IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 DBP.No. 3 of 2009() ------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SSCR 1/09 CONSTITUTING HIGH POWER MONITORING COMMITTEE FOR MONITORING THE IMPLEMENTATION OF THE MASTER PLAN FOR SABARIMALA - REPORT NO. 6/2009 BY OMBUDSMAN RECEIVED - SUO - MOTU PROCEEDINGS INITIATED - REG: PARTIES: 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. MR. V. KRISHNA MENON, S.C. FOR T.D.B..KRISHNA 2. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. R. LAKSHMINARAYAN SRI. KRISHNA KUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R RAMAN, J. IN THE LIGHT OF THE ORDER DATED 18.6.2009 IN D.B.P. 15/2009, NO FURTHER ORDERS ARE CALLED FOR. CLOSED. 23.7.2009. SD/-, P.R. RAMAN, JUDGE. SD/-, P. BHAVADASAN, JUDGE. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P.S. GOPINATHAN, JJ. ---------------------------------------------- D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 ---------------------------------------------- DATED:APRIL 2, 2009. ORDER Raman, J. D.B.P. No. 3 of 2009 TDB Report No.6 of 2009 filed by the Ombudsman is numbered as DBP No.3 of 2009. The Ombudsman has reported that the High Power Committee constituted by the High Court for the conduct of the festival at Sabarimala in 1184 ME has functioned effectively and to the satisfaction of all concerned, that the president and members of the Travancore Devaswom Board also extended their full co- operation, so also the State Government. The income of the temple during the festival season in the current year has considerably increased compared to the income of the previous years. However, for want of queue complex, the devotees have to wait in the long queue for hours together. This is one of the works to be carried out. Even as per the master plan, there are other works to be done immediately before the next year season starts. The master plan for Sabarimala, D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 2 : therefore, has to be implemented with a time-bound programme and the progress now achieved is not satisfactory. Some of the works pertaining to the master plan are, setting up of a rope way, cardiology centres, sewage treatment plants, gas pipe line, shifting and construction of new aravana preparation plant etc. The Chief Engineer (Nodal Officer appointed by the Devaswom) is not seen given any power to deal with these matters. The Board at present has to look after the affairs of more than 1200 temples. As such more time cannot be devoted for the implementation of the master plan. It is therefore the suggestion and recommendation of the Ombudsman to set up a monitoring Committee consisting of the Additional Chief Secretary and representatives of the Devaswom as also various other agencies should be involved in the matter of implementation of the master plan. The Ombudsman concludes his report by suggesting that necessary orders be passed for constitution of a High Power Monitoring Committee for the implementation of the master plan. D.B.P.No. 15 of 2009 D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 3 : 2. TDB - Report No.25 of 2009 filed by the Additional Chief Secretary who is also the Chairman of the High Power Committee, is re-numbered as DBP 15 of 2009. The report gives a true account of the various arrangements made during the festival season by the High Power Committee. It is reported and acknowledged that the constitution of the High Power Committee has helped to provide various facilities within a time-bound manner though the time available was very short. With the efforts taken by the High Power Committee, the work of the various departments and agencies could be co-ordinated and hardship to the devotees minimised without giving much room for complaints. Therefore we appreciate on record the services rendered by the the High Power Committee. However we cannot rest contended with the arrangements made as there are various works to be completed under the master plan and it is necessary that these works are completed before the next festival season. The additional Chief Secretary in his report points out that the transportation of goods to the hill area causes some problem because the use of donkeys also gives criticism on account of D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 4 : the poor health and inadequate feeding and large quantities of the materials to be transported cannot be done by the headload workers. The condition of the Swamy Ayyappan road continues to be bad. Therefore it is suggested by the Additional Chief Secretary that it could be overcome by the introduction of a rope way for transportation as envisaged in the master plan. 3. So also there should be more number of free toilets which should be kept clean by contracting out the task of cleaning. 