SSCR NO. 1 OF 2025 1 2025:KER:18198 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S. TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 SSCR NO. 1 OF 2025 (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-SABARIMALA SPECIAL COMMISSIONER REPORT-SM NO.01/2025- REPORT SUBMITTED BY THE SPECIAL COMMISSIONER; SABARIMALA BASED ON THE DIRECTION IN ORDER DATED 18/12/2024 IN SSCR 79/24-SUOMOTU PROCEEDINGS INITIATED- REG:) PETITIONER: SUO MOTU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001. 2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003. 3 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN -695005. 4 EXECUTIVE OFFICER, SABARIMALA, SABARIMALA P.O, PATHANAMTHITTA-689662. 5 CHIEF VIGILANCE & SECURITY OFFICER (SUPERINTENDENT OF POLICE), TRAVANCORE DEVASWOM HEADQUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003. SSCR NO. 1 OF 2025 2 2025:KER:18198 6 CHIEF ENGINEER, MARAMATH WING, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM-695003. 7 THE DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003. 8 SRI.NARAYANA AVS@ATLURI VENKATA SRIMANNARAYANA S/O ATLURI VENKATA PURNA BSAVARAMAIAH, H NO.6- 88/15/4/5, ARYA NAGAR, BORGAON(P), TOWN AND DIST, NIZAMABAD, TELANGANA-503230. * *9 ADDL.R9 & R10 IMPLEADED: THE EXECUTIVE ENGINEER, SABARIMALA DEVELOPMENT PROJECT, PATHANAMTHITTA, PIN – 689 645. *10 * ASSISTANT ENGINEER, MARAMATH WING, TRAVANCORE DEVASWOM BOARD, SABARIMALA. ADDITIONAL RESPONDENTS 9 AND 10 ARE SUO MOTU IMPLEADED VIDE ORDER DATED 10/01/2025 IN SSCR.NO.1/2025. OTHER PRESENT: SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB; SMT. SAYUJYA RADHAKRISHNAN, AMICUS CURIAE THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR ADMISSION ON 04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SSCR NO. 1 OF 2025 3 2025:KER:18198 ORDER Anil K. Narendran, J. The Special Commissioner, Sabarimala, has filed this report pursuant to the directions contained in the order of this Court dated 18.12.2024 in SSCR No.79 of 2024, regarding an agreement dated 29.12.2023 executed between the Travancore Devaswom Board, represented by its Devaswom Commissioner and K.K. Vithani Foundation, which is a CSR initiative of M/s.Farmson Pharmaceutical Gujarat Pvt. Ltd., represented by its Director Sri.Vinit Menon, in connection with the renovation of 38 rooms in Pranavam Pilgrim Centre at Sabarimala Sannidhanam. As per the said agreement, the total cost for renovation to be sponsored by the sponsor is fixed at Rs.86 lakhs, which includes consultancy charges. In clause (10) of the agreement dated 29.12.2023, it is provided that the Board shall ensure the display of the details of the service and support extended by the sponsor at relevant locations of the rooms renovated, as per the prevailing norms at Sabarimala Sannidhanam. The content of the display shall be mutually decided by both parties. In case the display gets distorted or displaced, the Board shall take corrective action to bring it to its original state immediately. Clause (12) of the SSCR NO. 1 OF 2025 4 2025:KER:18198 agreement deals with the privileges offered by the Board to the sponsor. In clause (13) of the agreement, it is provided that the sponsor will be entitled to the above benefits/privileges, when the temple is open for darshan to the public, for a period of 20 years from the date of completion of the work sponsored/till the existence of building as per the master plan. If, in case, Pranavam building gets demolished before 20 years from the date of completion of the work sponsored, the sponsor shall continue to enjoy all aforementioned privileges other than clause 12(i). The aforesaid agreement for renovation and sponsorship privileges is one executed on 29.12.2023, in which the then Devaswom Commissioner Sri. C.N. Raman signed on behalf of the Travancore Devaswom Board. 2. The filing of this report by the Special Commissioner, Sabarimala, necessitated when it was noticed that the Sponsor K.K. Vithani Foundation is in possession of Room No.117. After the order of this Court dated 18.12.2024 in SSCR No.79 of 2024, the Executive Engineer, Sabarimala provided a copy of the agreement dated 29.12.2023. The key of the room is now in possession of the 4th respondent Executive Officer. On 20.12.2024, the Special SSCR NO. 1 OF 2025 5 2025:KER:18198 Commissioner inspected the room along with the Engineers of the Maramath Wing and it was found that the room is fitted with an air conditioner. A fridge was also found in the room. Along with the report, the Special Commissioner has placed on record an affidavit dated 28.11.2024, sworn to by one Narayana AVS @ Atluri Venkata Srimannarayana, S/o. Atluri Venkata Purna Basavaramaiah, who is the donor of Room No.117. 