Kerala High Court
Akhila Bharatheeya Ayyappa Seva Sangam vs State Of Kerala, Represented By Its ... on 7 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:5847
W.P(C) No.40717/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TH
THURSDAY, THE 7 DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 40717 OF 2023
PETITIONER:
AKHILA BHARATHEEYA AYYAPPA SEVA SANGAM, BRANCH NO.18,
ERUMELY P.O., KOTTAYAM DISTRICT.
REPRESENTED BY ITS GENERAL SECRETARY, SOJI RAJAPPAN,
AGED 45 YEARS, S/O. K.K. RAJAPPAN, KARIMPANALKUNNEL, ERUMELY
P.O. KOTTAYAM - 686509
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 PRINCIPAL SECRETARY (HEALTH, DEPARTMENT OF HEALTH AND FAMILY
WELFARE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR, DIRECTORATE OF HEALTH SERVICES, GOVERNMENT OF
KERALA, OFFICE OF THE DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN - 695035
4 THE TRAVANCORE DEVASWOM BOARD (TDB)
REPRESENTED BY ITS SECRETARY, DEVASWOM HEADQUARTERS,
NANTHANCODE, KOWDIAR (PO), THIRUVANANTHAPURAM, PIN - 695003
5 DISTRICT COLLECTOR, KOTTAYAM,
COLLECTORATE, KOTTAYAM, PIN - 686002
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W.P(C) No.40717/2023 2
6 DISTRICT MEDICAL OFFICER, KOTTAYAM, DISTRICT MEDICAL OFFICE,
COLLECTORATE, KOTTAYAM DISTRICT, PIN - 686001
7 CHARGE OFFICER, (REVENUE CONTROL ROOM), REVENUE CONTROL
ROOM, ERUMELY. KOTTAYAM DISTRICT, PIN - 686509
8 ERUMELY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY
ERUMELY, KOTTAYAM DISTRICT, PIN - 686509
9 SECRETARY, ERUMELY GRAMA PANCHAYAT
ERUMELY, KOTTAYAM DISTRICT, PIN - 686509
0 HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE ERUMELY
ERUMELY, KOTTAYAM DISTRICT, PIN - 686509
11 STATION HOUSE OFFICER,
ERUMELY POLICE STATION, ERUMELY. KOTTAYAM PIN - 686509
12 ABDUL SHAMEEM, KARUTHEDATHU HOUSE, ERUMELY P.O., CHARALA,
KOTTAYAM DISTRICT, PIN - 686509
13 ADDL.R13. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEAD QUARTERS, NANTHAN CODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
14 ADDL.R14. DEPUTY DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, PATHANAMTHITTA, PIN - 689645
(ADDL.R13 AND ADDL.R14 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 05-12-2023 IN WPC 40717/2023)
BY ADVS.
SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
SHRI.JIBU P THOMAS
SRI.SOORAJ T.ELENJICKAL FOR R12
SMT.HELEN P.A.
SMT.STEPHANIE SHARON
SHRI.ATHUL ROY
SHRI.NITHIN ANTONY JOSE
KUM.CHITHRA CHANDRASEKHARAN SC FOR ERUMELY GRAMA PANCHAYATH
SRI.S. RAJMOHAN, SR GP
SRI.JACOB CHACKO
SHRI.SOURADH C. VALSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2025, THE COURT ON 07.08.2025 DELIVERED THE FOLLOWING:
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W.P(C) No.40717/2023 3
JUDGMENT
K. V. Jayakumar, J.
The above captioned Writ Petition is preferred, claiming the following
reliefs:
a) Issue a writ in the nature of mandamus or any other
appropriate writ, order ог direction commanding respondents 6,
7, 9 and 10 to conduct regular inspection of places vending food
and beverages in connection with Sabarimala pilgrimage in and
around Erumely during Mandalam Makaravilakku season and to
ensure that food and beverages served there is hygienic and no
noxious substances or water is being used or distributing to
pilgrims, even free of cost.
(b) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing respondents 9, 10
and 11 to take exemplary and deterrent action against 12th
respondent in accordance with law.
(c) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing respondent
panchayat to not to issue licence to sell food and beverages to
the 12th respondent and to cancel licences, if any already issued.
(d) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing 11th respondent to
initiate investigation against the 12th respondent against the
offence committed by him and proceed against him in
accordance with law.
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2. The writ petitioner, Akhila Bharatheeya Ayyappa Seva Sangam, is
an organization of the devotees of Lord Sree Ayyappa and working for the
welfare of the devotees and pilgrims to Sabarimala. The said organization
renders various services to devotees such as supplies of medicated hot drinking
water, food shelter, medicines and the like. It is stated that the said Sangam
also conducts annadhanam in all the camps especially at valiyanavattom and at
Sannidhanam.
