Sree Ayappas Health Amenities Society ... vs State Of Kerala on 9 October, 2024

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Kerala High Court

Sree Ayappas Health Amenities Society ... vs State Of Kerala on 9 October, 2024

The petitioner, viz., Sree Ayyappas Health Amenities Society (SAHAS), represented by its Secretary, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 communication dated 07.05.2024, issued by the 6th respondent Executive Officer, Sabarimala, whereby the petitioner is directed to hand over vacant possession of the building at Sabarimala Sannidhanam, which was originally used for conducting SAHAS Cardiology Centre. Such a notice has been issued based on the decision taken by the 4th respondent Travancore Devaswom Board, on 02.05.2024 to utilise that building for other purposes in connection with Mandala-Makaravilakku festival seasons. The petitioner has also sought for a writ of mandamus commanding the Travancore Devaswom Board to permit the petitioner to continue the free medical aid centre and pilgrim shelter at Sabarimala Sannidhanam; a writ of mandamus commanding the Travancore Devaswom Board not to interfere with the functioning of the free medical aid centre and pilgrim shelter at Sabarimala Sannidhanam, by the petitioner, in the light of Ext.P7 notice 4 WP(C)No.17716 of 2024 2024:KER:75027 dated 07.05.2024.

2. Going by the averments in the writ petition, the petitioner Society started its activities at Sabarimala Sannidhanam, in the year 1994, to provide a free medical aid centre and pilgrim shelter to the pilgrims and also to provide a shelter for the doctors coming to Sabarimala for darshan, based on the permission granted by the Board, as evidenced by Ext.P3 communication dated 23.12.1992 of the Secretary of the Board, addressed to the 5th respondent Devaswom Commissioner. For the construction of a free medial aid centre and pilgrim shelter at Sannidhanam, the Convenor and Secretary of the Ad-hoc Committee for the project submitted Ext.P2 representation dated 26.11.1992 before the President of the Board. According to the petitioner, free medical aid centre was functioning in between the Government Dispensary at Sannidhanam and the Electricity Board building, with one Intensive Care Unit (ICU) on the ground floor with 3 cardiac beds and accessory equipments and one semi-ICU with 5 beds and 3 inpatient beds for observation. On the first floor, there is one room for the duty doctor, another room for the staff. In addition to that, there is one room for medical officers in charge. There are two rooms for 5 WP(C)No.17716 of 2024 2024:KER:75027 accommodating volunteer doctors. On the second floor, there is a dormitory for accommodating 50 persons. Till the year 2016-17, the petitioner was providing medical service in the medical aid centre with its own resources, with the help of the Kerala Health Services Department. The document marked as Ext.P4 is the bye-laws of the petitioner Society, the objectives of which include establishment of a well equipped hospital at Sabarimala for extending specialised medical aid and treatment to the pilgrims. Since more medicines, which were expensive to procure, for treating cardiac arrest were needed, the petitioner accepted the co-operation with SRM Institute of Medical College (SIMS), Chennai, which had been providing life-saving medicines, doctors, nurses and lab technicians to the Society for serving on a voluntary basis at the medical aid centre. This was in addition to the doctors of the Society. An ICU ambulance with drivers and trained nurses were also provided at Pamba. The document marked as Ext.P5 is a copy of the report for the period from 27.12.2018 to 09.01.2019 as to the number of patients who had been treated at the medical aid centre at Sannidhanam. The document marked as Ext.P6 is the news report that appeared in Mathrubhoomi daily dated 21.11.2023 regarding the opening of 6 WP(C)No.17716 of 2024 2024:KER:75027 SAHAS Emergency Care at Sannidhanam. The document marked as Ext.P8 is a copy of the minutes of the meeting convened on 18.11.2016 in connection with Mandala-Makaravilakku festival 1192ME, in which reference has been made to SAHAS Cardiology Centre. The document marked as Ext.P9 is a report dated 18.01.2024 prepared by the Secretary of the petitioner Society regarding the activities in the Cardiology Centre from 17.11.2023 to 16.01.2024 and the document marked as Ext.P10 is another report dated 18.04.2024 for the period from 10.04.2024 to 18.04.2024. The document marked as Ext.P11 is a photograph of the building of SAHAS Cardiology Centre at Sabarimala Sannidhanam.

