RAJAPPAN V. K v. STATE OF KERALA

distribution of food to Sabarimala pilgrims. In the writ petition, it is stated that the petitioner, being a member of Karimala Eco- Development Committee, has been allotted a stall by the Forest W.P.(C)No.43820 of 2023 4 Department in Karimala Thavalam, where he is selling fruits, tea, coffee, kanji and snacks to Sabarimala pilgrims. The petitioner and other members are selling food articles at the price fixed by the 2nd respondent District Collector. They are assisting Sabarimala pilgrims and helping the Forest Department in protecting Periyar West Division in Periyar Tiger Reserve and cleaning the traditional path from Mukkuzhi to Pamba. They are also supplying free drinking water to Sabarimala pilgrims. The document marked as Ext.P1 is a copy of Third Micro Plan, 2020- 24 of Karimala Eco-Development Committee. In the writ petition, it is alleged that persons claiming to be members of the 6th respondent Akhila Bharatha Ayyappa Seva Sangham are collecting money from Sabarimala pilgrims and distributing kanji at Karimala. In order to substantiate the same, the petitioner has placed on record Ext.P2 photographs and Ext.P3 receipt for a sum of Rs.100/-. The document marked as Ext.P4 is a copy of representation dated 07.12.2023 made by Ratheesh V.S. and Siju C.R. before the 4th respondent Forest Range Officer against unauthorised collection of money and distribution of kanji at Karimala by the 6th respondent Akhila Bharatha Ayyappa Seva Sangham. The document marked as Ext.P5 is a copy of similar W.P.(C)No.43820 of 2023 5 representation dated 07.12.2023 made before the Executive Officer of Pamba Devaswom.

2. On 12.12.2023, when this writ petition came up for consideration, the learned Senior Government Pleader and the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. On 22.12.2023 the learned Senior Government Pleader took notice for respondents 1 to 4 and the learned Standing Counsel for Travancore Devaswom Board for respondents 5 and 7. The 6th respondent Akhila Bharatha Ayyappa Seva Sangham entered appearance through counsel, who sought time to file counter affidavit.

3. By the order dated 22.12.2023, the learned Senior Government Pleader was directed to file an affidavit of the 3rd respondent Deputy Director, Periyar West Division on the activities undertaken by the 6th respondent Akhila Bharatha Ayyappa Seva Sangham at Karimala. The learned counsel for the 6th respondent Ayyappa Seva Sangham submitted that the Sangham is not collecting any money from the pilgrims for Annadhanam at Karimala and that, the bucket seen in the photograph at page No.51 is not the bucket seen in the photographs at page Nos.48, 49 and 50 of Ext.P2 photographs. W.P.(C)No.43820 of 2023 6 Having considered the submissions made at the Bar, this Court directed the 3rd respondent Deputy Director to ensure that in the Thavalams at the traditional trekking path Sabarimala pilgrims are provided with drinking water, food and Viri by the Eco- Development Committees. It was also ordered that the 6th respondent Ayyappa Seva Sangham or any other organization shall not be permitted to have any activity in the traditional trekking routes, which falls in Kottayam Forest Division and Periyar West Division, without proper permission or authorization by the 3rd respondent Deputy Director and the Forest Department.

4. The 6th respondent Akhila Bharatha Ayyappa Seva Sangham has filed a counter affidavit dated 03.01.2024, wherein it is stated that the Sangham was formed with the main objective of providing all kinds of service to the devotees of Lord Ayyappa, including free Annadhanam at four different places in the traditional trekking path from Erumeli to Pamba, i.e., Karimala, Valiyanavattom, Kallidamkunnu and Azhutha. Large number of Ayyappa devotees are benefited by the services provided by the Sangham. The petitioner has filed the writ petition with mala fide motives, at the behest of persons who are conducing hotels and light refreshment stalls in the places where the Sangham is W.P.(C)No.43820 of 2023 7 providing free Annadhanam. It is also alleged that the petitioner is not conducting food stall at Karimala as stated in the writ petition. In the counter affidavit it is stated that the Sangham is not collecting any money from the devotees of Lord Ayyappa for providing Annadhanam. The Sangham is providing stretcher service and medical support to the devotees of Lord Ayyappa. The Sangham is providing kanji and pickle to the pilgrims in the traditional trekking path, free of cost. On 28.10.2023 an application was made before the District Forest Officer, Pathanamthitta seeking permission to provide free Annadhanam to Sabarimala pilgrims at Karimala, Valiyanavattom, Kallidamkunnu and Azhutha during Mandala-Makaravilakku festival season. The District Forest Officer orally assured that permission will be granted and therefore, the Sangham started providing free Annadhanam at Karimala from 19.11.2023 till

28.12.2023. On 28.12.2023 the Sangham submitted Ext.R6(a) request dated 28.12.2023 before the 3rd respondent Deputy Director seeking permission to conduct Annadhanam in the traditional route.