4. LPG cylinders are used for preparation of food and other items even by hotels and mess, some of which are stated to be unauthorised agencies. The fire fighting facilities are found to be inadequate and the way LPG cylinders are used are reported to be alarming. Electrical installations are also used without proper care. Though fire force is positioned at Sabarimala and Pampa, proper fire clearance is not insisted prior to issuing of licences. The report also indicates various other works to be immediately taken up in the matter of shifting out of the aravana plant to a convenient place. It is D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 5 : also pointed out that there is lack of availability of rooms at sannidhanam and the demand outweighs the supply, unethical practices are not uncommon. The donors have been given right not only for their use but also to others. This reduces the availability of rooms at Sabarimala. It is also reported that the Local Fund Audit was asked to submit an income and expenditure statement after the festival and they prepared the income and expenditure statement. Various recommendations are made under paragraph III. S.S.C.R.No. 1 of 2009 5. This is the report submitted by the Special Commissioner, Sabarimala, appointed by this Court, regarding the festival season of 2008-09. He also points out that at Pampa, Marakkoottam and Snnidhanam there were large queues and pilgrims had to be blocked there frequently to avoid untoward incidents and to manage the crowd. There were also queue for darsan. The arrangements for supply of water and other facilities like providing of snacks to persons in D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 6 : the queue were found to be inadequate. He reports that distribution of prasadam this year was found to be more efficient . However, there were complaints regarding the quality of the prasadam. Annadhanam was conducted in approved venues. Guruvayur Devaswom Board had also provided annadhanam at Nilackal. But accommodation facility at Sabarimala is found to be inadequate. Therefore better accommodation facilities are to be provided. There were deaths of pilgrims due to cardiac problem. The Health Department, however, improved their services by deputing more staff ad providing medicine. Top priority has to be given for housing a hospital at Pampa in view of the necessity for a well equipped cardiac centre. He has also made certain suggestions for improving various facilities to be provided at Pampa and Sannidhanam during the coming year. 6. The issue regarding appointment of a High Power Committee for the implementation of the master plan was taken up and the recommendation made by the Ombudsman was considered. The views of the Government and the Travancore and Cochin Devaswom Boards are also obtained. D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 7 : 7. Having perused the reports of the various authorities as above, we are satisfied that the only way to reduce the hardship and to make better amenities to the large number of devotees visiting the Sabarimala is by way of implementing the master plan in a time bound manner. Since the various works under the master plan has to be co-ordinated as various agencies/departments will have to provide necessary help, co- operation and sanction. This will be possible if only a High Power Committee is constituted consisting of the representatives of the various agencies who may have a role to play in the implementation of one or the other work under the master plan. With this view in mind, we called for suggestions from the parties. 8. The Government Pleader Sri Lakshmi Narayanan made available a letter of the Devaswom Secretary agreeing with the suggestion to constitute a High Power Committee. They have given some suggestions regarding the constitution of a High Power Committee. The standing counsel appearing for the Travancore Devaswom Board also submitted that they have no objection in constituting a High Power Committee. D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 8 : 9. While considering DBA 100/2008 (suo motu proceedings), in the matter of implementation of the recommendations of Justice Paripoornan Commission Report, an affidavit was filed in compliance with the direction of this Court by the Chief Engineer (General), Travancore Devaswom Board. In page 3 of the report reference is made to the fact that the Government have constituted an Apex Level Steering Committee under the Chairmanship of the Chief Secretary. In view of the steps taken by this Court to constitute a High Power Committee for implementing the master plan, a doubt arose as to whether the High Power Committee to be constituted by this Court will be a surplus age or duplication and whether there arises any conflict of interest. Therefore before we pass any orders, we directed the Travancore Devawom Board to file a detailed affidavit as to which are the committees constituted. Accordingly the Chief Engineer (General Administration) sworn into an affidavit, produced as Annexure B notification G.O.(Rt) No. 2328/2005/RD dated 23.4.2005 whereby the Government were pleased to constitute an Apex Level Steering Committee and a working committee D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 9 : for the speedy implementation of the decision regarding the Sabarimala Master Plan. While the Apex Level Steering Committee consists of the Chief Secretary as the Chairman and five other members, the Working Level Committee consists of the Principal Secretary, Devaswom Department as its Chairman and four others as its members. In view of the above, we asked the learned Government Pleader to ascertain and inform this Court the stand that may be taken by the Government regarding the constitution of a High Power Committee by this Court. Accordingly a statement was filed in DBA 100/2008 by the Additional Secretary, Revenue (Devaswom) Department, Government of Kerala, for and on behalf of the State of Kerala. 