Kerala High Court
Suo Motu vs State Of Kerala on 5 September, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
1
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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 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
SSCR NO. 64 OF 2024
(IN THE MATTER OF TRAVANCORE DEVASWOM BOARD -
SABARIMALA SPECIAL COMMISSIONER REPORT - SM. NO. 64/2024 -
REPORT REGARDING THE STEPS TO BE TAKEN TO ENSURE FAIRNESS,
TRANSPARENCY AND ADHERENCE TO THE PRESCRIBED GUIDELINES FOR
THE INTERVIEW OF CANDIDATES TO BE SELECTED FOR SHORTLISTING
TO THE DRAW OF LOTS FOR THE SELECTION OF MELSHANTHIS TO THE
SABARIMALA SREE DHARMASHASTHA TEMPLE AND MALIKAPURAM TEMPLE
FOR THE YEAR 1200 M.E. (2024-2025) - SUO MOTU PROCEEDINGS
INITIATED - REG.)
PETITIONER:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM 695003
2
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3 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILINGS,
NANTHANCODE, THIRUVANANTHAPURAM 695005
4 EXECUTIVE OFFICER
SABARIMALA, SABARIMALA P.O., PATHANAMTHITTA 689
662
OTHER PRESENT:
SR GP SRI RAJMOHAN S, SRI G BIJU, SC, TDB, SMT SAYUJYA
RAMACHANDRAN,SC
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING
COME UP FOR ADMISSION ON 05.09.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
3
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ORDER
Anil K. Narendran, J.
The Special Commissioner, Sabarimala, has filed this report
regarding the steps to be taken to ensure fairness, transparency
and also adherence to the prescribed guidelines for the interview
of candidates to be shortlisted for selection of Melsanthies of
Sabarimala Sree Dharma Sastha Temple and Malikappuram
Temple, for the year 1200 ME (2024-25).
2. Sabarimala Sree Dharma Sastha Temple, which is
situated inside Periyar Tiger Reserve, is a prominent pilgrim
centre in Kerala, where lakhs of devotees trek the rugged
terrains of Western Ghats to have darshan of Lord Ayyappa.
Sabarimala Sree Dharma Sastha Temple and Malikappuram
Temple come under the Travancore Devaswom Board. By reason
of the custom and tradition, Melsanthies of the Temples are
selected every year. The tenure of the Melsanthies is for one year
from the 1st of Vrischikam to the 31st of Thulam next year.
3. In Mohandas Embranthiri v. Travancore
Devaswom Board [2001 (1) KLT 203], in the context of
selection of Melsanthi of Sabarimala Sree Dharma Sastha
Temple, a Division Bench of this Court held that the Travancore
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Devaswom Board, being a State under Article 12 of the
Constitution of India, cannot choose any person as Melsanthi
without any guidelines. For every year, the choosing of Melsanthi
has to be done only after proper selection. The Division Bench
noticed that the notification issued by the Travancore Devaswom
Board inviting applications for the selection of Melsanthi of
Sabarimala Sree Dharma Sastha Temple, for one year starting
from 31st Thulam, 1176, mentions the basic qualifications
necessary for being selected and that, those who have got basic
qualifications will be interviewed by the Committee, which will
include the Thanthri. On the basis of the interview, a short list
will be prepared. The selection will be made from the candidates
included in the short list on the basis of lot in front of the
sanctum sanctorum. The Interview Board should consist of
persons, who have knowledge of the subject on which questions
are put. The Division Bench noticed that the purpose of the
interview is to get best persons for appointment of Melsanthi at
Sabarimala Temple. The knowledge of the candidates in the
three topics should be assessed, which can be done with the
experts in the field.
4. The issue relating to the procedure for selection of
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Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple went up to the Apex Court. When a
challenge was carried against earlier orders issued by this Court,
the Apex Court by the order dated 15.11.2010 in Civil Appeal
No.2570-71 of 2003 referred the matter for mediation. The
'Terms of Settlement' arrived at between the parties were placed
on record along with the report of the Mediator. The said 'Terms
of Settlement' fundamentally related to composition of selection
committee for interviewing and awarding marks for selecting
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple. By the order dated 06.09.2011, the Apex
Court disposed of Civil Appeal No.2570-71 of 2003 in terms of
the 'Terms of Settlement' arrived at between the parties. The
said 'Terms of Settlement' read thus;
"Terms of Settlement:-
1) The composition of the Selection Committee (for
interviewing and awarding marks for selecting "Melsanthi"
for both Sabarimala and Malikappuram temples) was one of
the seriously contested issues. All parties, after detailed
discussions, agreed to have the Selection Committee to
consist of the following persons:
A. i) President of TDB.
ii) The Member of TDB.
iii) The remaining Member of TDB.
