SURESH KUMAR T.J v. STATE OF KERALA

BY ADVS. SRI S. RAJMOHAN SRI G. BIJU - STANDING COUNSEL - TRAVANCORE DEVASWOM BOARD – SENIOR GOVERNMENT PLEADER ; THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.963 of 2024 3 Anil K. Narendran, J. JUDGMENT The petitioner, who is the Kuthaka holder in respect of Kuthaka item 196 in the list of Kuthaka items, which forms part of the e-tender notification issued by the 5th respondent Executive Officer, Sabarimala during the Mandala-Makaravilakku festival season of 1199 ME (2023-2024) from 11.11.2023 till

31.10.2024, has filed this writ petition under Article 226 of the Constitution of India seeking a declaration that persons (Kuthaka holders) permitted by the Travancore Devaswom Board, with the licence issued by the 10th respondent Ranni-Perunadu Grama Panchayat alone are entitled to sell any articles including food items in Nilakkal in Pathanamthitta District. The petitioner has also sought for a writ of mandamus commanding the respondents to take necessary steps to ensure that there is no sale of articles in Nilakkal except by persons (Kuthaka holders) having permission from the Travancore Devaswom Board; a writ of mandamus commanding respondents 2 to 5 to take necessary steps to ensure that there is no sale of articles including food items to Sabarimala pilgrims in Nilakkal, in violation of the terms and conditions of the e-tender notification issued by the 5th respondent Executive Officer, Sabarimala; and a writ of W.P.(C)No.963 of 2024 4 mandamus commanding respondents 5 and 6 to consider and take appropriate action of Exts.P6 and P7 representations dated

23.12.2023, within a time limit to be specified by this Court.

2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for the State and the official respondents and learned Standing Counsel Travancore Devaswom Board for the Board and its officials.

3. Regarding presence unauthorised hawkers/sellers of articles including plastic toys, plastic articles and drinking water in PET bottles at Nilakkal, the Special Commissioner, Sabarimala has filed SSCR No.2 of 2024. That report was disposed of by the order dated 08.01.2024. Paragraphs 6 to 10 and also the last paragraph of that order read thus : “6. Regarding crowd management and other matters at Sabarimala in connection with Mandala-Makaravilakku festival season of 1199 ME (2023-24), the Special Commissioner, Sabarimala has filed SSCR No.29 of 2023, in which this Court has issued various directions. Paragraphs 4 to 6 of the order of this Court dated 05.01.2024 in SSCR Nos.29 of 2023 and 36 of 2023 read thus; “4. In the order dated 18.12.2023, this Court noticed that certain Kuthaka holders in Nilakkal Devaswom have secured licence from Ranni-Perunad Grama Panchayat, which enables them to conduct business in W.P.(C)No.963 of 2024 5 their respective stalls, even beyond the scope of the respective Kuthaka rights granted by the Travancore Devaswom Board. By the said order, the Secretary of Ranni-Perunad Grama Panchayat and also Secretary of Erumeli Grama Panchayat were directed to take necessary steps to ensure that the activities undertaken by the Kuthaka holders in the respective shops are confined to their Kuthaka rights shown in the certificate issued by the Executive Officer, Sabarimala.

5. By the order dated 19.12.2023, the additional 28th respondent Deputy Controller (Flying Squad), Legal Metrology Department, Pathanamthitta and additional 29th respondent Deputy Controller (Flying Squad), Legal Metrology Department, Kottayam were directed to deploy Inspectors at Sannidhanam and Pamba and also in the traditional trekking path. The Flying Squads at Nilakkal and Erumeli were directed to ensure that all Kuthaka holders at Sannidhanam, Pamba, on the side of the trekking path, Nilakkal and also at Erumeli are not collecting from the pilgrims price in excess of the price fixed in the notifications issued by the District Collectors at Pathanamthitta and Kottayam in the eateries at those places. It was directed that in case any such Kuthaka holder/trader is found collecting excess fee from the pilgrims from the neighbouring States, stringent action shall be taken against such Kuthaka holder/trader. Any such collection by a Kuthaka holder in Sabarimala and Erumeli, was directed to be brought to the notice of the Executive Magistrates at Sannidhanam, Pamba, Nilakkal and Erumeli, who shall report the same forthwith to the Travancore Devaswom Board and also to the Special Commissioner, Sabarimala. It was also W.P.(C)No.963 of 2024 6 directed that on such reports being received, the Board shall take stringent action against such Kuthaka holder for cancellation of Kuthaka right and even for blacklisting such a person.

