“Such Activities Are Legally Impermissible At Sabarimala”: Kerala HC On Individuals & Organisation Offering Donor Rooms To Pilgrims After Collecting Money From Them
The Kerala High Court observed that offering accommodation to Sabarimala pilgrims in donor rooms through platforms like WhatsApp and Facebook, in exchange for money, is legally impermissible.
The Court also directed the Chief Vigilance and Security Officer, Travancore Devaswom Board to conduct periodical inspections in the Pilgrim Centres at Sabarimala Sannidhanam, to ensure that the donor passes issued by the Executive Officer, Sabarimala are not being misused by the respective donors, by collecting money from the pilgrims.
The Court was hearing a Suo Motu case based on a report filed by the Sabarimala Special Commissioner. That report by the Special Commissioner was regarding the necessity of conducting verification of whether the actual donors of the donor rooms in Sabarimala are using the donor room facilities allotted to them by the Travancore Devaswom Board.
The bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed, “…certain individuals/organizations are offering accommodation in their donor rooms to the pilgrims, through WhatsApp groups, Facebook groups, etc., after collecting money from the pilgrims. We make it clear that such activities are legally impermissible at Sabarimala, which is a Special Security Zone.”
Advocate T. Madnu appeared for the Respondent.
The Court noted that the 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 Endowments and Funds.
The Court further noted that given 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 and 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.
“The land other than 13 Acres of the 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 Court added.
“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….”, the Court noted further.
The Court said that no donor shall transfer the donor passes issued by the 4th respondent Executive Officer, Sabarimala, to third parties.
Accordingly, the Court disposed of the SSCR.
Cause Title: Suo Moto v. State of Kerala (Neutral Citation: 2024:KER:697031)
Appearance:
Respondents: Advocates T. Madhu, C.R. Saradamani, Renjish S. Menon and Aishwarya Jayapal