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iv) The Commissioner of TDB.
B. i) The Senior Thanthri of "Thazhamon Illam/Madom"
ii) The Junior Thanthri of "Thazhamon Illam / Madom"
C. The "Outside Thanthri" selected in the process indicated
in Clause (a) of Para.2 below:
2) The following modalities have been agreed upon by all as
to the formation of the Selection Committee:
a. The Thazhamon Illam (hereinafter referred to as "the
Illam" for short) will send up names of three persons
whom they consider eminent Thanthries to TDB. Keeping
those names in serious consideration, TDB will draw up a
list of ten persons who are eminent Thanthries. That list
will be forwarded to the Senior Raja of Pandalam Royal
family (hereinafter referred to as "Senior Raja"). The
latter will choose five names from the said list and
forward such names to the Illam. The Senior Thanthri of
the Illam will choose one of them and communicate the
same to TDB. Thereupon, proceedings will be drawn up
by TDB appointing the chosen person as the "Outside
Thanthri" to be on the selection panel. TDB will notify the
same. This panel will be valid for one year. But the same
procedure will be adopted for composition of the
Selection Committee thereafter also year after year,
unless there is statutory intervention.
b. It is made clear that if Illam is not sending up the names
to TDB within one week of receipt of a requisition for that
purpose made by TDB, it is open to TDB to prepare the
panel of names and send it to the Senior Raja. Similarly,
if Senior Raja is not sending the names chosen by him to
the Illam, within one week of receipt of the panel from
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TDB, it is open to TDB to request Thazhamon Illam to
choose one name from the original panel prepared by
TDB.
c. If the Illam is not selecting one person from the panel
sent by the Senior Raja (or by TDB as the case may be)
within a reasonable period, it is open to TDB to choose
one from the panel already formulated by them and
notify him as the "Outside Thanthri" to be on the
Selection Committee.
The above is only for composition of the Selection
Committee. The next task is to select the "Melsanthies".
d. TDB will make the names of all the applicants available
on their web site, so that it is open to the Senior Raja to
find out whether there is any blemish for any of the
applicants and communicate that fact to TDB and or to
the Senior Thanthri, well ahead of commencement of the
selection process.
e. Next is the preparation of a list of selected candidates
after holding the interview of the applicants by the
members of the Selection Committee.
While interviewing candidates for "Melsanthies" the
members of the Selection Committee can award a total of
90 marks. Out of the 90 marks, 30 marks are set apart
for the President, Members and Commissioner of TDB for
putting such questions as are deemed necessary for
eliciting general knowledge of each candidate and to test
his personality. The remaining 60 marks are set apart for
putting questions to elicit candidates' knowledge in
Sanskrit, poojas, rites, Tanthric Rituals and other
religious matters. Questions in this regard shall be put by
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the remaining Members of the Selecting Committee
formulated above. Out of the 60 marks thus set apart for
eliciting the candidates' knowledge in Sanskrit, poojas,
etc. the Unit comprising of the Senior Thanthri and Junior
Thanthri of Thazhamon Illam/ Madom together can award
marks up to 30. The other Unit (the "Outside Thanthri")
can award marks up to 30.
f. After the Selection Committee finalises the list of selected
candidates for both Sabarimala and Malikappuram the
final choice will be made by draw of lot. The Senior Raja
agreed to depute a male child (not above the age of ten)
for Sabarimala and a female child (not above the age of
ten) for Malikappuram for the purpose of drawing the lot.
If male/female child for the above purpose is not deputed
by the Senior Raja within a reasonable period, it is open
to TDB to arrange for draw of lot in such manner as they
deem fit.
3) All parties agreed that the appeals can be disposed of in
terms of the above settlement."
5. In Krishnan Namboothiri S. v. Travancore
Devaswom Board and others [2015 (5) KHC 829], in the
context of selection of Melsanthies of Sabarimala Sree Dharma
Sastha Temple and Malikappuram Temple, another Division
Bench of this Court held that, selection to the post of Melsanthi
cannot be treated as a selection merely for public employment
and the canvas in which grounds relating to Articles 14, 16, etc.,
of the Constitution of India would be etched, will not necessarily
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be carried, as a whole, into such matters. The scheme of the
settlement and purpose of the selection to provide Melsanthies of
Sabarimala Sannidhanam and Malikappuram temples have to be
borne in mind and cohesively treated while assimilating and
applying the terms of the settlement. The Division Bench, though
declined interference with the selection process, indicated before
parting with the case that once the terms of mediation
settlement came to be in operation, the guarantee to the
pilgrims, believers, worshippers and the faithful followers is that
the selection process once carried through the system of the
terms of that settlement will give them two persons who will
occupy the adorable status of being the Melsanthies of
Sabarimala Sannidhanam and Malikappuram temples. When such
seeds of faith are intricately connected with religion, judicial
review is impermissible to embark upon and consider any rival
claims in the manner as is sought to be raised in the writ
petitions. This is all the more so when no breach of the
Constitution of India is demonstrated.