3. It is submitted that the 4th respondent, Travancore Devaswom
Board (TDB), conducts an auction every year and allot space for conducting
various businesses near the temple. It is affirmed in the petition that the 12th
respondent, Abdul Shameem, purchased the right to conduct plot No.B4/22 in
the main parking ground of Erumely for erecting a temporary stall and to sell
lemon water, juices, tea, coffee, snacks etc,. The said stall is located adjacent
to the two-storied toilet complex near the parking ground. It is submitted that
the 12th respondent erected the temporary structure and commenced business
on 14.11.2023 without obtaining the mandatory health card and without
securing the required D & O license from the local authority.
4. The 12th respondent has been vending lemon water, tea, coffee
and juices in the most unhygienic and unhealthy manner unauthorizedly, tapping
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water from a toilet in the toilet complex. The water in the toilet complex is
directly pumped from the 'Valiyathodu' passing in front of the Erumely Sree
Dharma Sastha Temple. The water pumped is stored in an overhead tank above
the toilet complex. It is contended that the 12th respondent has connected a
plastic hose to a tap in the toilet room adjacent to his shop, drawn water from
it, and collected the same in a drum kept inside his shop, which he uses for
vending tea, juice, and other beverages.
5. Ext.P1 is the photographs of the 12th respondent's stall and the
surroundings. Even though the writ petitioner has lodged complaints to
respondent Nos.7 and 9 to 11, no action has been taken against the 12th
respondent so far. The respondents entered appearance and filed counter
statements. The 5th respondent, the District Collector has filed a detailed
counter affidavit. Paragraphs 3 to 6 read thus:
3. It is submitted that during the Sabarimala pilgrimage
2023-2024 Revenue control room and vigilance squad were
posted as per Proceedings No. DCKTM8724/2023-H5 dated
14/11/2023 Officials from various departments like Revenue Civil
Supplies, Health, Legal Metrology were posted at Erumeli since
17/11/2023.
4. It is submitted that a report was submitted on
28.11.2023 by Charge officer, revenue control room Erumeli
regarding the usage of unhealthy and unhygienic lapping water
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from the toilet complex was using in the tea stall. The complaint
was received by the Charge Officer on 27/11/2023. The squad
inspected the area and the health inspector in the squad found
out that unhealthy water from the toilet was used in the tea stall.
The tea stall was working in the Devaswom Board parking ground
which was very close to public toilet block and was owned by Mr.
Abdul Shameem Karuthedathu. The squad team informed the
Community Health Centre, Erumeli, Police Authorities and Erumeli
Grama Panchayath and the authorities of the Health Department
took action and issued Stop Memo and closed the shop within no
time.
5. It is submitted that based in the Charge Officer's report it
was known that Devaswam Board Authorities allowed the stall in
the parking ground and recommended to issue license and the
vendor submitted an application at the Erumeli Grama
Panchayath. On the basis of the report, on the same day
instructions were given to the Secretary Erumeli Grama
Panchayath, and the Assistant Commissioner, Food & Safety to
take strict actions against the vendor for the unlawful activities
and for regular inspection of the place where food, snacks & cool
drinks were prepared.
6. It is submitted that the report from the Secretary, Erumeli,
Grama Panchayath dated 29.11.2023 it was known that a fine of
Rs.25000/- was imposed to the vendor and the shop were sealed.
6. The 4th respondent, TDB represented by its Secretary, has filed a
counter affidavit. Paragraphs 5 to 7 read thus:
5. It is submitted that the above incident came to the notice of
the Deputy Devaswom Commissioner through newspaper on
28-11-2023. Soon after this incident, the Deputy Devaswom
Commissioner, Pathanamthitta, sent a report to the Devaswom
Commissioner on 29-11-2023. In this report, he stated that the
"Kuthaka" right to conduct stall No. B4/22 had been awarded to
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the 12th respondent. On 27-11-2023, revenus, police, and health
officers conducted a surprise check in the aforementioned shop
and found that the 12th respondent was using water from the
nearby toilet block for preparing tea, coffee, and other beverages.
It was further reported that he received a complaint from Sri. K.R.
Soji. District Coordinator, BJP. The Deputy Devaswom
Commissioner contacted the revenue and health officials, and it
was learned that they recovered fine from the 12th respondent.
The kuthaka holder cannot conduct the shop without having a
valid license issued by the Panchayath even though kuthaka right
to conduct a particular stall/shop is awarded to him. The Deputy
Devaswom Commissioner issued a notice to the 12th respondent,
who submitted a reply on November 30, 2023, denying the
allegations contained in the notice.