6. Additional respondents 28 and 29 - Deputy Controllers (Flying Squad) - and also the Secretaries of Ranni Perunad and Erumeli Grama Panchayats are directed to ensure strict compliance of the aforesaid directions contained in the orders dated 18.12.2023 and 19.12.2023, letter and spirit, during Makaravilakku festival season. They shall also ensure that there is no sale of drinking water or soft drinks in pet bottles or plastic bottles or use of plastic carry bags by any Kuthaka holder/trader at Sabarimala and Erumeli. The Vigilance Wing of the Travancore Devaswom Board shall also conduct regular inspections at Sabarimala and at Erumeli in order to ensure strict compliance of the directions contained in the orders of this Court.”

7. The learned Standing Counsel for Ranni-Perunadu Grama Panchayat has made available for the perusal of this Court, an action taken report of the Secretary of that Grama Panchayat in SSCR No.29 of 2023. In that report, regarding the issues covered by this SSCR, it is stated as follows: “ബഹു.കേരള ഹഹകകോടതി സ്വകേധയ എടു്ᩈി്ᨾു്ള SSCR-2-2024 നം. കേസ്ിൽ തുടർനടപടി സ്വീേരികു്ᩐതിൻ് റെ ഭോഗേോയി േു്ᩔിറെ്ളം, ്ᩜോ്ഹിക് കബോ്ᨾിലിലു്ള പോനീയ്ങൾ എ്ᩐിെ നിലᩄ᪚കൽ, പ്ᩘ, സ്്ᩐിധോനം എ്ᩐിെിട്ങളിൽ േർശനേോയി നികരോധികു്ᩐതിന് പ്പകതേേ ്ⵄേവോഡിറന നികയോഗി്ചു. േേര െിളക ഉൽസ്െം േഴിയു്ᩐ െറര ്ഽിരേോയി ജീെനകോറര ഈ ആെശേ്ᩈികലക നിയേികു്ᩐതിന് ജിലലോ തല്ᩈിൽ െേു്ᩔ നടപടി W.P.(C)No.963 of 2024 7 സ്വീേരി്ചി്ᨾു്ᩂ . നിലᩄ᪚കൽ ഡേൂ്ᨾി േജി്ⵄകപ്ട്റ പിടിറ്ചടു്ᩈ ഒരു കലോഡ് േു്ᩔിറെ്ളം ഹൈൻ ഈടോകി തുടർ നടപടി ’ഹേറകോ്ളു്ᩐതിനോയി ജീെനകോർ 06/01/2024 രോെിറല േേോ്ᩘികലക പുെറ്ᩔടു്ᩐതോണ്.”

8. The learned Standing Counsel would point out that on

06.01.2024, the Secretary of Ranni-Perunadu Grama Panchayat has seized 256 cases of drinking water in PET bottles brought in a goods carriage and imposed a fine of Rs.10,000/-.

9. The Special Commissioner, Sabarimala has filed a supplementary report dated 05.01.2024, wherein it is stated that due to the presence of the unauthorised hawkers, whose identities are not verified, who remain inside the Nilakkal Base Camp, which is a Special Security Zone, serious security lapses may occur. Recently an unauthorised vendor attacked another unauthorised vendor and stabbed him in his neck with a sharp stick and attempted to murder him due to rivalry in connection with the pricing of their articles. Nilakkal Police has registered Crime No.22/2023, for the offence punishable under Sections 294 B, 506(i), 506(ii), 324 and 307 of the Indian Penal Code, 1860.

