Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 DBP NO. 130 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA TEMPLE - ALLEGATIONS WITH RESPECT TO VAZHIPADU ITEM (POOMOODAL) (*CORRECTED) IN THE TEMPLE - SUO MOTU PROCEEDINGS INITIATED - REG: * THE WORD (POOMOODAL) IN THE SUBJECT MATTER OF THIS DBP IS SUO MOTU CORRECTED AS (PUSHPABHISHEKAM) VIDE ORDER DATED 01/12/2023 PETITIONER:
SUO MOTU RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003 3 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003 4 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS,
2 SSCR No.43 of 2023 & DBP No.130 of 2023 NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695005 5 CHIEF VIGILANCE AND SECURITY OFFICER (SUPERINTENDENT OF POLICE VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003 6 EXECUTIVE OFFICER SABARIMALA, SABARIMALA P.O., PATHANAMTHITTA, PIN - 689662 THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 17.01.2024, ALONG WITH SSCR NO.43 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3 SSCR No.43 of 2023 & DBP No.130 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 SSCR NO. 43 OF 2023 (TRAVANCORE DEVASWOM BOARD-SABARIMALA SPECIAL COMMISSIONER REPORT-S.M.NO.43/2023- WITH RESPECT TO THE PUSHPABHISHEKAM VAZHIPADU AT SABARIMALA SANNIDHANAM AS DIRECTED BY THE HON'BLE HIGH COURT OF KERALA IN DBP NO.130 OF 2023 DATED 01.12.2023) PETITIONER:-
SUO MOTU RESPONDENTS:-
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001 2 DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM- 695003 3 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM- 695 003 4 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 005 5 CHIEF VIGILANCE SECURITY OFFICER (SUPERINTENDENT
4 SSCR No.43 of 2023 & DBP No.130 of 2023 OF POLICE- VIGILANCE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM -695003 6 EXECUTIVE OFFICER SABARIMALA SABARIMALA P.O, PATHANAMTHITTA-689662
BY ADV G.BIJU, SC SRI.S.RAJ MOHAN, SR.GP SRI.N.RAGHURAJ, AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 17.01.2024, ALONG WITH DBP.130/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5 SSCR No.43 of 2023 & DBP No.130 of 2023 ORDER Anil K. Narendran, J.
DBP No.130 of 2023 is one registered suo motu, vide proceedings dated 01.12.2023, based on a complaint made by a devotee of Lord Ayyappa pointing out various irregularities in connection with the vazhipadu ‘Pushpabhishekam’ in Sabarimala Devaswom, by the person engaged by the kuthaka holder.
1.1. On 01.12.2023, when this DBP came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for the Travancore Devaswom Board sought time to get instructions. By that order, the Special Commissioner, Sabarimala was directed to submit a report before this Court on the irregularities alleged in connection with ‘Pushpabhishekam’ in Sabarimala Devaswom, by person engaged by the kuthaka holder, which was directed to be numbered as SSCR and listed along with this DBP.
2.
SSCR No.43 of 2023 is one filed by the Special Commissioner, Sabarimala pursuant to the directions contained in the order dated 01.12.2023 in DBP No.130 of 2023.
2.1. In SSCR No.43 of 2023, the Special Commissioner, Sabarimala has filed a further report dated 18.12.2023 enclosing therewith Annexure 1 report dated 07.12.2023 of the 5th
6 SSCR No.43 of 2023 & DBP No.130 of 2023 respondent Chief Vigilance and Security Officer (Superintendent of Police), on the conduct of ‘Pushpabhishekam’ vazhipadu in Sabarimala Sannidhanam.
That report of the Special Commissioner reads thus;
“2. The report reveals that the Power of Attorney holder of the bidder for 'Pushpabhishekam’ vazhipadu is staying in Sabarimala and conducting the 'Pushpabhishekam' vazhipadu. He has remitted Rs.96,600/- on 17.11.2023 and availed on rent the room No.422 in Pranavam Pilgrim Centre for 141 days. The proposal for ‘Pushpabhishekam’ vazhipadu regarding the supply of flowers by the bidder are as follows;
Flowers Quantity Chethipoovu 3 Kgs.