6. It is submitted that the 12th respondent, in his reply,
reiterated that he had never used tap water for the preparation of
tea or coffee. He stated that he used to prepare tea and coffee
using mineral water supplied by S.M. Agencies packaged drinking
water, Pathanamthitta. He further stated that the complainant was
the "Kuthaka" holder for the same shop during the previous year,
and in 2023 he could not secure the kuthaka and that is the
reason for the present complaint against him.
7. It is submitted that based on the reply received from the
12th respondent kuthaka holder, the Deputy Devaswom
Commissioner, Pathanamthitta, submitted a report dated
01-12-2023 to the Devaswom Commissioner. In this report, it is
stated that no complaint was received against the 12th
respondent. The inspection conducted by the Revenue, Health
and the Panchayath or the action taken against 12th respondent
were not communicated to him or any officers of the Travancore
Devaswom Board. Nobody was present there at the time of their
surprise check. Therefore, he could not verify the veracity of the
complaint. He became aware of the incident through the
newspaper report. Thereafter, a complaint was received from K.
R. Soji for action against the 12th respondent. In the report, the
Deputy Devaswom Commissioner has not recommended any
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action against the 12th respondent. Hence the Devaswom
Commissioner did not take any further action on the report. The
12th respondent has not participated in the auction of kuthaka
right for the shops in the subsequent year. The writ petitioner has
not sought any relief against this respondent in this writ petition."
7. The 12th respondent has filed a counter-affidavit refuting the
allegations levelled against him. It is stated that he conducted business in an
honest and straightforward manner. He has produced Ext.R12(c) license issued
by the Food Safety and Standards Act, 2006.
8. The grievance of the petitioner is that the food and beverages
supplied to the devotees and pilgrims of Lord Ayyappa during the Mandala
Makaravilakku festival are prepared and served in an unhygienic and unhealthy
manner. The learned counsel for the petitioner submitted about the shocking
incident of drawing of water from a toilet complex for vending lemon, tea,
coffee, juice etc in the shop run by the 12th respondent. The petitioner prays
that proper directions be issued by this Court to avoid the recurrence of such
incidents and to ensure safe drinking water, food, and beverages in Sabarimala.
9. The learned counsel for the 5th respondent submitted that during
the Sabarimala pilgrimage 2023-2024, revenue control room and vigilance squad
were posted as per proceedings dated 14.11.2023. Officials from various
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departments like Revenue, Civil Supplies, Health and Legal Metrology were
posted at Erumeli since 17.11.2023. Based on the complaint, a squad inspected
the area and found out that unhealthy water from the toilet complex was used
in the tea stall run by the 12th respondent and the tea stall was very close to the
public toilet complex block. Based on the charge officers report, instructions
were given to the Secretary, Erumely Grama Panchayath and the Assistant
Commissioner, Food and Safety to take strict actions against the vendor for the
unlawful activities and for regular inspection of the place where food, snacks &
cool drinks were prepared. The learned Government Pleader submitted that, on
the basis of the report of the Secretary, Erumely Grama Panchayath, a fine of
Rs.25,000/- was imposed on the vendor and the shop was sealed.
10. We have carefully considered the submissions of the learned
counsel for the petitioner and the learned Government Pleader and the Standing
counsel for the TDB.
11. We are bewildered and dismayed, when we are informed about
the way in which the beverages and food were prepared in a pilgrim place like
Sabarimala where a large number of devotees visit in a day during the Mandala
Makaravilakku season. We are disturbed to note that the 12th respondent has
run the shop for about two weeks using the dirty water from a toilet complex in
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an unhealthy and unhygienic condition, unnoticed by any of the authorities
deployed in Sabarimala, during the festival season.
12. No doubt, it is the primary responsibility of the Travancore
Devaswom Board to ensure safe drinking water, healthy and hygienic food, and
a trouble free pilgrimage to the devotees. It is true that the State Government
has deployed the services of various departments like police, revenue, civil
supplies, health, legal metrology, Pollution Control Board and the like. The State
Government shall ensure proper co-ordination of the officers of the various
departments to ensure a hassle free pilgrimage to Sabarimala at Mandala
Makaravilakku every year.
13. Upon hearing the submissions of either side, we deem it
appropriate to dispose of this writ petition with the following directions:
1. The Vigilance wing of Travancore Devaswom Board shall conduct
regular inspections at least once in every week in all the hotels,
restaurants, tea stalls etc, during the Mandala Makaravilakku
season in Sabarimala. The Chief Vigilance Officer of the Travancore
Devaswom Board shall submit a report in this regard to the Special
Commissioner, Sabarimala Devaswom.
