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.
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2
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:
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3
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
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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
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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
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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
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