Thulasi 3 Kgs.
Mullapoovu 3 Kgs.
Rosapoovu 3 Kgs.
Jamanthi 3 Kgs.
Kootalathila 3 Kgs.
Aralipoovu 3 Kgs.
Thamarapoovu 100 Nos.
Haram 1 No.
Kireedom 1 No.
3. According to the Chief Vigilance and Security Officer, though he had directed the Administrative Officer of the previous year to submit the proposal it was not submitted.
However, the Administrative Officer of this Mandalam Makaravilakku festival season, Sri.O.G.Biju, has submitted the above referred proposal. Thereafter, strict directions
7 SSCR No.43 of 2023 & DBP No.130 of 2023 have been given to the bidder of the "Pushpabhishekam' to furnish the requisite quantity of flowers, garlands etc. to the devotees and the Executive Officer was directed that if he makes deficiency in service, steps have to be taken to cancel the tender and forfeit the Earnest Money Deposit.
4. As per the data of the previous year it is revealed that on average about 30 Pushpabhishekams would be conducted daily and on some days the number will go above 50. The Pushpabhishekam vazhipadu can be conducted by any devotee who remits the requisite fee at Sabarimala. During the previous year it was noticed that more than five devotees were allowed darshan for one Pushpabhishekam.
Therefore, direction was given to the Executive Officer not to repeat the same and during this season it is ensured that more than five persons are not permitted to have darshan during Pushpabhishekam.
5. As per the report the P.R.O. of the Travancore Devaswom Board, Sunil D., would be available at Sabarimala when the temple opens as per his duty and he facilitates the darshan of V.I.Ps. and V.V.I.Ps. as P.R.O. He stated that as any devotee can avail ticket for pushpabhishekam. There is no necessity for him to encourage any person or facilitate any devotee to conduct pushpabhishekam. The person Sunil Swamy would be present at Sabarimala during the period when the temple opens and he conducts vazhipadu etc. He has not engaged in any harmful activities against the Travancore Devaswom Board.
6. As per the report the allegation that the bottom of the flower basket is artificially altered to reduce the quantity of flower is false. However, it is seen that only about one kg.
of flower is given to the devotee instead of 3 kgs.
8 SSCR No.43 of 2023 & DBP No.130 of 2023 Thereafter, the Administrative Officer is given strict directions to ensure the requisite quantity of flower.
Moreover, though a crown is to be given free of cost to the devotee availing Pushpabhishekam vazhipadu, at present a fee is levied for the same. The Administrative Officer is also given strict direction to ensure that the crown is given free of cost to the devotees along with the Pushpabhishekam proposal articles.
7. As per the report stall Nos. 14 and 15 is allotted to the bidder Pushpabhishekam for sale of Pooja articles etc. On inspection of the said shop it is found that the above said articles are sold through the said shop. There is no prima facie evidence to disclose that the said shop was sublet.
8. According to the Superintendent of Police, Vigilance verification is being conducted to ascertain whether the Devaswom guards are collecting money for enabling devotees to have darshan. To substantiate the allegation that the Executive Officer has struck a deal for Rs.10,00,000 no material is available. Since the complainant alleges that the vigilance wing of the Travancore Devaswom Board is not keenly verifying these matters and pointed fingers at the Vigilance Wing, the Superintendent of Police, Vigilance has requested that the allegations may be enquired by the State Vigilance.
9. In the said circumstances, it is submitted that:- (i) The Vigilance Wing of the Travancore Devaswom Board has so far not able to detect any material against the personalised allegations of the Power of Attorney holder of the bidder of the Pushpabhishekam vazhipadu at Sabarimala Sanndidhanam.