2. The Vigilance wing of Travancore Devaswom Board shall conduct
as many surprise checks as possible, in the hotels, restaurants, tea
stalls etc, with a view to avoid the repetition of such untoward
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incidents.
3. The Special Commissioner shall consider such reports of the Chief
Vigilance Officer and report the matter to this Court, if necessary.
4. The Government shall, prior to the commencement of each festive
season, ensure the meetings of various agencies and
instrumentalities of Government deployed at Sabarimala for
ensuring safe drinking water, healthy and hygienic food items.
5. The State Government shall endeavour to provide health and
sanitation facilities to the pilgrims to Sabarimala.
6. The Food Safety Commissioner of the State shall ensure that the
various provisions of the Food Safety and Standards Act, 2006, are
scrupulously followed in Sabarimala.
7. The Squad attached to the Executive Magistrate shall conduct
periodic and surprise checks at hotels, restaurants, tea stalls etc,
and report the matter to the Executive Magistrate.
8. The Travancore Devaswom Board shall initiate steps for blacklisting
the licensees who violate the various provisions of the Statute or
commit breach of conditions of the license or kuthaka right.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Sbna/
2025:KER:5847
APPENDIX OF WP(C) 40717/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS
Exhibit P2 TRUE COPY OF THE LETTER OF THE 7TH RESPONDENT
ADDRESSED TO THE 9TH RESPONDENT DATED 27.11.2023
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 9TH RESPONDENT DATED
28.11.2023
Exhibit P4 TRUE COPY OF THE COMPLAINT MADE BEFORE THE 7TH
RESPONDENT DATED 30.11.2023 SUBMITTED BY THE K.R.
SOJI BJP KOTTAYAM CELL CO-COORDINATOR
Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE K.R.
SOJI BJP KOTTAYAM CELL CO-COORDINATOR BEFORE THE
11TH RESPONDENT DATED 29.11.2023
RESPONDENT EXHIBITS
Exhibit R9(a) TRUE COPY OF THE LETTER NUMBER 197 ISSUED BY THE
4TH RESPONDENT TO THIS RESPONDENT DATED 6/11/2023
Exhibit R9(b) TRUE COPY OF THE LICENSE ISSUED BY THIS
RESPONDENT TO THE 12TH RESPONDENT DATED
14/11/2023,LETTER NUMBER SC5-8492/16/2023
Exhibit R9 (c) TRUE COPY OF THE CIRCULAR NO. 1/37/2023/LSGI PART
1 DATED 24/03/2023
Exhibit R9(d) TRUE COPY OF THE NOTICE NUMBER
400526/GGDC08/GPO/2023/6909/(1) ISSUED BY THIS
RESPONDENT TO THE 12TH RESPONDENT DATED
28/11/2023
Exhibit R9(e) TRUE COPY OF THE REPLY SUBMITTED BY THE 12TH
RESPONDENT BEFORE THIS RESPONDENT DATED NIL.
Exhibit R9(f) TRUE COPY OF THE STOP MEMO NO.
400526/GGDCO8/GPO/2023/6909 ISSUED BY THIS
RESPONDENT TO THE 12TH RESPONDENT DATED
30/11/2023
Exhibit R9(g) TRUE COPY OF THE PAYMENT RECEIPT NO. 1230102937/
G051101 DATED 30/11/2023 ISSUED FROM THE OFFICE
OF THE 8TH RESPONDENT TO THE 12TH RESPONDENT ON
30/11/2023
Exhibit R9(h) TRUE COPY OF THE LETTER NUMBER
400526/GGDC08/GPO/2023/6909 ISSUED BY THIS
RESPONDENT TO THE 12TH RESPONDENT DATED
27/03/2025
Exhibit R9(i) TRUE COPY OF THE PAYMENT RECEIPT
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NO.R-G051101-25000303 DATED 22/04/2025
Exhibit R12(c) A true copy of the FSSAI license dated 27.11.2023
Exhibit R12(d) notice, believed to have been published by Mr.
Soji Rajaappan
Exhibit R12(e) A true copy of the communication dated 05.10.2024
issued by the 4th Respondent to the 9th
Respondent denoting the allocation of the parking
lot to Mr. Soji Rajappan for the year 2024-25,
along with the translated copy
Exhibit R12(f) A true copy of the letter issued by Mr. Soji
Rajaappan to the 9th Respond ent, dated
06.11.2024 requesting substitution of the license
in the name of his benami
Exhibit R12(b) A true copy of the certificate medical fitness
certificate issued to this Respondent for the
year 2023, dated nil
Exhibit R12(a) A true copy of the image dated 26.11.2023
