10TH RESPONDENT'S EXHIBITS:
EXHIBIT R10(A) TRUE COPY OF THE APPLICATION FILED BY
THE 10TH RESPONDENT TRUST DATED
24.11.2021
EXHIBIT R10(B) TRUE COPY OF THE PERMISSION GRANTED BY
THE DEVASWOM BOARD DATED 31.12.2021.
D.B.P No.3 of 2022
EXHIBIT R10(C) TRUE COPY OF THE REQUEST GIVEN BY THE
10TH RESPONDENT TRUST TO WILD LIFE
WARDEN DATED 24.01.2022.
EXHIBIT R10(D) TRUE COPY OF THE REQUEST GIVEN BY THE
10TH RESPONDENT TRUST TO ASSISTANT
ENGINEER, KERALA WATER AUTHORITY DATED
15.01.2022.
EXHIBIT R10(E) TRUE COPY OF THE LETTER ISSUED BY THE
STATION HOUSE OFFICER PAMBA DATED
01.02.2022.
EXHIBIT R10(F) TRUE COPY OF THE LETTER ISSUED BY THE
DISTRICT MEDICAL OFFICER DATED
27.01.2022.
EXHIBIT R10(G) TRUE COPY OF THE ORDER ISSUED BY THE
REGIONAL FIRE OFFICER DATED
25.01.2022.
EXHIBIT R10(H) TRUE COPY OF THE PHOTOGRAPHS DATED
NIL.
EXHIBIT R10(I) TRUE COPY OF THE ORDER ISSUED BY THE
GOVERNMENT BY INFORMING MODIFIED COVID
PROTOCOLS AND DIRECTIONS
G.O.NO.109/2022/DMD DATED 04.02.2022.
EXHIBIT R10(J) TRUE COPY OF THE CERTIFICATE OF
AIRWORTHINESS ISSUED BY THE DIRECTOR
GENERAL OF CIVIL AVIATION DATED
13.01.2022.
EXHIBIT R10(K) TRUE COPY OF THE APPLICATION SUBMITTED
BY THE ADDITIONAL 10TH RESPONDENT
BEFORE THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE DATED
14.02.2022.