6. In Rajesh J. Potty v. Travancore Devaswom Board
[2018 (5) KHC 220] a Division Bench of this Court was dealing
with a case which was filed by an applicant who applied to take
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part in the selection process leading to the appointment of
Melsanthi at Sabarimala Temple. In the writ petition, it was
alleged that, the petitioner is incapacitated from taking part in
the process because, as per Ext.P1 notification issued by the
Travancore Devaswom Board, only a Santhi (Priest) who has had
12 years' experience, out of which, 10 years being spent
continuously serving as a Melsanthi (Head Priest) of a temple
would alone obtain eligibility for being selected as the Melsanthi
of Sabarimala Temple. In the writ petition, it was contended that
the above stipulation mandating continuous 10 years' service as
Melsanthi amounts to an illegal classification among the
Santhies, since it has no rationale nexus to the objective sought
to be achieved by such classification. The petitioner pointed out
that till 2016, there was no such stipulation in the notifications,
as evidenced by Ext.P9 notification for the year 2013 and
Ext.P10 notification for the year.
7. In Rajesh J. Potty [2018 (5) KHC 220] the Division
Bench noticed that Ext.P1 notification does not provide that
every Santhi who has put in 12 years' service is automatically
eligible; but it additionally prescribes a condition that such
Santhies should also have served as a Melsanthi in a temple for a
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continuous period of 10 years out of this, for being rendered
eligible to be appointed as the Melsanthi of Sabarimala Temple.
Such prescriptive conditions to determine eligibility of a person
can, by no stretch of imagination, be seen as a sub-
classification; but the 12 years continuous service as a Melsanthi
in any other temple is only a qualificational condition precedent
and the fixing of such a period is intended to narrow the field of
choice to the most experienced in terms of years. This becomes
all the more relevant because, going by the notification, a person
who becomes the Melsanthi in Sabarimala can apply again only
after a period of 10 years. These are the prescriptions stipulated
in the notification, not to discriminate among persons; but solely
to ensure that only a person with the stature and experience
behooving the sanctity and divinity of Sabarimala, which is one
of the most or perhaps the most prominent temples in the
country, is identified and appointed. Before the Division Bench, it
was argued by the learned counsel for the petitioner that
Chapter 5 of the Travancore Devaswom Manual published by the
Board in the year 2011 treats 'Santhikkars' as a single class and
that the provisions of a Melsanthi therein are only with respect to
the volume and nature of work in a particular temple. Manual
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does not speak specifically about the difference between
Melsanthies and other Santhies, but only that Melsanthies and
Keezhsanthies are appointed in temples where there is a
requirement of more than one Santhi. Before the Division Bench,
it was argued by the learned Standing Counsel for Travancore
Devaswom Board that the prescription in Ext.P1 notification is in
the nature of specified qualifications for the Sabarimala Temple
alone and that these prescriptions are at variance with those for
other temples, since Sabarimala is not an ordinary temple, which
has its own singular characteristics, which would require the best
and the most experienced Santhi to be appointed as the
Melsanthi. The Board, therefore, in the year 2016, thought it fit
to enumerate certain adscititious conditions to identify the best
candidate, by stipulating that only a person, who has 12 years'
experience as a Santhi, out of which 10 years being continuously
served as a Melsanthi of another temple, would obtain eligibility
for being included in the field of choice for appointment as the
Melsanthi of Sabarimala. Even when all these stipulations
regarding qualification are obtained to a person, he only comes
within the field of choice and he does not get any vested right to
be appointed, since such appointment is based on a further
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selection in the manner as has been postulated by the Apex
Court in its judgment in Civil Appeal Nos.2570-71 of 2003.
8. In Rajesh J. Potty [2018 (5) KHC 220], on
consideration of the aforesaid contentions on the prescription of
the qualifications mentioned in Ext.P1 notification, the Division
Bench found that the attempt of the Travancore Devaswom
Board should always be to find the best among the Santhies, so
that he will be able to perform as a Purappedasanthi of
Sabarimala Temple for a continuous period of one year. His
devotion, his competence, his experience and his devoutness are
all imperatively relevant criteria, which will require to be
specifically and pointedly examined and assessed by the
competent authorities; and in order to find the person most
suitable for the post, the prescription that he should have served
as a Melsanthi for a continuous period of 10 years in the 12 year
period of experience as a Santhi cannot be found to be perverse
in any manner.