(ii) The request of the Superintendent of Police/Chief Vigilance Officer, Travancore Devaswom Board to conduct enquiry by the State Vigilance may be considered by the
9 SSCR No.43 of 2023 & DBP No.130 of 2023 Hon'ble High Court and the Travancore Devaswom Board as per law.”
2.2. On behalf of the 3rd respondent Travancore Devaswom Board, an affidavit dated 19.12.2023 is placed on record in SSCR No.43 of 2023, which reads thus:- “3. It is submitted that the kuthaka item No.3 involving the right to supply flowers for Pushpabhishekam during the year 1199 M. E is auctioned to Sri.Nithin Dhanapalan, Sagar Enterprises, New Oshow, No.117, Golden Arcade, Osho Road, Gujarat for an amount of Rs. 1,46,55,555/-+GST.
The kuthaka right includes the right to supply "Bhasmam, flowers, flower garlands, honey, saffron, turmeric powder, ghee, curd, rock candy, gingelly oil, lamp wick, sesame seed, sesame oil, grapes, dried ginger, cardamom, fruits, aval, malar, pori etc., for the poojas in Sabarimala, flowers for Pushpabhishekam, sale of pattu(silk) for malikappuram, Japamala, key chain, photos etc and the right to collect the camphor, agarbathi, panineer etc. coming as Nadavaravu items in Sabarimala and Malikappuram Devaswom.
4. It is submitted that the kuthaka holder has remitted the entire kuthaka amount with GST, security amount, cleaning charges etc and he is doing the same satisfactorily. The kuthaka holder of item No.3 is entitled to shop Nos. 14 and 15 including a godown as per the tender schedule. The kuthaka holder is supplying the flowers and conducting the sale of pooja articles etc. as per the kuthaka right awarded to him through his Power of Attorney Holder. He is supplying the flowers for Pushpabhishekam without room for any complaint as per the report from the Administrative Officer, Sabarimala. No complaints have been received in
10 SSCR No.43 of 2023 & DBP No.130 of 2023 respect of collection of any excess charge from the devotees as alleged in the complaint. Five devotees are allowed darshan for one Pushpabhishekam and the same is strictly followed. This is under the surveillance of the Sopanam Special Officer or Assistant Special Officer, who will always be there in the Sopanam and CCTV cameras are also constantly recording the visuals of that area. The allegations to the effect that 10 to 12 persons are permitted darshan for one Pushpabhishekam is not true to facts.
5. It is submitted that an average of 30 Pushpabhishekams are conducted in a day. This vazhipadu is conducted from 6.30 pm after deeparadhana till Athazha pooja at 9.00 pm.
The Pushpabhishekam vazhipadu and the darshan allowed to 5 devotees are arranged without affecting the regular darshan and movement of the queue.
One Pushpabhishekam will take approximately 4 minutes. All pilgrims who book the vazhipadu are allowed to conduct the Pushpabhishekam. Online booking is available for this vazhipadu and any devotee can book the vazhipadu by remitting the prescribed rate. The rate of Pushpabhishekam is Rs.12,500/-, out of which Rs.5,000/- is muthalkoottu and the supplier cost of Rs.7,500/- is directly paid to the contractor on getting bill from the Administrative Officer.
6. The person named 'Sunil Swamy mentioned in the complaint is a devotee who used to book Nitya pooja (Usha pooja, Ucha pooja 7 Athazha pooja) on all days during Mandalam Makaravilakku season and is allowed darshan complying all departmental formalities applicable to a devotee.
He has sponsored the expenses for the construction of Goshala at Sabarimala and is meeting the expenses for maintaining 34 cattles available at
11 SSCR No.43 of 2023 & DBP No.130 of 2023 Sabarimala. He has also sponsored the expenses for construction of Goshala at Nilakkal and is meeting the expenses for maintaining more than hundred cattles at Nilakkal. He has not done any activity at Sabarimala detrimental to the interest of the devotees or the Board.
7. It is submitted that Sri. Sunilkumar is the PRO working on contract basis in Sabarimala from 07.05.2018 onwards.
No complaints are received against him also. The Board has reported the vacancy of PRO to the Kerala Devaswom Recruitment Board for regular appointment. The allegation regarding payment of money to the Executive Officer and the Devaswom Vigilance are absolutely baseless. The shops allotted to the kuthaka holder are still used for sale of pooja articles by him and the allegation regarding subletting the same is absolutely false.