3. On 14.05.2024, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 3 and the learned Standing Counsel for Travancore Devaswom Board for respondents 4 to 7. By the order dated 14.05.2024, status quo as on that date was directed to be maintained in respect of SAHAS Cardiology Centre, for a period of three weeks.

4. On 29.05.2024, when this writ petition came up for consideration, after arguing for some time, the learned counsel 7 WP(C)No.17716 of 2024 2024:KER:75027 for the petitioner sought time to get instructions as to whether the petitioner had obtained licence/permission from the statutory authorities for conducting a medical centre near the Nadapanthal at Sabarimala Sannidhanam. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

5. On 04.06.2024, the petitioner filed I.A.No.1 of 2024 seeking an order to accept Exts.P12 to P23 as additional documents. The documents marked as Exts.P12 to P20 are the proceedings of the Director of Health Services, Kerala, whereby lab technicians/staff nurses/medical officers, etc. from Health Services Department were posted on special duty at SAHAS Cardiology Centre during Mandala-Makaravilakku festival seasons from 2012-13 to 2016-17.In Ext.P21 attendance certificate dated 17.01.2020 issued by the Medical Officer-in-charge, Government Hospital, Sannidhanam, it is certified that Dr.O.Vasudevan, NHM Specialist Doctor (Surgeon), Taluk Hospital, Kottarakkara has worked at SAHAS Cardiology Centre and signed the attendance maintained at Government Hospital, Sannidhanam, from 01.01.2020 to 17.01.2020. Ext.P22 is the proceedings dated 17.01.2020 of the Medical Officer-in charge, Government 8 WP(C)No.17716 of 2024 2024:KER:75027 Hospital, Sannidhanam, wherein it is certified that Dr.O.Vasudevan, who has reported in the afternoon of 16.11.2019 for duty at SAHAS Cardiology Centre, Sannidhanam and signed attendance maintained at Government Hospital, Sannidhanam was relieved of his duties in the afternoon of 17.01.2020, with a direction to report before the Superintendent, Taluk Head Quarters Hospital, Kottarakkara, as per Rules. The document marked as Ext.P23 is a copy of the identity cards issued in the year 2017 to those who were posted in SAHAS Cardiology Centre at Sannidhanam during Mandala- Makaravilakku festival season of 1193ME (2017-18).

6. On 06.06.2024, when this writ petition came up for consideration, the learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions on the additional documents produced by the petitioner along with I.A.No.1 of 2024.

7. On 12.06.2024, when this writ petition came up for consideration, the District Medical Officer (Health), Pathanamthitta was suo motu impleaded as the additional 8th respondent and the learned Senior Government Pleader entered appearance for that respondent. By a detailed order this Court 9 WP(C)No.17716 of 2024 2024:KER:75027 found no reason to revive and extend the order of status quo, which was granted on 14.05.2024, for a period of three weeks, which was not extended thereafter.

8. The 3rd respondent Director of Health Services has filed a counter affidavit dated 23.07.2024. Paragraphs 3 to 5 of that counter affidavit read thus;

"3. As per the order dated 12.06.2024 in W.P.(C)No.17716 of 2024 this Court directed this respondent to submit a report. The counsel for the petitioner has pointed out about the attendance certificate of Dr.O.Vasudevan, NHM, Specialist Doctor (Surgeon), Taluk Hospital, Kottarakkara, as per which, he had worked at SAHAS Cardiology Centre and signed the attendance register maintained at Government Hospital, Sannidhanam, by the Medical Officer-in-charge, Government Hospital, Sannidhanam.

4. It is submitted that staff were posted to SAHAS Hospital earlier as the construction works of Government Hospital, Sannidhanam was going on. Since the renovation works of Government Hospital, Sannidhanam including the ICU, were completed in 2018-19, staff have not been posted to SAHAS Hosptial from 2019 onwards. Even though posting order was issued initially to SAHAS Hosptial in 2019, they were shifted back to Government Hospital, Sannidhanam and other hospitals in Sabarimala, considering the rush at those hospitals. Since then, no posting orders for medical officers and paramedical staff have been issued to SAHAS Hospital.

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5. No posting orders were issued to Dr.O.Vasudevan from Director of Health Services or the Health Services Department. His posting order was given by the District Programme Manager, Kollam based on the instruction from the State Mission Director, Trivandrum. Hence, further clarity in this regard may be sought from the State Mission Director, National Health Mission. His attendance certificate was given by Medical Officer-in-charge from Sannidhanam, based on the attendance certificate kept at Government Hospital, Sannidhanam, for the purpose of producing it before the District Programme Manager, National Health Mission, Kollam."

