SSCR No.6 of 2025 1 2025:KER:27462 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 SSCR NO. 6 OF 2025 (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-SABARIMALA SPECIAL COMMISSIONER REPORT-SM.NO.6/2025-MONTHLY REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMALA REGARDING THE VARIOUS ACTIVITIES UNDERTAKEN DURING KUMBHA MASA POOJA FROM 12.02.2025 TO 17.02.2025(1200 ME KUMBHAM MASAM) AT SABARIMALA SREE DHARMA SASTHA TEMPLE-SUO MOTU PROCEEDINGS INITIATED -REG:) PETITIONER/S: SUO MOTU RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY , NANTHANCODE , KAWDIAR POST, THIRUVANANTHAPURAM- 695 003 3 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS , NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 005 4 EXECUTIVE OFFICER, SABARIMALA, SABARIMALA P.O.,PATHANAMTHITTA -689 662 5 CHIEF POLICE COORDINATOR (ADDITIONAL DIRECTOR SSCR No.6 of 2025 2 2025:KER:27462 GENERAL OF POLICE), (LAW AND ORDER), SABARIMALA, PATHANAMTHITTA, PIN -689713 6 THE EXECUTIVE MAGISTRATE NILAKKAL IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 07/03/2025 IN SSCR.NO.6/2025 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 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SSCR No.6 of 2025 3 2025:KER:27462 ORDER Anil K. Narendran, J. This report filed by the Special Commissioner, Sabarimala regarding various activities undertaken during the Kumba Masa Pooja of 1200 ME from 12.02.2025 to 17.02.2025 at Sabarimala. 2. On 07.03.2025, when this report came up for consideration, this Court directed the 6th respondent Executive Magistrate, Nilakkal to submit a report on the complaint dated 16.02.2025 received against Hotel Royel Rich at Nilakkal. 3. Pursuant to the direction contained in the order dated 07.03.2025, a report dated 17.03.2025 of the 6th respondent is placed on record. The said report is in the form of an affidavit sworn to by the Tahsildar (Revenue Recovery) Pala, who was appointed as Executive Magistrate, Nilakkal base camp for the period from 12.02.2025 to 17.02.2025, during Kumba Masa Pooja. Paragraphs 3 and 4 of that affidavit read thus; ''An Eight member team headed by an Executive Magistrate is appointed for various duties in Nilackal Base Camp Sabarimala and this team regularly inspected various shops, Hotels and parking areas, public toilet and public places of Nilackal Base Camp and give direction to them for the smooth and lawful function of the shops. SSCR No.6 of 2025 4 2025:KER:27462 During this period on 16.02.2025 a complained is received against Hotel Royel Rich that they are not giving "Kanji" to the public without buying 'Kappa' from there. On the basis of this petition an enquiry and inspection conducted in the above Hotel and found that this Hotel employees has demanded and collecting more amount than the fixed rate for food items and so an amount of Rs. 5000/- (Rupees Five Thousand only) imposed on the above Hotel as fine as per Legal Metrology Act. During this period no other irregularities is seen in the inspection.'' 4. Heard the learned Senior Government Pleader for respondents 1, 5 and 6, the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 4 and also the learned Amicus Curie for Special Commissioner, Sabarimala. 5. The learned Amicus Curie would point out that as stated in the report of the Special Commissioner, Sabarimala a squad with the Executive Magistrates and other departmental officials were posted for special duty at Nilakkal, Pamba, and Sannidhanam from 12.02.2025 onwards. The said squad conducted regular inspections in the shops, hotels, and light refreshment stalls. The Executive Magistrates along with other officials, including the officials from the Legal Metrology Department, conducted regular inspections. When violations were noticed, the kuthaka holders were given strict warnings. A fine of Rs.5,000/- was imposed on SSCR No.6 of 2025 5 2025:KER:27462 Hotel Royel Rich at Nilakkal for overpricing. Strict instructions were given to the kuthaka holders to avoid usage of plastics. 6. The learned Amicus Curie would submit that the Special Commissioner, Sabarimala, has also inspected the appam and aravana plants, staff mess and annadana mandapam. As pointed out in the report, the total strength of the police force deployed during Kumba Masa Pooja was 255 from 12.02.2025 to 14.02.2025. An additional 35 police personnel were deployed from 15.02.2025 to 17.02.2025. The police personnel deployed during Kumba Masa Pooja were insufficient to control the situation. Therefore, a direction is sought for in this report to deploy at atleast 500 police personnel during masa poojas and also to deploy experienced police personnel at Sopanam and Pathinettampadi to ensure safe and comfortable darshan for all pilgrims. 7. A copy of the report dated 17.02.2025 of the Executive Magistrates is enclosed along with the report of the Special Commissioner, Sabarimala, as per which there were unauthorized traders and beggars at Sabarimala during Kumba Masa Pooja. As evident from the affidavit sworn to by the 6th respondent Executive Magistrate, the overpricing referred to in the report of the Special SSCR No.6 of 2025 6 2025:KER:27462 Commissioner, Sabarimala is not providing 'kanji' to a pilgrim without buying 'kappa' from Hotel Royel Rich. 8. The submission made by the learned Standing Counsel for the Travancore Devaswom Board is that such an instance was never brought to the notice of the Executive Officer by the Executive Magistrate. In case such instances are brought to the notice of the Executive Officer, stringent action will be taken against the kuthaka holders. 9. Having considered the materials on record and also the submissions made at the Bar, we deem it appropriate to dispose of this SSCR with the following directions; (i) The 5th respondent Chief Police Coordinator, Additional Director General of Police [Headquarters], Sabarimala, is to take necessary steps to ensure that an adequate number of police personnel are deployed at Sabarimala during masa poojas, depending upon the expected footfall based on the virtual queue booking status. (ii) Experienced police personnel shall be deployed at Sopanam and Pathinettampadi in order to ensure that the pilgrims have a safe and comfortable darshan at Sannidhanam. (iii) The Duty Magistrate at Pamba, Nilakkal, and Sannidhanam, along with other officials, shall conduct SSCR No.6 of 2025 7 2025:KER:27462 periodical inspections in the stalls, restaurants and light refreshment stalls at Sabarimala Sannidhanam, Pamba, and Nilakkal and also on the trekking path from Pamba to Nilakkal, in order to prevent overpricing etc. (iv) Instances of overpricing, non-exhibition of price lists, etc., by the kuthaka holders shall be reported to the Executive Officer, Sabarimala and also to the Special Commissioner, Sabarimala. Stringent action shall be taken against the concerned kuthaka holder after issuing a show cause notice, for termination of kuthaka right, blacklisting, etc., in terms of the tender conditions. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE Dxy