8. It is submitted that the complaint seems to be filed at the instance of the previous kuthaka holder, who used to remain away from participating in the tender proceedings in the initial stage and obtained the kuthaka for nominal amount at the verge of starting the festival season by putting the Board and its officials under pressure. Now those persons want to keep away new persons from taking part in the tender proceedings and bidding kuthaka rights at higher rates.” 3.
Heard the learned Senior Government Pleader for the State and the Deputy Director, State Audit Department, the learned Standing Counsel for Travancore Devaswom for the Board and its officials and also the learned Amicus Curiae for Special Commissioner, Sabarimala.
12 SSCR No.43 of 2023 & DBP No.130 of 2023 4.
On 05.12.2023, when DBP No.130 of 2023 came up for consideration, the learned Senior Government Pleader submitted that the 2nd respondent Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit will be personally present at Sannidhanam on 06.12.2023, who shall conduct an inspection and submit a report on ‘Pushpabhishekam’ in Sabarimala Sannidhanam. That report is yet to be placed on record. In case any irregularity is detected in the conduct of ‘Pushpabhishekam’ in Sabarimala Sannidhanam in the inspection conducted by the Deputy Director on 06.12.2023, it is for the State Audit Department to file a DBAR on that aspect, seeking appropriate directions.
5.
In the preliminary report dated 05.12.2023 of the Special Commissioner, Sabarimala, it is stated that the kuthaka holder for ‘Pushpabhishekam’ vazhipadu in Sabarimala Sannidhanam has remitted the bid amount of Rs.1,46,55,555/-, which is inclusive of GST and the bid amount for the current year is much higher than that for the previous year. For conducting ‘Pushpabhishekam’, 8 baskets filled with flowers for each vazhipadu are neatly arranged at the courtyard of the office of the Executive Officer, Sabarimala as seen in Annexure 1
13 SSCR No.43 of 2023 & DBP No.130 of 2023 photograph produced along with the report dated 05.12.2023, which is reproduced hereunder;
Before the flower basket are taken to sanctum sanctorum for ‘Abhishekam’ the police personnel would verify the contents of the baskets by putting the entire flowers into another basket, for security purpose. Sri. Nidhin Dhanapalan, Sagar Enterprises, New Osho, No.117 Golden Arcade, Osho Road, Gujarat is the highest bidder for ‘Pushpabhishekam’ vazhipadu and he is not the power of attorney of the kuthaka holder, as alleged in the complaint made by a devotee, based on which DBP No.130 of 2023 is registered.
6.
In the further report dated 18.12.2023, the Special Commissioner, Sabarimala has pointed out that the power of
14 SSCR No.43 of 2023 & DBP No.130 of 2023 attorney of the kuthaka holder is staying in Sabarimala for conducting ‘Pushpabhishekam’ who has remitted Rs.96,600/- on 17.11.2023 and availed on rent room No.422 in Pranavam Pilgrim Centre for 141 days. The quantity of flowers other than one Haaram (garland) and one Kireedam (crown) used for ‘Pushpabhishekam’ is furnished in paragraph 2 of the further report. From the further report of the Special Commissioner, Sabarimala and the report of the Chief Vigilance and Security Officer (Superintendent of Police), enclosed therewith, we notice that steps have already been taken to ensure that irregularities detected in ‘Pushpabhishekam’ vazhipadu during the previous season on the quantity of flowers, garlands, etc. and the number of devotees who are allowed special darshan are not repeated during the current season. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to direct the Chief Vigilance and Security Officer, Travancore Devaswom Board to have a constant vigil on the conduct of ‘Pushpabhishekam’ vazhipadu in Sabarimala Sannidhanam to ensure that the required quantity of flowers, haaram and kireedam is used for each vazhipadu and that more than five devotees are not allowed special darshan at Sannidhanam in respect of each vazhipadu. Any attempt by the
15 SSCR No.43 of 2023 & DBP No.130 of 2023 Devaswom employees or police personnel to provide special darshan to their friends or relatives shall also be prevented by the Vigilance Wing of the Travancore Devaswom Board.