9. Along with a memo dated 02.10.2024 filed by the learned Standing Counsel for Travancore Devaswom Board, a few photographs of SAHAS Cardiac Centre are placed on record.

10. Along with I.A.No.2 of 2024, the petitioner has placed on record Ext.P24 plan submitted by the petitioner before the 4 th respondent Travancore Devaswom Board, which was approved by the Engineers in the Maramath Wing. Paragraphs 3 to 6 of the affidavit filed by the petitioner in support of I.A.No.2 of 2024 read thus;

"3. The land was allotted by the 4th respondent for construction of the building since the medical services that were being provided at Sannidhanam was lacking enough facilities. For the construction of the building in the land provided by the 4th respondent, financial assistance was 11 WP(C)No.17716 of 2024 2024:KER:75027 provided by the doctor community and non-medical devotee members. The estimated cost for construction which includes ground +2 floors was Rs.35 lakhs. There has never been any financial assistance from the side of the Government or devaswom for the construction of the building. The building plan was submitted by the petitioner before the 4th respondent which was approved by the department engineers and the construction was carried out under their supervision. A true copy of the plan is produced herewith and marked as Exhibit P24.

4. The medical equipments were contributed by devotees and different companies. The value of these equipments will be approximately more than Rs.40 lakhs. The companies have contributed different types of medical equipments conditionally. Presently the medical equipments in the hospital are Ventilator, CPAP Machine, Infusion pump, bedside patient monitor, ICU bed 3 numbers, Semi ICU bed 5 numbers, Oxygen cylinder with stand, stretcher with trolley, electrical suction apparatus, Zoll Defibrillator with monitor and pace maker, single channel ECG Machine, Automated external Defibrillator, Nebulizer 3 number, Multi-Channel ECG Machine, Clinical lab equipments worth 10 lakhs, bedside box and drip stand, Echo Machine. There is furniture worth more than 20 lakhs presently in the building.

5. The society had been treating patients from 1993 onwards with no charges. Since ICU facility was first introduced by SAHAS in Sabarimala we were able to save many life by the timely intervention. Costly medicines were given to patients free of cost as and when required.

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2024:KER:75027 During emergencies, the medicines and equipments were supplied to the Government Hospital free of cost. Presently also echo machine, ECG machine, automated defibrillator and clinical lab facility is provided to the government hospital. There has been substantial increase in the number of pilgrims and their stay time in sannidhanam for dharshan over the years, but the health facilities provided has not been increased. Presently the number of doctors posted in the government hospital during Manadala pooja and makaravillakku is 7 and 5 nursing staff. Thus, the stopping of the hospital run by the petitioner society will only cause serious inconvenience to the pilgrims. The facilities given by the petitioner's society will only supplement the medical centre run by the 3rd respondent.

6. The petitioner retired from Kerala Health Service Department in the year 2015 and is presently employed under National Health Mission as Specialist Medical Officer (Surgery) at Taluk Hospital, Kottarakkara. The society has from 2017 onwards associated with SRM Institute of Medical College, Chennai (SIMS) for providing medical service facilities at Sabarimala. Free ICU ambulance service with ICU technician is provided at Pampa. The said service is under the disposal of the medical officer in charge, Government hospital, Pampa. SIMS has been providing lifesaving medicines, doctors, nurses and lab technicians on voluntary basis at the medical centre of the petitioner. Exhibit P7 is totally misconceived since the hospital is functioning during mandala season and also every month when the temple is opened for darshan.

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2024:KER:75027 There has never been a situation when the building and the hospital has been closed indefinitely."

11. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 to 3 and additional 8th respondent and also the learned Standing Counsel for Travancore Devaswom Board for respondents 4 to 7.

12. 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. 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 14 WP(C)No.17716 of 2024 2024:KER:75027 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.

13. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, 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.

14. 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 15 WP(C)No.17716 of 2024 2024:KER:75027 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.

15. 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.

16. In the order dated 11.04.2022 in DBP No.55 of 2018, this Court noticed that Sabarimala Temple was originally having 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 16 WP(C)No.17716 of 2024 2024:KER:75027 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.

17. 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 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, 17 WP(C)No.17716 of 2024 2024:KER:75027 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.