5. On 04.01.2024, when this writ petition came up for consideration, the learned Senior Government Pleader sought W.P.(C)No.43820 of 2023 8 time to get instructions from the 3rd respondent Deputy Director on the application made by the 6th respondent Akhila Bharatha Ayyappa Seva Sangham. On 05.01.2024, the learned Senior Government Pleader, on instructions, submitted that the 3rd respondent had already rejected the request made by the 6th respondent Sangham. By the order dated 05.01.2024, the 3rd respondent Deputy Director was directed to consider the question of providing Annadhanam to Sabarimala pilgrims in the traditional trekking path.

6. The petitioner has filed a reply affidavit dated

04.01.2024 to the counter affidavit filed by the 6th respondent, wherein it is stated that the 6th respondent Akhila Bharatha Ayyappa Seva Sangham cannot conduct Annadhanam at Karimala, which is a forest area, without obtaining permission from the authorities in view of the provisions under Section 2 of the Forest (Conservation) Act, 1980. There are three ponds near the shed of the 6th respondent Sangham at Karimala Thavalam. The Sangham was using water from those ponds for preparation of food.

7. The 3rd respondent Deputy Director, Periyar West Division has filed an affidavit dated 08.01.2024 wherein it is W.P.(C)No.43820 of 2023 9 stated that the Eco-Development Committees at Azhuthacadavu, Kallidamkunnu, Vallithodu, Vellaremchetta, Puthusserry, Karimala, Valiyanavattom and Cheriyanavattom, which were formed in the year 1997-98 for providing better and eco-friendly services to Sabarimala pilgrims, reciprocal commitment of nature conservation and livelihood creation, are functioning in eight locations along Azhuthakadavu-Pamba traditional trekking route and those locations are known as Thavalams. The members of the Eco-Development Committee are provided with identity cards and health cards. All Eco-Development Committees are functioning under Periyar West Forest Development Agency. The sharing and saving of income from the service centers in the ratio of 50:20:30 is fixed in Ext.P1 micro plan. 50% of the net income goes to the members of Eco-Development Committees, 20% goes to the community development fund of the respective Eco- Development Committees and 30% goes to the Periyar West Forest Development Agency. The Community Development Fund and the fund of Periyar West Forest Development Agency are utilized for providing livelihood support to the local community.

8. In the affidavit filed by the 3rd respondent Deputy Director, it is stated that the entire activities of Periyar Tiger W.P.(C)No.43820 of 2023 10 Reserve are based on the prescriptions of approved Tiger Conservation Plan. In Chapter B-7 of the approved Tiger Conservation Plan at Para 7.2.1.3., under the heading ‘Pilgrimage Zone’, the following strategies are formulated for management of Sabarimala Pilgrimage’ (Page No.326); “The eight thavalams are being managed by EDCs on traditional trek routes for more than a decade. Members of SAPP EDCs are members of Village EDCs who had capacity and skills in running service centers and were depending on forests. This intervention has provided them alternate livelihood and the same shall be continued as the process has reciprocal commitments for protection of forests. However, efforts should be made to make the services more transparent and pilgrim friendly. Management should be vigilant for intrusion of unwanted, undesirable elements. In the above mechanism strict action shall be taken for any unauthorised and illegal elements.”

9. In the affidavit filed by the 3rd respondent Deputy Director, it is stated that permission is not granted to the 6th respondent Akhila Bharatha Ayyappa Seva Sangham due to lack of necessary prescriptions in the approved Tiger Conservation Plan for allowing an external agency to perform Annadhanam. Neither the Eco Development Committees nor the Forest Department is in a position to provide Annadhanam to W.P.(C)No.43820 of 2023 11 Sabarimala pilgrims due to lack of sufficient funds. There are 56 members in Karimala Eco-Development Committee, who belong to Scheduled Caste and general category. No Scheduled Tribe members are there in Karimala Eco-Development Committee.