7.
In the complaint made by the devotee, which is the subject matter of DBP No.130 of 2023, the presence of a person by name ‘Sunil Swami’ at Sannidhanam for the entire period during which the temple remains open is pointed out. In the complaint certain allegations are also made against the Public Relations Officer, Sabarimala, who is working on contract basis from 07.05.2018 onwards. In the affidavit filed on behalf of the 3rd respondent Board, it is stated that no complaints are received against the Public Relations Officer. The Board has reported the vacancy of Public Relations Officer to the Kerala Devaswom Recruitment Board for making regular appointments. Insofar as the presence of a person named ‘Sunil Swami’ at Sabarimala Sannidhanam, in paragraph 6 of the affidavit it is stated that he is a devotee who used to book ‘Nithyapooja’ (Ushapooja, Uchapooja, Athazhapooja) on all days during Mandala Makaravilakku season and he is allowed darshan complying with all departmental formalities applicable to devotees. He has also sponsored the expenses for the construction of Gosala at Sabarimala and he is meeting the expenses for maintaining 34
16 SSCR No.43 of 2023 & DBP No.130 of 2023 cattles in that Gosala. He has not done any activity at Sabarimala detrimental to the interest of the devotees or the Board. In the further report filed by the Special Commissioner, Sabarimala it is stated that as per the report of the Chief Vigilance and Security Officer the person by name Sunil Swami, who would be present at Sabarimala during the period when the temple remains open has not engaged in any activities harmful to the interest of the Travancore Devaswom Board.
8.
On 11.01.2024 when DBP No.130 of 2023 and SSCR No.43 of 2023 came up for consideration, the matter was ordered to be listed at 2.00 p.m. along with the judges’ papers in SSCR No.11 of 2017. On 15.01.2024, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for the Special Commissioner, Sabarimala were permitted to peruse the judges’ papers in SSCR No.11 of 2017. The additional 6th respondent in that SSCR is Sri.Sunil Kumar, S/o.Madhavan Nair, Sabari Nivas, Beach Road, Kollam. The learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court two receipts regarding payment of room rent in respect of Room No.401 of Sahyadri Pilgrim Centre at Sannidhanam by the said Sunil Kumar, for a period of 41 days
17 SSCR No.43 of 2023 & DBP No.130 of 2023 and another receipt regarding payment of room rent for a further period of 41 days, during Mandala-Makaravilakku festival season of 1199 ME. The learned Standing Counsel would submit that at the Aadhar Card submitted at the time of booking room at the pilgrim centre the said Sunil Kumar is residing at Puthenveedu, Cherpulassery, Palakkad, Pin-679 503.
9.
Having perused the pleadings and materials on record, the submissions made at the Bar and the materials in the judges’ papers in SSCR No.11 of 2017, we deem it appropriate to direct the Special Commissioner, Sabarimala to file a report before this Court on the continued occupation of the said Sunil Kumar at Sabarimala Sannidhanam on all days when the temple remains open.
With the above directions, DBP No.130 of 2023 and SSCR No.43 of 2023 are disposed of.
Sd/- ANIL K. NARENDRAN, JUDGE Sd/- G. GIRISH, JUDGE
SMA
18 SSCR No.43 of 2023 & DBP No.130 of 2023 APPENDIX OF SSCR 43/2023
PETITIONER ANNEXURES Annexure 1 PHOTOGRAPH NO.1 Annexure 2 PHOTOGRAPH NO.2 Annexure 3 VIDEO Annexure 1 in SM 43 of 23 (Further report) LETTER NO. SP/SB/VIG/13/23/TDB DATED 07/12/2023 OF THE SUPERINTENDENT OF POLICE, OFFICE OF THE CHIEF VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD, SANNIDHANAM