Kerala High Court
Sheena M.S vs The Travancore Devaswom Board on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
WP(C) NO. 42890 OF 2022(I)
PETITIONER:
SHEENA M.S. AGED 41 YEARS W/O.SURESH P.K., PANTHALANGATTIL HOUSE,
KUNDANNOOR P.O., THALAPILLY TALUK, THRISSUR DISTRICT , PIN - 680590
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM
HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003
2. THE EXECUTIVE OFFICER, TRAVANCORE DEVASWOM BOARD, SABARIMALA
DEVASWOM, PATHANAMTHITTA DISTRICT, PIN - 689662
3. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680003
4. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD
QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to consider and pass orders on
Exhibit P8 submitted by the petitioner, pending disposal of the above Writ
Petition(Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
12-01-2023 and upon hearing the arguments of M/S BABU S. NAIR, SMITHA BABU
Advocates for the petitioner, the court passed the following:
EXHIBIT P6- TRUE COPY OF THE KUTHAKA CWERTIFICATE DATED 8-12-2022
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7- A TRUE COPY OF THE GENERAL CONDITIONS OF TENDERS FOR THE
PILGRIM YEAR 2022-23 OF SABARIMALA DEVASWOM
EXHIBIT P9- TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT MAGISTRATE
THRISSUR DATED 21-11-2022
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
------------------------------
SSCR No.1 of 2023
&
W.P.(C)No.42890 of 2022
-----------------------------------
Dated this the 17th day of January, 2023
ORDER
Anil K. Narendran, J.
On 12.01.2023, when these matters were taken up for
consideration, after arguing for some time, the learned counsel for
the petitioner in W.P.(C)No.42890 of 2022 sought time to place on
record a copy of LE2 licence issued to the petitioner in respect of
the firing platform at Malikappuram.
2. Today, when these matters are taken up for consideration,
along with I.A.No.1 of 2023, the petitioner has placed on record
Ext.P9 proceedings dated 21.11.2022 of the 3rd respondent
Additional District Magistrate, enclosing therewith the licence in
Form LE-2. A reading of Ext.P9 order would show that the 3rd
respondent has granted the said licence to the petitioner, since
there was a direction in the judgment of this Court dated
26.10.2022 in W.P.(C)No.33998 of 2022, whereby the 3rd
respondent is directed to consider the application for licence and
SSCR No.1 of 2023 and conn.cases
grant licence to the petitioner.
3. W.P.(C)No.33998 of 2022 was one filed by the petitioner
seeking a writ of mandamus commanding the Travancore
Devaswom Board and the Executive Officer, Sabarimala Devaswom,
not to proceed with the re-tendering of the Kuthaka item for 'Vedi
Vazhipadu' in Sabarimala Sannidhanam, based on Ext.P7 re-e-
tender notification dated 18.10.2022 issued by the Devaswom
Commissioner. In the said writ petition, the petitioner has also
sought for other reliefs, including the writ of mandamus
commanding the Additional District Magistrate, Thrissur to issue
licence to the petitioner in Form LE-2 under the provisions of the
Explosive Rules, 2008, based on an application dated 17.10.2022,
which was marked as Ext.P6 in that writ petition. By the judgment
dated 26.10.2022, W.P.(C)No.33998 of 2022 ended in dismissal.
The operative portion of that judgment reads thus;
"In the result, the challenge made in this writ petition against
Ext.P7 re-e-tender notification issued by the additional 4tth
respondent Devaswom Commissioner, insofar as it relates to
'Vedi Vazhipadu' in Sabarimala Devaswom, fails. The writ
petition is accordingly dismissed, leaving open the legal and
factual contentions raised by the petitioner. The additional 4th
respondent shall proceed with Ext.P7 re-e-tender notification,
strictly in terms of the eligibility criteria prescribed in the e-
SSCR No.1 of 2023 and conn.cases
tender notification originally issued and Ext.P8 general
conditions, which forms part of that notification, and keeping
in mind the law laid down in the decisions referred to supra."
(underline supplied)
4. The learned Senior Government Pleader seeks time to get
instructions from the 3rd respondent Additional District Magistrate
on the aforesaid reasoning in Ext.P9 order dated 21.11.2022.
5. The learned Senior Government Pleader shall ensure that
the files relating to Ext.P9 proceedings dated 21.11.2022 of the 3rd
respondent Additional District Magistrate grants LE-2 licence to the
petitioner and also the files relating to the LE-2 licence granted in
the name of the Executive Officer, Sabarimala Devaswom in respect
of two firing platforms at Malikappuram and Nadapanthal are made
available for the perusal of this Court on the next posting date.
List on 19.01.2023 for further consideration.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
yd
17-01-2023 /True Copy/ Assistant Registrar