9. The norms that only Malayala Brahmins are entitled for
selection as Melsanthies of Sabarimala Sree Dharma Sastha
Temple and Malikappuram Temple was under challenge in W.P.(C)
No.26003 of 2017 and connected cases. Those writ petitions
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were disposed of by a common judgment dated 27.02.2024 -
Vishnunarayanan v. Secretary, Department of Revenue
(Devaswom) [2024 (2) KHC SN 10 : 2024:KER:15059].
SLP(Civil)No.19294 of 2024 filed challenging the said judgment
is now pending consideration before the Apex Court.
10. The captioned report filed by the Special
Commissioner, Sabarimala, pertains to the selection of
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple, for the year 1200 ME (2024-25),
regarding the steps to be taken to ensure fairness, transparency
and also adherence to the prescribed guidelines for the interview
of candidates to be shortlisted for the selection. In the captioned
report the Special Commissioner has pointed out the orders of
this Court dated 10.10.2018 and 29.10.2018 in SSCR No.17 of
2018; the order dated 26.07.2019 in SSCR No.11 of 2019 and
DBA No.7 of 2019; the order dated 25.09.2020 in SSCR No.10 of
2020 and DBA No.10 of 2020; the order dated 28.09.2021 in
SSCR.No.5 of 2021; the order dated 22.09.2022 in SSCR No.12
of 2022; and order dated 11.09.2023 in SSCR No.23 of 2023.
11. For selection of Melsanthies of Sabarimala Sree
Dharma Sastha Temple and Malikappuram Temple, for the year
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1200 ME (2024-25), applications have been called for. After
Vigilance enquiry, 128 applicants (75 for Sabarimala and 53 for
Malikappuram - some applicants are common for both
Devaswoms) are recommended for interview, which is scheduled
to be held on 25.09.2024 and 26.09.2024, at the Travancore
Devaswom Board Head Office, Thiruvananthapuram. In the
report, the Special Commissioner has stated that some of the
applicants, whose applications were rejected based on the
Vigilance enquiry, have filed appeals before the Travancore
Devaswom Board. Two writ petitions are also pending in the
matter.
12. After considering the averments in the captioned
report of the Special Commissioner, Sabarimala and also the
submissions made by the learned Standing Counsel for the
Travancore Devaswom Board, the learned Senior Government
Pleader and also the learned Amicus Curiae for Special
Commissioner, Sabarimala, we are of the view that, in the
matter of selection of Melsanthies of Sabarimala Sree Dharma
Sastha Temple and Malikappuram Temple, for the year 1200 ME
(2024-25), conducted in terms of the order of the Apex Court
dated 06.09.2011 in Civil Appeal No.2570-71 of 2003, the
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guidelines/directions issued in the orders of this Court dated
10.10.2018 and 29.10.2018 in SSCR No.17 of 2018; the order
dated 26.07.2019 in SSCR No.11 of 2019 and DBA No.7 of 2019;
the order dated 25.09.2020 in SSCR No.10 of 2020 and DBA
No.10 of 2020; the orders dated 28.09.2021 and 13.10.2021 in
SSCR No.5 of 2021; the order dated 22.09.2022 in SSCR No.12
of 2022; and the order dated 11.09.2023 in SSCR No.23 of 2023
are to be strictly followed by the Selection Committee. It is
ordered accordingly.
13. By the order dated 22.09.2022 in SSCR No.12 of
2022, the Senior Raja of Pandalam Royal Family was directed to
depute a male child (not above the age of 10 years) for
Sabarimala and a female child (not above the age of 10 years)
for Malikappuram for the purpose of drawing the lot, as per
clause 2(f) of the settlement, for selection of Melsanthies of
Sabarimala Sree Dharma Sastha Temple and Malikappuram
Temple, for the year 1198 ME (2022-23). The said direction,
which was reiterated for the year 1199 ME (2023-24) is
reiterated for the current year, i.e., 1200 ME (2024-25).