18. 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). 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). In the year 1986, vide G.O.(Ms.)No.97/86/F&WLD 18 WP(C)No.17716 of 2024 2024:KER:75027 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 been constructed. 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.

19. Section 83 of the Kerala Police Act, 2011 deals with Special Security Zones. As per sub-section (1) of Section 83, the 19 WP(C)No.17716 of 2024 2024:KER:75027 Government may, on the recommendation of the State Police Chief or otherwise by reason of high security threats faced by any distinguished or protected person present in an area or any important institution or premises situated therein, notify such area as a Special Security Zone. As per sub-section (2) of Section 83, the Government may direct in areas so notified under sub-section (1) reasonable restrictions with respect to the use of building premises and vehicles and in respect of the movement of persons, vehicles and objects and police officers may issue, to all concerned, such directions as are necessary for the compliance of such restrictions.

20. The Government, vide notification, G.O.(P)No.72/ 2022/Home dated 19.10.2022 declared Sabarimala and its vicinity 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 during Mandala-Makaravilakku festival season of 1198 ME (2022-23).

21. For providing amenities to the pilgrims, the Board constructed Pilgrim Centres at Sabarimala Sannidhanam, collecting donations from the devotees of Lord Ayyappa. In 20 WP(C)No.17716 of 2024 2024:KER:75027 respect of each donor rooms, individual agreements have been entered into between the 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 6th 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 will 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 online booking facility provided by the Board in the website 'www.onlinetdb.com'. Those rooms in respect of which there is no online booking facility will be allotted 21 WP(C)No.17716 of 2024 2024:KER:75027 to the pilgrims on first come first served basis.

22. In terms of the directions issued by this Court, the 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. In the order dated 12.09.2024 in SSCR No.26 of 2024, this Court has made it clear that the respective donors of donor rooms in Sabarimala Sannidhanam have to complete the 'Donor Verification Process' before the commencement of the Mandala-Makaravilakku festival season of 1200ME (2024-25), for availing donor room facility during the festival season.

23. The number of footfall 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 22 WP(C)No.17716 of 2024 2024:KER:75027 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 Sabarimala has to be reduced. Therefore, the available accommodation at Sabarimala has to be utilised to the maximum extent, during Maasapoojas and Manadala-Makaravilakku festival seasons. It is in such circumstances, this Court issued various directions regarding donor rooms in the order dated 12.09.2024 in SSCR No.26 of 2024. Due to acute shortage of accommodation facilities at Sabarimala Sannidhanam, a large number of pilgrims, including children of tender age and senior citizens, are getting only the toilet facilities provided at Sannidhanam.

24. On 12.06.2024, when this writ petition came up for consideration, the learned Senior Government Pleader, on written instructions from the additional 8th respondent District Medical Officer (Health) submitted that till 2018-19, Government Doctors from Health Services Department were posted at SAHAS Cardiology Centre at Sabarimala Sannidhanam. That practice was discontinued from the year 2019 onwards. The learned Senior Government Pleader pointed out that the Government 23 WP(C)No.17716 of 2024 2024:KER:75027 Hospital at Sannidhanam is having IP beds, ICU beds, operation theatre, pharmacy, laboratory, X-ray facility, casualty and OP room. One Cardiologist, one Physician, one Orthopaedician, one Paediatrician, one General Surgeon, one Anaesthetist and two Assistant Surgeons are being posted at the Government Hospital, Sannidhanam, during Mandala-Makaravilakku festival seasons.

25. In the order dated 12.06.2024, this Court noticed that, as certified in Ext.P21 attendance certificate dated 17.01.2020 issued by the Medical Officer-in-charge, Government Hospital, Sannidhanam, Dr.O.Vasudevan, NHM Specialist Doctor (Surgeon), Taluk Hospital, Kottarakkara has worked at SAHAS Cardiology Centre and signed the attendance maintained at Government Hospital, Sannidhanam, from 01.01.2020 to 17.01.2020. The said Dr.O.Vasudevan is none other than the Secretary of the petitioner Society, i.e., Sree Ayyappas Health Amenities Society (SAHAS).