3. On 06.01.2025, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. 4. By the order dated 10.01.2025, the Executive Engineer, Sabarimala Development Project, and the Assistant Engineer in the Maramath Wing of the Travancore Devaswom Board were suo motu impleaded as additional respondents 9 and 10, and notice was ordered to the 8th respondent. The additional 9th respondent Executive Engineer was directed to file an affidavit before the next posting date. 5. Pursuant to the directions contained in the order dated 10.01.2025, the additional 9th respondent Executive Engineer has sworn to an affidavit dated 21.02.2025. Paragraphs 3 to 6 of that SSCR NO. 1 OF 2025 6 2025:KER:18198 affidavit read thus: “3. It is submitted that "Pranavam pilgrim centre is a four storied building (Additional two rooms in terrace floor) and is one of the oldest buildings in Sabarimala Sannidhanam, constructed in the year 1988 intended for the accommodation of pilgrims visiting Sabarimala. Total number of rooms in the building is 136 rooms. 4. The condition of the building is very pathetic due to old age. As per Board Order ROC No. 9702/21/M dated 29-12- 2023. M/s Farmson Pharmaceuticals Pvt Ltd, Gujarat was given permission to renovate 38 rooms in the building. The copy of the Board order, ROC No. 9702/21/M dated 29-12- 2023 is produced here with and marked as Annexure-R9(a). Subsequently the Devaswom Commissioner and KK Vithani Foundation (a CSR arm of M/s Farmson Pharmaceuticals Gujarat Pvt Ltd) entered into the agreement on 29-12-2023. 5. It is submitted that pursuant to the agreement the company has commenced the work on 23-02-2024 and completed it on 18-04-2024. Room No. 101 to 131 and 201 to 207, (i.e. 38 rooms) were renovated by providing vitrified tiles of size 60cm x60 cm. The toilets of those rooms were renovated by replacing the old sanitary fittings and water lines inside the toilets and wall tiles and floor tiles were provided, after doing water proofing in the floor of toilets. The toilets were provided with European type closets by removing the old Indian closets. All electrical wiring and electrical fixtures were replaced with new ones. The walls of rooms were finished with emulsion paint after finishing with putty. Arrangements were made for braking ghee filled SSCR NO. 1 OF 2025 7 2025:KER:18198 coconuts outside the rooms. A rack was provided in each room for placing the "irumudikkettu" of the pilgrims. 6. It is submitted that a board showing the name of the company was displayed outside room No. 117. This board was removed on 07.01.2025 as instructed by the Executive Officer, Sabarimala. The rest of the rooms in Pranavam Pilgrim Centre also require maintenance.” 6. Heard the learned Senior Government Pleader for respondents 1 and 7, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 6 and additional respondents 9 and 10, and also the learned Amicus Curiae for Special Commissioner, Sabarimala. Though the acknowledgment card of the notice issued to the 8th respondent is not yet returned, as per the consignment tracking records in respect of consignment No.EL573866038lN, the postal article containing the notice issued to the 8th respondent has already been served on the said respondent, who is the donor of Room No.117 of Pranavam Pilgrim Centre, Sabarimala Sannidhanam. Despite service of notice as above, there is no appearance for the 8th respondent. 7. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious SSCR NO. 1 OF 2025 8 2025:KER:18198 Endowments and Funds. As per the provisions under Section 3 of the Act, the administration of incorporated and unincorporated Devaswoms shall vest in Travancore Devaswom Board. As per Section 15A of the Act, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. As per Section 31 of the Act, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated, and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 8. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, SSCR NO. 1 OF 2025 9 2025:KER:18198 Pathanamthitta Taluk. In view of the provisions under Section 15A(iv) of the Act, the Board is duty-bound to establish and maintain proper facilities for the devotees in Sabarimala. In view of the provisions under Section 31 of the Act, the Board is duty bound to make proper arrangements for the conduct of daily worship and ceremonies and of the festivals in Sabarimala, according to its usage. 