14. For the year 1200 ME (2024-25), for selection of
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
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Malikappuram Temple, interview is scheduled to be held on
25.09.2024 and 26.09.2024, at the Travancore Devaswom Board
Head Office, Thiruvananthapuram. From among the successful
candidates, shortlists will have to be prepared and Melsanthies of
Sabarimala Sree Dharma Sastha Temple and Malikappuram
Temple will have to be selected by draw of lots. The constitution
of the Selection Committee, award of marks, etc., are settled as
per the order of the Apex Court dated 06.09.2011 in Civil Appeal
No.2570-71 of 2003 and also the guidelines/directions issued in
the orders of this Court in SSCR No.17 of 2018; SSCR No.11 of
2019 and DBA No.7 of 2019; SSCR No.10 of 2020 and DBA
No.10 of 2020; SSCR No.5 of 2021; SSCR No.12 of 2022 and
SSCR 23 of 2023.
15. Having perused the report of the Special
Commissioner, Sabarimala, we appoint Hon'ble Mr. Justice
T.R. Ramachandran Nair, a former Judge of this Court, as the
'Observer' and request him to oversee the proceedings for
selection of Melsanthies of Sabarimala Sree Dharma Sastha
Temple and Malikappuram Temple, for the year 1200 ME (2024-
25) at the Travancore Devaswom Board Head Office,
Thiruvananthapuram. We also request him to be there in
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Sabarimala at the time of draw of lots. We direct the Travancore
Devaswom Board to arrange necessary conveyance and
accommodation to the Observer.
16. The Observer appointed by this Court for the year
1195 ME (2019-20) reported a wide difference in the marks
awarded by the three Tantries at the time of interview.
Therefore, it was observed in the said report that, it would be
better if the Observer is directed to file a report before the lots
are taken, so that the mark list can be verified by this Court, in
order to ensure that the interview was conducted in a fair
manner. That suggestion is made with a bona fide intention to
ensure that an upper hand is not actually given to any particular
candidate by anyone by granting excessive marks.
17. The learned Standing Counsel for the Travancore
Devaswom Board would submit that the interview is scheduled to
be held on 25.09.2024 and 26.09.2024 from 09:00 a.m.
onwards. It is made clear that all members of the Selection
Committee shall be present in the Head Office of the Travancore
Devaswom Board, well in advance, in order to ensure that the
interview commences at 09:00 a.m., with all the members of the
Selection Committee.
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18. The entries in the mark sheet shall be made only by
using a 'ballpoint pen'. The mark sheets shall be counter signed
by the Observer and shall be kept in safe custody of the
Commissioner of the Travancore Devaswom Board. The entire
proceedings scheduled to be held on 25.09.2024 and
26.09.2024, at the Travancore Devaswom Board Head Office,
Thiruvananthapuram, shall be video-graphed.
19. The entry of persons to the 'Sopanam enclosure' of
Sabarimala Sree Dharma Sastha Temple, at the time of draw of
lots, shall be in terms of the direction contained in the judgment
dated 09.11.2023 in W.P.(C)No.35545 of 2023.
20. The Observer is requested to file a report before this
Court after the culmination of the interview for selection of
Melsanthies of Sabarimala Sree Dharma Sastha Temple and
Malikappuram Temple, for the year 1200 ME (2024-25).
21. After the interview, the Special Commissioner,
Sabarimala, shall file a report before this Court, which shall be
listed before the Bench on the very next working day. The
Commissioner of the Travancore Devaswom Board shall produce
the CD of the selection proceedings, mark lists and also the short
list before this Court, in a sealed cover, through the learned
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Standing Counsel for the Travancore Devaswom Board,
immediately, at any rate, on or before 04.10.2024. After the
production of the mark lists, shortlist and the CD of the selection
proceedings, Travancore Devaswom Board may proceed with the
draw of lots, subject to orders to be passed by this Court on
perusal of the report of the Observer, the short list and the CD of
the selection proceedings.
22. Registry shall ensure that copy of this order and also
copy of the orders of this Court dated 10.10.2018 and
29.10.2018 in SSCR No.17 of 2018; the order dated 26.07.2019
in SSCR No.11 of 2019 and DBA No.7 of 2019; the order dated
25.09.2020 in SSCR No.10 of 2020 and DBA No.10 of 2020; the
orders dated 28.09.2021 and 13.10.2021 in SSCR.No.5 of 2021;
order dated 22.09.2022 in SSCR No.12 of 2022; order dated
11.09.2023 in SSCR No.23 of 2023; and judgment dated
09.11.2023 in W.P.(C)No.35545 of 2023 are furnished to Hon'ble
Mr.Justice T.R. Ramachandran Nair, the Observer.
23. With the above observation, this SSCR is disposed of.
The report to be filed by the Special Commissioner,
Sabarimala in terms of the directions contained in this order shall
be numbered as SSCR. The report of the Observer in a sealed
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cover shall be placed before the Devaswom Bench along with
that SSCR.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
bkn/-