10. On 10.01.2024, when this writ petition came up for consideration, the learned Standing Counsel for the Travancore Devaswom Board has made available for the perusal of this Court a few videos of various shops and other facilities at Karimala Cheriyanavattom and Valiyanavattom, which are identified resting places for Sabarimala pilgrims in the traditional trekking path, which falls under Periyar Tiger Reserve, in which only restricted activities are permitted. The learned Standing Counsel has forwarded a copy of those videos to the learned counsel for the petitioner, the learned Senior Government Pleader and also to the learned counsel for the 6th respondent Akhila Bharatha Ayyappa Seva Sangham. The learned Standing Counsel submitted that in the pilgrim resting places in those Thavalams, the Eco-Development Committees have permitted various samithies to conduct hotels and other shops. Such samithies have also erected banners exhibiting their name. The learned Standing Counsel for Travancore Devaswom Board and also the W.P.(C)No.43820 of 2023 12 learned counsel for the 6th respondent Akhila Bharatha Ayyappa Seva Sangham pointed out that an organisation by name Ayyappa Seva Samajam, which was declined permission by this Court to conduct Annadhanam at Sabarimala Sannidhanam, is also providing food to pilgrims at Karimala. By the order dated

10.01.2024, this Court directed the 3rd respondent Deputy Director, Periyar West Division to depute a competent officer to conduct inspection in those Thavalams on that day itself and submit a report before this Court. In that order, it was made clear that, in case there is any unauthorized activities in the stalls at the traditional trekking path, it is for the 3rd respondent to take necessary steps to remove all such structures and take appropriate action against the wrongdoers.

11. Along with a memo dated 12.01.2024 filed by the learned Senior Government Pleader, the report dated 10.01.2024 of the 3rd respondent Deputy Director, Periyar West Division is placed on record. As per that report, the Range Forest Officer, Pamba conducted an inspection of the Thavalams in Karimala, Valiyanavattom and Cheriyanavattom on 10.01.2024. In the report of the Range Forest Officer it is stated that at the Thavalams pilgrim facilities are arranged by the members of Eco- W.P.(C)No.43820 of 2023 13 Development Committees at Karimala, Valiyanavattom and Cheriyanavattom. The facilities provided to pilgrims comprise of Viri, food and drinking water stalls and toilet facilities. The food supplied to the pilgrims is being prepared by the members of the Eco-Development Committees. Viris were seen almost fully occupied by pilgrims in which they were taking rest, performing pooja and taking food. In Valiyanavattom Thavalam and Cheriyanavattom Thavalam, the majority of pilgrims stay in groups, which consist of 100 to 200 members. Few pilgrim groups, especially from those from Tamil Nadu, Andhra Pradesh, Telungana and Karnataka, who are reluctant to consume food prepared by others, were preparing food by themselves in the facility provided at the Edathavalams. There are no banners, boards or other installations at Karimala Thavalam. However, banners and boards were seen erected in front of Viri sheds depicting the names of various pilgrim groups at Valiyanavattom and Cheriyanavattom Thavalams. The members of the Eco- Development Committee removed those boards and banners, with the help of forest officials. As per the report, the entire pilgrim facilities at the Thavalams are provided by the members of the Eco-Development Committee and no agency is providing W.P.(C)No.43820 of 2023 14 Annadhanam in Karimala, Valiyanavattom and Cheriyanavattom Thavalams. In the report of the 3rd respondent Deputy Director it is stated that steps have already been taken to ensure that no unauthorised activities are happening in the stalls of the Eco- Development Committees for providing facilities to Sabarimala pilgrims in the traditional trekking path.

12. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1, 2 and 4, the learned Standing Counsel for Travancore Devaswom Board for respondents 5 and 7 and also the learned counsel for the 6th respondent.