9. Sabarimala is situated in a difficult forest terrain prone to natural disasters. Sabarimala and its vicinity are declared as a Special Security Zone under Section 83(1) of the Kerala Police Act, 2011, in order to exercise the powers under Section 83(2) of the said Act, to ensure a safe, secure and hassle-free pilgrimage, in terms of the notification issued by the State Government. The management of Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board and others [2022 (7) KHC SN 5 : 2022 SCC OnLine Ker 2185]. As directed in that order, verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. SSCR NO. 1 OF 2025 10 2025:KER:18198 10. In Sajeev Sastharam v. State of Kerala [2022 (7) KHC 295] this Court held that a ‘worshipper’, who shows reverence and adoration for Lord Ayyappa, is duty-bound to exercise his right to worship in an accustomed manner and subject to the practice and tradition in Sabarimala. The restrictions imposed at Sabarimala during Maasapoojas and festival seasons, including Mandala-Makaravilakku festival seasons, are applicable to all ‘worshippers’, who are duty-bound to obey such restrictions, in order to ensure a smooth flow of pilgrims in front of the Sopanam of Sabarimala Sree Dharma Sastha Temple and darshan for all pilgrims in the queue. 11. DBP No.55 of 2018 was registered suo motu, based on the order of this Court dated 11.06.2018 in DBA No.13 of 2016, for dealing with certain aspects relating to the lands leased out to Travancore Devaswom Board based on various Government orders, for providing amenities to the pilgrims, and for demarcating the said lands after conducting a joint survey. In that DBP, this Court passed a detailed order dated 11.04.2022. 12. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that Sabarimala Temple was originally having SSCR NO. 1 OF 2025 11 2025:KER:18198 13 Acres of traditional land. In the year 1965, vide G.O.(Ms.)No.19/65/Agri dated 11.01.1965, an extent of 50 Acres of land was leased out to Travancore Devaswom Board for a period of 99 years, for providing amenities to the pilgrims, and a lease deed dated 12.09.1967 (Annexure A3 in Report No.23 in DBP 55 of 2018) was executed between the Board and the Governor of Kerala. As per Clause (iii) of the terms and conditions in the lease deed, the Board shall use the leasehold only for providing necessary amenities to the pilgrims visiting Sabarimala Temple and for no other purpose. The amenities to the pilgrims shall include facilities like camping, picnicking, resting, bathing, sanitary arrangements. As per Clause (iv), the Board shall have no claim or control over any tree-growth or forest produce, including wildlife available on the leasehold and the same will be the exclusive property of the Government and controlled by the Wildlife Wing of the Forest Department. 13. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that as per Clause (v) of the terms and conditions in the lease deed, Travancore Devaswom Board or its agents and employees shall not fell or remove any tree growth SSCR NO. 1 OF 2025 12 2025:KER:18198 from the leasehold except those on such of the sites as are required by the Board for implementing their developmental programmes for providing more amenities to the pilgrims visiting Sabarimala Temple. As per Clause (vi), if any site or area within the leasehold is required for the construction of buildings, tenements, sheds or for sanitary arrangements, the tree growth on such site or area may be removed by the Board at their cost, with the previous permission of the Forest Department. Before felling the trees, the Board shall pay to the Wildlife Wing of the Forest Department the value of the tree growth calculated at the then prevailing seigniorage rates. As per Clause (xii), the lease right sanctioned to the Board shall confer on it only the right to make use of the area from which forest growth is cleared after payment, as and when required, within the area sanctioned. 14. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that, as per the description in the lease deed dated 12.09.1967, the leasehold is an area having 50 Acres (20.23 Hectares) surrounding Sabarimala Temple, as per the sketch attached thereto. The total area of the plot [31.75 chains (gunters)x20 Chains (gunters)] is 63.50 Acres (25.69 Hectares). SSCR NO. 1 OF 2025 13 2025:KER:18198 From this, an area of 13.00 Acres (5.26 Hectares) is excluded, being the area already in the possession of Sabarimala Temple, and another plot of half an acre (0.20 Hectares) is excluded, being the area reserved by the Forest Department. The lease agreement relates to the balance area of 50 Acres (20.23 Hectares). 15. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that in the year 1986, vide G.O.(Ms.)No. 97/86/F&WLD dated 22.10.1986, diversion of an extent of 4.695 Acres of land was ordered at Malikappuram. In addition to this, by the said Government order, Travancore Devaswom Board was granted permissive occupation of 13.813 Acres of land at Saramkuthi and another extent of 6.5 Acres on the eastern side of Nadapanthal for having a ‘magazine floor’ for fireworks. Thereafter, by G.O(Rt.)No.594/05/F&WL dated 31.10.2005, diversion of a total extent of 5.9774 Acres at Sannidhanam was ordered for solid waste treatment (incinerator), queue complex, sewage treatment plant and bathrooms. The total extent of land covered by the aforesaid Government orders comes to 94.34 Acres, out of which 50 cents of land is in the possession of the Forest Department, in which the Forest Inspection Bungalow has SSCR NO. 1 OF 2025 14 2025:KER:18198 been constructed. 16. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that with respect to the extent of forest land ordered to be leased out to Travancore Devaswom Board vide G.O.(Ms.)No.19/65/Agri dated 11.01.1965, there cannot be any doubt, as it is discernible from that order itself. The said land is leased out to the Board for providing amenities to the pilgrims at Sannidhanam, subject to the terms and conditions specifically mentioned therein. The said terms and conditions are mentioned in the lease deed dated 12.09.1967 executed between the Board and the Governor of Kerala. 17. The land other than 13 Acres of traditional land of Sabarimala Temple is leased out to Travancore Devaswom Board for providing amenities to the pilgrims at Sannidhanam, subject to the terms and conditions specifically mentioned therein. The said terms and conditions are mentioned in the lease deed dated 12.09.1967 executed between the Board and the Governor of Kerala. For providing amenities to the pilgrims, the Board constructed Pilgrim Centres at Sabarimala Sannidhanam, collecting donations from the devotees of Lord Ayyappa. In respect SSCR NO. 1 OF 2025 15 2025:KER:18198 of each donor rooms, individual agreements have been entered into between Travancore Devaswom Board, represented by Devaswom Commissioner, and the respective donors, which enable the donors to avail free stay for five days in the respective donor rooms (2 days during Mandalam season, 2 days during Makaravilakku season and 1 day during Vishu festival). In addition to that, the donors can stay in their respective donor rooms for ten days in a year, on payment of the prescribed amount. For availing this facility, the respective donors will have to inform the 4th respondent Executive Officer, Sabarimala, either by e-mail or through post, two weeks' in advance, based on which the respective donor rooms will be allotted to them for occupation on those days. The occupation of the donors in their respective donor rooms is only a permissive occupation and the key of the donor rooms shall be with the concerned Assistant Engineer in the Maramath Wing of the Board. For the remaining days, during Maasapoojas and Mandala-Makaravilakku festival seasons, the donor rooms will be allotted to the pilgrims, through the online booking facility provided by the Board. 18. In terms of the directions issued by this Court, SSCR NO. 1 OF 2025 16 2025:KER:18198 Travancore Devaswom Board has already commenced Donor Verification Process, the details of which are provided in the Virtual-Q platform. In addition to that, individual communications have been issued to the respective donors, who are required to submit the donor verification form. Separate forms are prescribed for individual donors and for trusts/organizations. The donors are required to submit their details in the prescribed form, along with supporting documents, which includes ID proof, PAN Card, notarized copy of the licence agreement, etc. 19. The number of footfalls at Sabarimala Sannidhanam during Mandala-Makaravilakku festival season of 1199 ME (2023- 24) was more than 1,00,000 per day, which had gone up to 1,15,000 per day, as per the records. There is acute shortage of accommodation for pilgrims at Sabarimala Sannidhanam. Travancore Devaswom Board is not in a position to have further constructions at Sabarimala Sannidhanam, since the Temple is situated within Periyar Tiger Reserve. Moreover, as per the Master Plan for Sabarimala, which is being implemented under the supervision of the High Power Committee for Implementation of Sabarimala Master Plan, the number of concrete structures in SSCR NO. 1 OF 2025 17 2025:KER:18198 Sabarimala has to be reduced. In such circumstances, the available accommodation at Sabarimala has to be utilized to the maximum extent, during Maasapoojas and Mandala- Makaravilakku festival seasons. 