26. In the order dated 12.06.2024, this Court noticed the submission made by the learned Standing Counsel for Travancore Devaswom Board that one among the objectives of the project for the construction of doctors free medical aid centre and pilgrim shelter at Sannidhanam, as stated in Ext.P2 letter 24 WP(C)No.17716 of 2024 2024:KER:75027 dated 26.11.1992 addressed to the then President of the Travancore Devaswom Board, was to provide shelter for doctors visiting Sabarimala in a portion of the proposed building, to ensure active participation and co-operation of many doctors. The objectives of the project stated in Ext.P2 read thus;

"Objectives of the Project

1. Provide free medical service at Sannidhanam with necessary equipments including Electro Cardiograph and cardiac monitoring during the whole festival seasons. Building will be constructed and required equipments purchased by the doctors. Drugs and other hospital requirements will also be provided by the doctors also assure that the services of specialist doctors be made available.

2. We also wish to provide a shelter for the doctors visiting Sabarimala in a portion of the proposed building, we can there by ensure active participation and co-operation of many doctors in the project."

27. In the order dated 12.06.2024, this Court noticed the submission made by the learned Standing Counsel for Travancore Devaswom Board regarding the averments in paragraph No.4 of the writ petition, with reference to the objectives stated in Ext.P2. The relevant portion of paragraph 4 of the writ petition reads thus;

"4. ......... Memberships were issued to the doctors and 25 WP(C)No.17716 of 2024 2024:KER:75027 other individual contributors so as they can use the accommodation while coming for darshan. The whole purpose of the Petitioner Society in obtaining the said land and the construction of a building was for providing free medical service and also serve as a shelter for doctors coming to Sabarimala for dharshanam. Thus the petitioner was registered as per Ext.P1. A true copy of the bye laws of the society is produced herewith and marked as Ext.P4. It has to be brought to the notice that the medical centre with pilgrim centre is the only place for doctor community while coming for darshan to take rest."

The learned Standing Counsel pointed out that Exts.P9 and P10 documents produced along with the writ petition as reports dated 18.01.2024 and 18.04.2024 from SAHAS Cardiology Centre, on the functioning of that centre from 17.11.2023 to 16.01.2024 and from 10.04.2024 to 18.04.2024 are prepared by the Secretary of the petitioner Society.

28. In the order dated 12.06.2024, this Court noticed that, in the affidavit dated 03.06.2024 sworn to by the Secretary of the petitioner Society in support of I.A.No.1 of 2024, it is stated that the petitioner purchases and stocks medicines worth more than 10 lakhs every year. The petitioner stocks all life- saving medicines and other medicines for Cardiovascular issues in the medical centre. The petitioner has not charged any 26 WP(C)No.17716 of 2024 2024:KER:75027 amount for the same to date. On a query made by this Court, the learned counsel for the petitioner submitted that SAHAS Cardiology Centre at Sannidhanam has not obtained any licence from the statutory authorities for dealing with such medicines. Though an order of status quo was granted on 14.05.2024 for a period of three weeks, it was not extended thereafter. By the order dated 12.06.2024, this Court found no reason to revive and extend the order of status quo granted on 14.05.2024.

29. The stand taken in the counter affidavit dated 23.07.2024 filed by the 3rd respondent Director of Health Services is that the Medical Officers and Paramedical staff in the Health Services Department were issued with posting orders at SAHAS Cardiology Centre, as evidenced by Exts.P12 to P20 proceedings for the period up to 2018-19, when the renovation work of the Government Hospital, Sannidhanam was going on. Since the renovation work of the Government Hospital, including the ICU, was completed in the year 2018-19, no Medical Officers and Paramedical staff of the Health Services Department were issued with posting orders at SAHAS Cardiology Centre from the year 2019 onwards. Regarding Ext.P21 attendance certificate dated 17.01.2020 and Ext.P22 proceedings dated 17.01.2020 27 WP(C)No.17716 of 2024 2024:KER:75027 issued by the Medical Officer-in-charge, Government Hospital, Sannidhanam, it is pointed out in the counter affidavit filed by the 3rd respondent that no posting orders were issued to Dr.O.Vasudevan, who is the Secretary of Sree Ayyappas Health Amenities Society (SAHAS), by the Director of Health Services or Health Services Department, posting him at SAHAS Cardiology Centre, Sannidhanam, during the period from 16.11.2019 to 17.01.2020. His posting order was given by the District Programme Manager, Kollam based on the instructions from the State Mission Director, National Health Mission, Thiruvananthapuram. As evident from Ext.P21 attendance certificate dated 17.01.2020 and Ext.P22 proceedings dated 17.01.2020, Dr.O.Vasudevan, who was then working as NHM Specialist Doctor (Surgeon), Taluk Hospital, Kottarakkara has worked at SAHAS Cardiology Centre and signed the attendance maintained at Government Hospital, Sannidhanam, from 16.11.2019 to 17.01.2020. The document marked as Ext.P23, along with I.A.No.1 of 2024 is copy of identity cards issued in the year 2017 to the Medical Officers and Paramedical staff, who were posted in SAHAS Cardiology Centre, Sannidhanam, during Mandala-Makaravilakku festival season of 1193 ME (2017-18). 28 WP(C)No.17716 of 2024