13. On the restrictions in the movement of devotees on the traditional trekking path from Erumeli, two members of Malayarayan Tribal Community have approached this Court in W.P.(C)No.40899 of 2022, seeking a writ of mandamus commanding the District Collector, Idukki, the District Police Chief, Idukki, the Divisional Forest Officer, Kottayam and the Deputy Director, Periyar Tiger Reserve, respondents 5 to 8 therein, not to impose any restriction on the movement of devotees on the traditional trekking path from Erumeli without consultation with Malayarayan tribal community and adversely affecting the W.P.(C)No.43820 of 2023 15 traditional religious practices of that community and other devotees or divert pilgrims to non-traditional paths to Sabarimala Temple, which is more onerous or restrictive than the restrictions on the two non-traditional paths. They have also sought for a writ of mandamus commanding the State of Kerala, the Travancore Devaswom Board, the State Police Chief and the Principal Chief Conservator of Forest, respondents 1 to 4 therein, to draw up a master plan for the protection and maintenance of Erumeli- Sannidhanam traditional trekking path with due right of administration to the members of Malayarayan community and other communities, to maintain and protect the above places of worship; and a writ of mandamus commanding the respondents therein to protect the rites, rituals and beliefs of the petitioners and members of Malayarayan tribal community without imposing any illegal and unreasonable restrictions, on the movement of devotees of Sabarimala Temple through the traditional trekking path from Erumeli. That writ petition was dismissed by the judgment dated 22.12.2022, on a finding that the request made by the petitioners therein in the representations (Exts.P4 to P11) made to open up traditional trekking path from Erumeli, Round the clock, without any time restrictions, can only be rejected. W.P.(C)No.43820 of 2023 16 When the traditional trekking path is through Periyar Tiger Reserve, where passage of wild animals is on the higher side during night time, entry of pilgrims during Mandala- Makaravilakku festival season has to be regulated in an appropriate manner. When Periyar Tiger Reserve is a protected area, it has to be preserved as such. Paragraphs 8 to 10 of that judgment read thus; “8. From the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve, the temples referred to in Exts.P4 to P11 representations made by the petitioners are in thickly forested area, which is occupied by wild animals. This area falls under Periyar Tiger Reserve. Wild animals like, Tigers, Elephants, Wild Boar, Wild Bison, Bear, Leopard, etc., are crossing the trekking path. In the year 2019 and 2020, two cases were registered in Peruvanthanam Police Station regarding attack of wild elephants in the forest. Rescue operations, when the pilgrims have health problems, is comparatively difficult in this forest area and three cases were registered in the year 2019 and 2020 in connection with death of devotees due to heart attack. The passage of wild animals is on the higher side during night time. Vehicle facility is not possible in the forest area from 6.00 p.m. to

7.00 a.m. due to the presence of the wild animals. Therefore, restrictions on trekking time are highly essential to ensure the safety of pilgrims. In the report of the 8th respondent W.P.(C)No.43820 of 2023 17 Deputy Director Periyar Tiger Reserve, West Division, it is stated that, 15 Elephant Squads comprising of 4 persons in a group are deployed in the traditional trekking path, to ensure the safety of pilgrims. 26 permanent staff and 14 daily wage workers are also deployed on the traditional trekking path during pilgrimage season. Solar powered fence is erected in 8 Thavalams along the route to make the pilgrims safe. Artificial intelligence cameras are installed to track the movement of wild elephants and for alerting the pilgrims. Trekking through the traditional trekking path from Azhuthacadavu to Pamba takes a minimum of 9 hours. After

9.00 p.m., the pilgrims who have not crossed the destination will be accommodated in the ‘Viris’ in the nearby Thavalams, which are protected with Solar Powered fence. Trekking through this route will be dangerous between 6.00 p.m. and

7.00 a.m. due to the presence of the wild animals. Therefore, time restriction is highly essential for trekking in order to ensure the safety of pilgrims.

9. The facts disclosed from the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve are not in serious dispute. Having considered the reports of the 6th and 8th respondents and perusing the route map of the traditional trekking path from Erumeli to Pamba prepared by the Kerala Forest and Wild Life Department, we are of the view that the restrictions regarding movement of Sabarimala pilgrims through the traditional trekking path, by fixing timings as specified in Ext.P3 order have been made in order to ensure the safety of the pilgrims, which warrants no interference. Therefore, the request made by the petitioners in Exts.P4 to P11 W.P.(C)No.43820 of 2023 18 representations to open up traditional trekking path from Erumeli, round the clock, without any time restrictions, can only be rejected. When the traditional trekking path is through Periyar Tiger Reserve, where passage of wild animals is on the higher side during night time, entry of pilgrims during Mandala-Makaravilakku festival season has to be regulated in an appropriate manner. When Periyar Tiger Reserve is a protected area, it has to be preserved as such. Therefore, the request made by the petitioners for drawing up a master plan for the traditional trekking path, as sought for in this writ petition, deserves no consideration.