10. It is stated that at the initial stage, the institutional frame work consisted of the Apex Level Steering Committee for ensuring inter-departmental co-ordination and the Working Committee to ensure follow up of the decision of the Apex Level Committee. The committees met several times and ultimately the Government approved the Sabarimala Master Plan as per G.O.(MS) 146/2007/RD dated 3.5.2007 which inter D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 10 : alia provided that any issues which may arise during the course of implementation would be referred to the Working Level Committee and the Apex Level Steering Committee with representation of all main Stakeholders for amicable and practical settlement and decision may be taken by the Apex Committee. In paragraph 4 of the statement it is stated that the Apex Level Committee is not in charge of the implementation or monitoring of the implementation of the Sabarimala Master Plan. The existing committees detailed above are functioning only to sort out issues that arise during the course of implementation and if they are brought to the notice of the above committees. It is further submitted that in the event of constituting a High Power Monitoring Committee by this Court and clothed with all necessary jurisdiction and powers including those powers and functions that are now carried by these committees, the continuance of all committees connected with the implementation of Sabarimala Master Plan including the present Apex Level Steering Committee and the Working Level committee can be dispensed with. D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 11 : 11. In the circumstances and after consideration of all the aspects we hereby constitute a High Power Committee consisting of the representatives of the various departments as members and headed by Sri Jayakumar, Additional Chief Secretary, as its Chairman. Besides the following are included as members:- 1. The President and two members of the Travancore Devaswom Board, 2. Devaswom Commissioner, Travancore Devaswom Board, 3. Chief Engineer (General), Travancore Devaswom Board, 4. Chief Engineer (Nodal Officer). 5. Deputy Chief Engineer Aswinikumar, C/o. Chief Engineer, Transmission, Thiruvananathapuram (representing the Kerala State Electricity Board). 6. The Principal Chief Conservator of Forests. 7. A representative of Eco Smart. The Special Commissioner appointed by this Court will be an D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 12 : invitee in the meeting of the High Power Committee. The Ombudsman will assess the progress of the various works and timely suggestions can be made in the form of report wherever found necessary for appropriate orders. Besides the above, it is open to the Chairman of the High Power Committee to co- opt representatives from the Pollution Control Board, PWD or such other departments or such other persons with proven ability, experience or expertise in the field, whose presence in the committee is considered to be helpful with prior sanction from this Court. However, the co-option of persons other than from Government Departments or Public Authority shall be done after obtaining sanction from this Court. 12. The High Power Monitoring Committee will have all the powers of the Apex Level Steering Committee and the Working Committee constituted as per G.O.Rt. 2328/05 dated 23.4.2005 besides various other powers that may be given to it by this Court from time to time, as circumstances may deem fit and proper. In view of the constitution of the above committee, the Apex Level Steering Committee and the Working Level Committee will stand dispensed with. D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 13 : 13. We also direct that in the first meeting of the High Power Committee, the various works to be done under the master plan on priority basis has to be identified and each such work be taken up and completed within the time to be fixed in consultation with the agencies entrusted to do the work. Every two months periodical status reports shall be submitted to the High Court by the Chairman of the committee through the learned Advocate General. 14. It is also open to the committee to consider whether a separate fund for the implementation of the master plan could be constituted and, to explore the possibilities and feasibility of finding sponsors for any or all the items of work, it can also consider collecting donations and seeking exemption of the donations so paid under the Income Tax Act. We cannot possibly indicate in our order the various manner in which the work has to be completed. 15. Sine the Apex Level Committee and the Working Level Committee had met and taken certain decisions, the file containing the minutes of those proceedings shall be handed over to the Chairman of the present committee so that the D.B.P. No. 3 & 15 of 2009 and S.S.C.R.No. 1 of 2009 : 14 : new committee would take such follow up action pursuant to such decision unless any such decision is required to be reviewed or modified at this distance of time due to changed circumstances. The standing counsel for the Travancore Devaswom Board submitted that the present president of the Travancore Devaswom Board requests for exemption from attending the meeting on personal grounds. It is open to the president to seek leave of absence from attending the meeting by giving intimation to the Chairman of the Committee. P.R. RAMAN, JUDGE P.S.GOPINATHAN, JUDGE Issue copy to all the parties. mt/-