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30. The construction of doctors free medical aid centre and pilgrim shelter at Sabarimala Sannidhanam, in the space measuring 25m x 8m adjacent to the Government Dispensary at Sannidhanam was made by the petitioner Society as per the sanction accorded by the Travancore Devaswom Board, allotting that space to the Society, as evidenced by Ext.P3 communication dated 23.12.1992 of the Secretary of the Board, addressed to the 5th respondent Devaswom Commissioner. At that point of time, there was only a Government Dispensary at Sannidhanam, with limited medical facilities. It is thereafter that the Government Dispensary at Sannidhanam was converted as a Government Hospital with ICU beds, operation theatre, etc. and the renovation work was completed in the year 2018-19. Thereafter, the practice of posting Medical Officers and Paramedical staff of the Health Services Department at SAHAS Cardiology Centre during Mandala-Makaravilakku festival seasons was stopped.

31. During the course of arguments, the learned Senior Government Pleader pointed out that the Government Hospital, Sannidhanam, after its renovation in the year 2018-19, is a full- fledged hospital with 18 IP beds, 5 ICU beds, operation theatre, 29 WP(C)No.17716 of 2024 2024:KER:75027 pharmacy, laboratory, x-ray facility, causality and OP room. One Cardiologist, one Physician, one Orthopedician, one Pediatrician, one General Surgeon, one Anesthetist and two Assistant Surgeons are being posted at the Government Hospital, Sannidhanam during Mandala-Makaravilakku festival seasons. SSCR No.15 of 2024 filed by the Special Commissioner, Sabarimala, based on a representation made by the Kerala Government Medical Officers' Association suggesting improvement of the infrastructure and other facilities for medical care at Sabarimala during Mandala-Makaravilakku festival season of 1200 ME (2024-25) is now pending consideration. During the course of arguments, the learned Senior Government Pleader would point out that presently, there is acute shortage of accommodation facility for the Medical Officers and Paramedical staff of the Health Services Department, posted at Sannidhanam during Mandala-Makaravilakku festival seasons.

32. Though the petitioner has placed on record various documents along with the writ petition and also I.A.Nos.1 and 2 of 2024, none of those documents would show posting of Medical Officers and Paramedical staff of Health Services Department in SAHAS Cardiology Centre, after the completion of renovation 30 WP(C)No.17716 of 2024 2024:KER:75027 work of Government Hospital, Sannidhanam, in the year 2019, with ICU facility. Ext.P21 attendance certificate dated 17.01.2020 and Ext.P22 proceedings dated 17.01.2020 of the Medical Officer-in-charge, Government Hospital, Sannidhanam would only show that Dr.O.Vasudevan, NHM Specialist Doctor (Surgeon), Taluk Hospital, Kottarakkara, who is none other than the Secretary of the petitioner Society, has worked at SAHAS Cardiology Centre and signed the attendance register maintained at Government Hospital, Sannidhanam, for the period from 16.11.2019 to 17.01.2020. Though, it is stated in paragraph 6 of the affidavit filed in support of I.A.No.2 of 2024 that the petitioner Society, from the year 2017 onwards, is associating with SRM Institute of Medical College (SIMS), Chennai, for providing medical facilities at Sannidhanam and that SIMS, Chennai has been providing life-saving medicines, doctors, nurses and lab technicians on voluntary basis at SAHAS Cardiology Centre, Sannidhanam, during Maasapoojas and Mandala-Makaravilakku festival seasons, the petitioner Society has not chosen to produce any documents to substantiate the said fact. In the writ petition or in the affidavits filed in support of I.A.Nos.1 and 2 of 2024, the petitioner Society has not chosen 31 WP(C)No.17716 of 2024 2024:KER:75027 to produce any documents to show that its association with SIMS, Chennai, with effect from the year 2017, for providing medical services at SAHAS Cardiology Centre, Sannidhanam, is after obtaining permission from the Travancore Devaswom Board. The petitioner Society has also not chosen to produce any documents to show that supply of medicines by SIMS, Chennai, with effect from the year 2017 at SAHAS Cardiology Centre, Sannidhanam is after obtaining necessary licence/permission from the statutory authorities. The averments in paragraphs 3 and 4 of the affidavit filed in support of I.A.No.2 of 2024 would show that the petitioner Society has constructed the building for free medical aid centre at Sannidhanam, from the financial assistance provided by doctor community and non-medical devotee members of the Society, at an estimated cost of Rs.35 lakhs, as per Ext.P24 plan approved by the Maramath Wing of the Travancore Devaswom Board. The medical equipments in that free medical aid centre are contributed by devotees and various companies.