10. The learned Senior Government Pleader would submit that the Inspectors deployed by the Deputy Controller (Flying Squad), Legal Metrology Department, Pathanamthitta and also the Duty Magistrates are conducting regular inspections at Sannidhanam, Pamba and Nilakkal, in terms of the directions issued by this Court in the orders in SSCR No.29 of 2023. Having considered the reports of the Special Commissioner, Sabarimala and also the submissions made at the Bar, we deem it appropriate to direct the 2nd respondent District W.P.(C)No.963 of 2024 8 Collector, Pathanamthitta, the 3rd respondent District Police Chief, Pathanamthitta, the 4th respondent Deputy Director, Periyar West Division, the 9th respondent Executive Officer, Sabarimala and the Secretary of the 10th respondent Ranni- Perunad Grama Panchayat to prevent the sale of plastic bottles, packed drinking water in plastic/PET bottles and also the sale of plastic utensils and toys in Sannidhanam, Pamba and Nilakkal and also in the trekking path, by any Kuthaka holder or unauthorised hawkers, through the Duty Magistrates, Inspectors of the Legal Metrology Department, the enforcement squad of Ranni-Perunad Grama Panchayat and also the Vigilance Wing of the Travancore Devaswom Board. The Board shall take stern action against the Kuthaka holders who are selling packed drinking water in plastic/PET bottles other plastic articles Sannidhanam, Pamba and Nilakkal, in violation of clause No.43 of the general conditions which forms part of the tender notifications issued for auctioning the Kuthaka rights. The Board shall close down the shops of the Kuthaka holders who have violated clause No.43 of the general conditions. Police, District Administration and Grama Panchayat shall take immediate steps to remove all unauthorised hawkers from Nilakkal, Pamba and Sannidhanam.”

4. In the order dated 05.01.2024 in SSCR Nos.29 of 2023 and 36 of 2023, quoted in paragraph 6 of the order in SSCR No.2 of 2024, this Court directed the Secretary of the Ranni-Perunadu Grama Panchayat to take necessary steps to ensure that the activities undertaken by the Kuthaka holders in the respective shops are confined to their Kuthaka rights shown W.P.(C)No.963 of 2024 9 in the certificate issued by the 5th respondent Executive Officer, Sabarimala. In the above circumstances, this writ petition is disposed of in terms of the aforesaid directions issued in the order of this Court dated 05.01.2024 in SSCR Nos.29 and 36 of 2023 and the order dated 08.01.2024 in SSCR No.2 of 2024. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE W.P.(C)No.963 of 2024 10 APPENDIX OF WP(C) 963/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF RELEVANT PAGES OF DB ROC.04/23 /SABARIMALA (MONOPOLY) DATED 07/ 08/ 2023 (DB ROC. 04/23/ SABARIMALA (MONOPOLY) DATED 21/09/2023 ALONG WITH 2 PAGES OF DETAILS OF MONOPOLY PUBLISHED BY 5TH RESPONDENT TRUE COPY OF CERTIFICATE NUMBER EOP NO.196/23/SABARIMALA DATED 30-11-2023 ISSUED BY 5TH RESPONDENT STATING THAT PETITIONER HAS BEEN ALLOTTED STALL NO.196 TRUE COPY OF TDB CHALLAN NUMBER ST 4969 DATED 26-11-2023 REGARDING PAYMENT OF RS.19,01,000/- TRUE COPY OF LICENSE NUMBER 5616/2023 DATED 07-12-2023 ISSUED BY 10TH RESPONDENT PANCHAYATH TO THE PETITIONER TRUE COPY OF LICENSE DATED 29-11-2023 WITH REFERENCE NUMBER 30231129115066878 UNDER THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA TRUE COPY OF THE PETITION DATED 23-12-2023 BEFORE THE 5TH RESPONDENT TRUE COPY OF THE PETITION DATED 23-12-2023 BEFORE THE 6TH RESPONDENT