20. In the order dated 12.09.2024 in SSCR No.26 of 2024, this Court has issued directions for removal of boxes kept in Donor Room No.5 at Sahyadri Pilgrim Centre-2 at Sabarimala Sannidhanam. Further directions have also been issued regarding donor verification process in respect of the donor rooms and against misuse of donor passes by the respective donors, by collecting money from other pilgrims. Similar directions have already been issued in the connected SSCRs, in respect of the donor rooms in various pilgrim centres at Sabarimala Sannidhanam, in order to ensure that the available accommodation at Sabarimala Sannidhanam is utilised to the maximum extent, during Maasapoojas and Mandala- Makaravilakku festival seasons. 21. In the order dated 29.01.2025 in DBP No.38 of 2023, this Court noticed that, the maximum occupant capacity of 540 rooms available at Sabarimala Sannidhanam in Sabari Guest SSCR NO. 1 OF 2025 18 2025:KER:18198 House and other Pilgrim Centres and Donor Houses is 6975 pilgrims. When the forest land at Sabarimala Sannidhanam is leased out to Travancore Devaswom Board for providing amenities to the pilgrims at Sannidhanam, subject to the terms and conditions specifically mentioned in the Government Order dated 11.01.1965, the occupation of the donors in their respective donor rooms, which is only a permissive occupation, has to be restricted to free stay for five days (2 days during Mandalam season, 2 days during Makaravilakku season and 1 day during Vishu festival). The donors can also stay in their respective donor rooms for 10 days in a year, on payment of the prescribed amount. No person, including a donor, can be permitted to remain continuously at Sabarimala Sannidhanam, which is a Special Security Zone, especially when the average footfall at Sannidhanam crosses above 1,00,000 pilgrims per day during Mandala-Makaravilakku festival seasons. 22. By the order dated 29.01.2025, DBP No.38 of 2023 was disposed of, after recording the aforesaid submission made by the learned Standing Counsel for Travancore Devaswom Board and by directing the Special Commissioner, Sabarimala to conduct SSCR NO. 1 OF 2025 19 2025:KER:18198 an inspection of the donor rooms and other accommodation facilities for pilgrims at Sabarimala, in order to verify whether any donor room or any building at Sabarimala Sannidhanam, Pamba and Nilakkal is in the exclusive occupation of any person or organisation. In the report, the Special Commissioner shall make suggestions to ensure a fair and transparent procedure for allotment/booking of rooms in the pilgrim centres, donor houses, guest houses, etc. at Sabarimala, during Mandala-Makaravilakku festival seasons and Maasapoojas. The report of the Special Commissioner was directed to be placed before the Devaswom Bench, within a period of two months. 23. In the order dated 06.01.2025 in this SSCR, this Court noticed the submission made by the learned Standing Counsel for Travancore Devaswom Board that after the order of this Court dated 18.12.2025 in SSCR No.79 of 2024, the Executive Engineer, Sabarimala provided a copy of the agreement dated 29.12.2023. The key of the room is now in the possession of the 4th respondent Executive Officer. On 20.12.2024, the Special Commissioner inspected the room along with the Engineers of the Maramath Wing. SSCR NO. 1 OF 2025 20 2025:KER:18198 24. The learned Standing Counsel for Travancore Devaswom Board would submit that the occupation of Donor Room No.117 in Pranavam Pilgrim Centre at Sabarimala Sannidhanam will be regulated in terms of the directions issued by this Court in the order dated 12.09.2024 in SSCR No.26 of 2024, which was followed in similar orders issued by this Court in the connected matters. The permissive occupation of the said room by the donor shall be confined to free stay for 5 days (2 days during Mandalam season, 2 days during Makaravilakku season and 1 day during Vishu festival), and 10 days in a year on payment of the prescribed amount. For the remaining days, the said room will be allotted to other pilgrims. In such circumstances, this SSCR is disposed of by recording the aforesaid stand taken by the Board. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE DSV SSCR NO. 1 OF 2025 21 2025:KER:18198 APPENDIX OF SSCR 1/2025 RESPONDENT ANNEXURES Annexure R9(a) True copy of Order vide R.O.C. 9702/21/M issued by the Travancore Devaswom Board