33. When the entire medical facilities at Sabarimala are being provided with the Medical Officers, Paramedical staff and Technical staff of the Health Services Department, who are being 32 WP(C)No.17716 of 2024 2024:KER:75027 posted at the Government Hospital, Sannidhanam, Government Hospital, Pamba, Primary Health Centre, Nilakkal, Cardiology Centre, Neelimala, Cardiology Centre, Appachimedu and also in the temporary hospitals at Charalmedu and Karimala, on special duty, who are under the direct control of the additional 8 th respondent District Medical Officer (Health), Pathanamthitta, the petitioner Society cannot be permitted to have a free medical aid centre at Sannidhanam, with the help of Doctors and Paramedical staff provided by SRM Institute of Medical College (SIMS), Chennai. As already noticed hereinbefore, the petitioner has not chosen to produce any document to substantiate the fact that, after the renovation of Government Hospital, Sannidhanam, in the year 2019, medical facilities are being provided to pilgrims at SAHAS Cardiology Centre, Sannidhanam, with the assistance of the Paramedical staff provided by SIMS, Chennai. The documents marked as Exts.P9 and P10 in the writ petition are two reports dated 18.01.2024 and 18.04.2024 regarding the functioning of SAHAS Cardiology Centre, Sannidhanam during Mandala-Makaravilakku festival season of 1199ME (2023-24). The said reports are filed by Dr.O.Vasudevan, who is the Secretary of the petitioner Society.

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34. SSCR No.15 of 2024 filed by the Special Commissioner, Sabarimala based on a representation dated 15.06.2024 filed by the Kerala Government Medical Officers' Association, suggesting improvement of infrastructure and other facilities for medical care during Mandala-Makaravilakku festival season of 1200ME (2024-25) is pending consideration before this Court, in which space constraints for expansion of clinical facilities in the Government Hospital, Sannidhanam has pointed out. The building of SAHAS Cardiology Centre is on the side of Government Hospital, Sannidhanam and the buildings are separated by a compound wall, which is evident from the photographs produced by the learned Standing Counsel for Travancore Devaswom Board, along with a memo dated 02.10.2024. In the absence of any reliable materials placed on record, the action of the 6th respondent Executive Officer in issuing Ext.P7 communication dated 07.05.2024, based on the decision taken in the meeting convened on 02.05.2024 in the Board Headquarters, requiring the petitioner Society to surrender the building of SAHAS Cardiology Centre, Sannidhanam, cannot be said to be either arbitrary or illegal, warranting an interference of this Court in exercise of the writ 34 WP(C)No.17716 of 2024 2024:KER:75027 jurisdiction under Article 226 of the Constitution of India. Considering the fact that the number of footfall at Sabarimala Sannidhanam during Mandala-Makaravilakku festival season of 1199ME (2023-24) was more than 1,00,000 per day, which had gone up to 1,15,000 per day, as per records, it is for the Board to take necessary steps, in consultation with the 2 nd respondent Director of Health Services and the 4th respondent District Medical Officer (Health) to utilise the building of SAHAS Cardiology Centre for providing additional medical facilities by the Health Services Department, for the Government Hospital, Sannidhanam by setting up additional ICU beds, etc. Since there is acute shortage of accommodation for the Medical Officers and Paramedical staff posted at the Government Hospital, Sannidhanam, it is for the Board to consider the question as to whether the second floor of the building, which is kept as an open space, as evident from Ext.P24 plan, could be utilised for that purpose.