10. In the result, this writ petition fails and the same is accordingly dismissed.”

14. The Eco-Development Committees are managing eight Thavalams in the traditional trekking route, which comes under ‘Pilgrimage Zone’ in Chapter B-7 of the approved Tiger Conservation Plan for Periyar Tiger Reserve. The stand taken in the affidavit filed by the 3rd respondent Deputy Director is that the entire activities of Periyar Tiger Reserve are based on the prescriptions of approved Tiger Conservation Plan. Due to lack of necessary prescriptions in the approved Tiger Conservation Plan for allowing an external agency to perform Annadhanam, no permission was granted to the 6th respondent Akhila Bharatha Ayyappa Seva Sangham to provide Annadhanam at Karimala. Neither the Eco-Development Committees nor the Forest W.P.(C)No.43820 of 2023 19 Department is in a position to provide Annadhanam to Sabarimala pilgrims due to lack of sufficient funds.

15. The pilgrim facilities at the Thavalams on the traditional trekking path are provided by Eco-Development Committees and the members of those committees are provided with identity cards and health cards. In the absence of necessary prescriptions in the approved Tiger Conservation Plan, the 3rd respondent Deputy Director cannot allow an external agency to perform Annadhanam in the Thavalams in the traditional trekking path. It is for the 3rd respondent Deputy Director, Periyar West Division to ensure that only the members of the Eco- Development Committees are conducting stalls in the Thavalams in the traditional trekking path, strictly in terms of the prescriptions for ‘Pilgrimage Zone’ in the approved Tiger Conservation Plan and Ext.P1 Third Micro Plan for Karimala Eco- Development Committee and similar Micro Plans for other Eco- Development Committees. Other than the members of the Eco- Development Committee, who are issued with valid identity cards and health cards, no third parties shall be permitted to conduct hotels or other stalls in the Edathavalams. The notification issued by the District Collector, fixing the price of food items in the W.P.(C)No.43820 of 2023 20 eateries shall be complied with in letter and spirit by all hotels and other eateries in the Thavalams. The pilgrims shall be provided with free Viri and toilet facility and also drinking water. The toilets in the Thavalams shall be maintained clean and tidy during Mandala-Makaravilakku festival seasons, which shall be ensured by the 3rd respondent Deputy Director and also the 4th respondent Range Forest Officer by deploying Forest Officials. It is for the 3rd respondent Deputy Director, Periyar West Division to consider whether Annadhanam to Sabarimala pilgrims can be provided in one or two Thavalams, free of cost. It is for the 3rd respondent to consider that aspect and take an appropriate decision, within a period of two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. ANIL K. NARENDRAN, JUDGE Sd/- MIN Sd/- G. GIRISH, JUDGE W.P.(C)No.43820 of 2023 21 APPENDIX OF WP(C) 43820/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THIRD MICRO PLAN OF SAPP EDC 2020-2024 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 FOUR PHOTOGRAPHS EVIDENCING COLLECTION OF MONEY IN THE NAME OF THE SIXTH RESPONDENT NEAR THE PLACE WHERE ’KANJI’ IS DISTRIBUTED TRUE COPY OF RECEIPT NUMBER 2090 FOR RS.100/- IN THE NAME OF THE SIXTH RESPONDENT TRUE COPY OF THE REPRESENTATION DATED 07-12-2023 BY RETHEESH V.S AND SIJU V.R TO THE FOURTH RESPONDENT TRUE COPY OF THE REPRESENTATION DATED 07-12-2023 BY RETHEESH V.S AND SIJU V.R TO THE EXECUTIVE OFFICER, DEVASWOM BOARD, PAMBA RESPONDENT EXHIBITS EXHIBIT R6(A) THE TRUE COPY OF THE EMAIL SENT BY ME FOR AND ON BEHALF OF THE 6TH RESPONDENT TO THE DEPUTY DIRECTOR, PERIYAR TIGER RESERVE, PEERMEDU DATED 28.12.2023