SUO MOTU v. STATE OF KERALA

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU SRI N.RAGHURAJ - AMICUS CURIAE, SPL.COMMISSIONER, SABARIMALA SC, TDB – SSCR No.5 of 2024 2 THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SSCR No.5 of 2024 Anil K. Narendran, J. 3 ORDER The Special Commissioner, Sabarimala has filed this report regarding the necessity to commence a temporary Annadhana counter by the Travancore Devaswom Board at Pandithavalam on 14.01.2024 and 15.01.2024.

2. Heard the learned Senior Government Pleader for the 1st respondent, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Amicus Curiae for the Special Commissioner, Sabarimala.

3. In view of the provisions under Section 15A of the Travancore Cochin Hindu Religious Institutions Act, it shall be the duty of the Travancore Devaswom Board to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; and to establish and maintain proper facilities in Sabarimala Temple for the devotees.

4. Regarding the Annadanam facilities provided by Travancore Devaswom Board at Sannidhanam, this Court passed a detailed judgment dated 04.04.2023 in W.P.(C)No.35062 of

2022. In the said judgment, this Court observed that the issue raised in the said writ petition is covered by the judgment of a SSCR No.5 of 2024 4 Division Bench of this Court dated 10.11.2022 W.P.(C)No.35827 of 2022, in which one among us (Anil K. Narendran, J) was a party. In paragraph 6 of the judgment in W.P.(C)No.35827 of 2022, this Court noticed the specific stand taken in the counter affidavit filed by the Travancore Devaswom Board that, in compliance with the directions issued by this Court, the Board has constructed an Annadanam hall at Sannidhanam with more than 1,40,000 sq. ft. area, which is having a seating facility for 2,000 pilgrims at a time, which can accommodate 5,000 pilgrims at a time, without seating arrangements. The Board has made all arrangements for providing Annadanam to pilgrims throughout the day. Breakfast, lunch and supper will be given to the pilgrims throughout the day. Annadanam will be provided day and night continuously, with a short intermittent break of 30 minutes for cleaning and arranging the hall and the tables. The Board is expecting approximately 30,000 to 35,000 persons per day Annadanam. The Board has sufficient facilities to provide Annadanam to more persons, in the case of high footfall. The tender process for the supply of vegetables and other materials for the preparation of food (for Mandala-Makaravilakku Festival season of 2022-23) is in the final stage. A sufficient number of SSCR No.5 of 2024 5 workers and staff are arranged for the preparation and distribution of food. A Special Officer has been appointed in Sabarimala for the proper conduct of Annadanam efficiently and without giving room for any complaint. Upma and Kadala, Chukku kappi and Chukku vellam will be given for breakfast in the morning from 6.00 a.m. onwards. Meals with Ponni rice, Sambar, Aviyal, Thoran and Pickle/Vegetable Pulav, Salad and Pickle will be given for lunch from 12.00 noon onwards. Kuthari Kanji, Cherupayar curry and Pickle/Upma and Kadala will be given for Supper in the evening from 6.00 p.m. onwards till the last person leaves Sannidhanam. The Board has constructed a two-storied building at Pampa, which has the capacity to provide food for 500 pilgrims at a time. Sufficient arrangements for Annadanam are also made in Nilakkal. The same dishes will be given in Pampa and Nilakkal. The Board has also made arrangements to provide a sufficient quantity of drinking water and ‘chukkuvellam’ to the pilgrims at Annadanam hall and also at different points throughout the trekking path from Pamba to Sannidhanam.

5. SLP(C)No.23092 of 2023 filed by Akhila Bharatha Ayyappa Seva Sangham, the additional 4th respondent in W.P(C)No.35062 of 2022, ended in dismissal by the order dated SSCR No.5 of 2024 6

10.10.2023, declining interference with the judgment of this Court.

6. Along with the report of the Special Commissioner, Sabarimala, Annexure 1 sketch showing the proposed location of the Annadana Distribution Counter at Pandithavalam produced, which is approximately 800 meters away from the Annadanam Hall at Malikappuram.

7. The learned Standing Counsel for Travancore Devaswom Board, on instructions, would submit that cooked food and drinking water the Annadanam Hall at Malikappuram can be taken to the proposed Annadanam Distribution Counter at Pandithavalam in tractors, which can be distributed to the pilgrims at Pandithavalam on 14.01.2024 and

15.01.2024. The Board will ensure proper drinking water and also toilet facilities at Pandithavalam.

8. The learned Senior Government Pleader would submit that the police and the District Administration are taking necessary steps to ensure the safety of the pilgrims at various Makarajyothi view points, including that at Pandithavalam, by providing barricades and other facilities.

9. The said submission is recorded.

10. Having considered report of the Special SSCR No.5 of 2024 7 Commissioner, Sabarimala and also the submissions made at the Bar, we deem it appropriate to direct the 2nd respondent Travancore Devaswom Board to provide Annadana Distribution Counter at Pandithavalam, in the area identified by the Special Commissioner, Sabarimala, in Annexure 1 sketch, where cooked food and drinking water the Annadanam Hall at Malikappuram shall be distributed to the pilgrims on 14.01.2024 and 15.01.2024. The Board shall ensure toilet facilities at Pandithavalam and Police and the District Administration shall take necessary steps to ensure the safety of the pilgrims at Pandithavalam and other Makarajyothi view points by providing barricades and other facilities. This SSCR is disposed of as above. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE AV/9/1