In the above circumstances, we find no reason to interfere with Ext.P7 communication dated 07.05.2024 issued by the 6th respondent Executive Officer, Sabarimala based on the decision taken in the meeting convened in the Board Headquarters on 35 WP(C)No.17716 of 2024 2024:KER:75027 02.05.2024. The petitioner is not entitled to any of the reliefs sought for in this writ petition and the same is accordingly dismissed. Since the petitioner Society has provided medical equipment and other infrastructure in the building in question, it is for the Board to grant reasonable time to the Society to remove the same from the building in question.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE AV/-

2024:KER:75027 APPENDIX OF WP(C) 17716/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED Exhibit P2 A TRUE COPY OF THE LETTER DATED 26-11-1992 ISSUED TO THE PRESIDENT Exhibit P3 A TRUE COPY OF THE LETTER DATED 23-12-1992 ISSUED BY THE SECRETARY TRAVANCORE DEVASWOM BOARD TO THE DEVASWOM COMMISSIONER Exhibit P4 A TRUE COPY OF THE BYE LAWS OF SREE AYYAPPA HEALTH AMENITIES SOCIETY DATED NIL Exhibit P5 A TRUE COPY OF THE SAHAS REPORT FROM 27-12- 2018 TO 9-01-2019 Exhibit P6 A COPY OF THE PAPER CUTTING DATED 21-11-2023 IN MATHRUBHUMI DAILY Exhibit P7 A TRUE COPY OF THE NOTICE EOP NO 409/24/SABA DATED 07-05-2024 Exhibit P8 A TRUE COPY OF THE LETTER ISSUED BY THE THIRUVITHAMKOOR DEVASOM BORD FOR THE PETITIONER DATED 18-11-2016 Exhibit P9 A TRUE COPY OF THE LETTER FROM SAHAS CARDIOLOGY CENTER DATED 18-01-2024 Exhibit P10 A TRUE COPY OF THE LETTER FROM SAHAS CARDIOLOGY CENTRE DATED 18-04-2024 Exhibit P11 A PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE BUILDING Exhibit P12 A TRUE COPY OF ORDER NO.EF2-94959/2012/DHS DATED 01.01.2013 ISSUED BY THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL) DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM Exhibit P13 A TRUE COPY OF THE ORDER NO.

PH5.51948/2013/DHS DATED 08.11.2013 ISSUED BY THE 3RD RESPONDENT Exhibit P14 A TRUE COPY OF THE ORDER NO.

PH5.55966/2015/DHS DATED 30.10.2015 ISSUED BY THE 3RD RESPONDENT 37 WP(C)No.17716 of 2024 2024:KER:75027 Exhibit P15 A TRUE COPY OF THE ORDER NO.C1- 11127/2015/GHT DATED 12.11.2015 ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, THIRUVANANTHAPURAM Exhibit P16 A TRUE COPY OF THE ORDER DATED 12.11.2015 ISSUED BY THE SUPERINTENDENT, GENERAL HOSPITAL, MANJERI (GOVT.MCH MANJERI) Exhibit P17 A TRUE COPY OF THE ORDER NO.

K3/24833(4)/2016DME DATED 24.12.2016 ISSUED BY THE 3RD RESPONDENT Exhibit P18 A TRUE COPY OF THE ORDER NO.G.1/27431/2016/MCT DATED 04.01.2017 ISSUED BY THE 3RD RESPONDENT Exhibit P19 A TRUE COPY OF THE ORDER NO.PH.5- 51207/2016/AVD DATED 27.04.2017 ISSUED BY THE 3RD RESPONDENT Exhibit P20 A TRUE COPY OF THE ORDER NO.DPMSU-

KLM/885/PRO/2019/DPMSU DATED 17.11.2019 ISSUED BY THE DISTRICT PROGRAM MANAGER, KOLLAM Exhibit P21 A TRUE COPY OF THE ATTENDANCE CERTIFICATE OF DR. O. VASUDEVAN NHM SPECIALIST, DATED 17.01.2020 ISSUED BY THE GOVERNMENT HOSPITAL, SANNIDHANAM Exhibit P22 A TRUE COPY OF THE PROCEEDINGS OF THE MEDICAL OFFICER/C,GH,SANNIDHANAM, DATED 17.01.2020 Exhibit P23 A TRUE COPY OF THE ID CARDS OF THE EMPLOYEES WORKING UNDER THE PETITIONER DATED NIL Exhibit P24 A TRUE COPY OF THE PLAN DATED NIL

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