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Kerala High Court

Suo Motu vs Travancore Devaswom Board - Tdb on 8 November, 2021

Author: Anil K. Narendran

Bench: Anil K.Narendran

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                          &
                      THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
              Monday, the 8th day of November 2021 / 17th Karthika, 1943

                                  DBP NO. 13 OF 2021

IN THE MATTER OF TDB - SABARIMALA SM REPORT NO.3/2021 - UNDERUTILIZATION OF
PERMITTED NUMBER OF PILGRIMS PER DAY - MANAGEMENT OF VIRTUAL QUEUE SYSTEM TO BE
ENTRUSTED TO TDB OR POLICE - SUOMOTU PROCEEDING INITIATED - REGARDING

                                   --------------

PETITIONER:

      SUO MOTU

RESPONDENTS:

1.    TRAVANCORE DEVASWOM BOARD

      THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY-695 003

2.    STATE OF KERALA

      REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM-695 001

3.    STATE POLICE CHIEF OF KERALA,

      POLICE HEAD QUARTERS, VELLAYAMBALAM,

      THIRUVANANTHAPURAM-695 010

      *ADDL.R4 IMPLEADED

4.    S. JAYA RAJ KUMAR

      S/O. LATE K.SRIDHARAN PILLAI, AGED 64 YEARS

      RESIDING AT PARK VILLAI, K.V.62, PANAMPILLY NAGAR

      COCHIN - 682 036.

      *IS IMPLEADED AS ADDL. R4 VIDE ORDER DATED 08/10/2021 IN IA 1/2021

      *ADDL.R5 IMPLEADED

5.    TATA CONSULTANCY SERVICES LIMITED

      REPRESENTED BY PROGRAM MANAGER, D.S.V. SURYAN

      KOHINOOR PARK, PLOT NO.1, HITECH CITY ROAD,
      CYBERABAD, LAND MARK RESIDENCY, JUBILEE GARDENS,

     HYDERABAD, TELENGANA - 500 084.

     *IS SUO MOTU IMPLEADED AS ADDITIONAL 5TH RESPONDENT VIDE ORDER

      DATED 21/10/2021.

     *ADDL.R6 & R7 IMPEADED

6.   HINDU SEVA KENDRAM REG.NO.563/IV/2019

     68/991, 2ND FLOOR, THARAKANS COMPLEX, K.K.PADMANABHAN ROAD

     ERNAKULAM NORTH P.O., KOCHI - 682 018

     REPRESENTED BY ITS TREASURER SREEKUMAR MANKUZHY.

     *IS IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 1/11/2021

      IN IA NO.2/2021.

7.   VISHWA HINDU PARISHAD

     KERALA, REPRESENTED BY THE GENERAL SECRETARY

     V.R. RAJASEKHARAN, VHP KENDRA KARYALAYA,

     PAVAKKULAM TEMPLE COMPLEX, KALOOR, KOCHI - 682017.

     *IS IMPLEADED S ADDITIONAL 7TH RESPONDENT VIDE ORDER DATED 1/11/2021

     IN IA NO.3/2021.




     BY SRI. G. BIJU, SC, TRAVANCORE DEVASWOM BOARD

     BY SRI.N.MANOJ KUMAR, STATE ATTORNEY FOR R2 & R3

     BY M/S. SAJITH KUMAR V., VIVEK A.V., APARNA CHANDRAN and REMYA VARMA N.K.

     for R4

     BY M/S. R. KRISHNA RAJ E. S.SONI, KUMARI SANGEETHA S NAIR, RESMI A

     Advocate for the 6th respondent.

     BY M/S.C.S.MANILAL and S.NIDEESH, Advocates for the 7th respondent.

      THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON 08/11/2021,
UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED 01/11/2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING.
         ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
        -----------------------------------------------------
                     D.B.P.No.13 of 2021 and
             W.P.(C)Nos.21609 and 21812 of 2021
        ------------------------------------------------------
           Dated this the 08th day of November, 2021

                             ORDER

Anil K. Narendran, J.

The common issue involved in D.B.P.No.13 of 2021 and W.P. (C)Nos.21609 and 21812 of 2021 relates to Virtual-Q system at Sabarimala. Detailed arguments were heard on 26.10.2021, 28.10.2021 and thereafter on 01.11.2021.

During the course of arguments the learned State Attorney has submitted that an option for cancellation of booking and also spot booking is introduced in order to ensure Sabarimala Darshan by maximum number of devotees, within the permissible limit. But those aspects are not reflected in the pleadings already on record.

The booking of slots in Virtual-Q require Aadhar Card or Election I.D number, photo and other details. In the report dated 04.11.2021 of the Special Commissioner, Sabarimala, it is stated that only the staff of Tata Consultancy Services Limited are involved in the administrative activities of the web application for Virtual-Q bookings. By an order dated 21.10.2021 Tata Consultancy Services D.B.P.No.13 of 2021 and W.P.(C)Nos.21609 and 21812 of 2021 -2- Limited, Hyderabad was impleaded as additional 5th respondent. Though notice was sent to the e-mail ID stated in that order, the concerned Project Manager is yet to file any response in D.B.P.No.13 of 2021. The web application of Virtual-Q is hosted in Amazon Cloud Environment. The measures taken to maintain data privacy has to be explained by the State Police Chief and also by the Officer in Tata Consultancy Services Limited, in charge of that web application. The Officer-in-Charge is directed to file a report on data privacy and on the manpower requirement for administering the Virtual-Q platform, on or before 11.11.2021, by e-mail to the e-mail ID of Registrar General ([email protected]/[email protected]).

The learned Standing Counsel for Travancore Devaswom Board and also the State Attorney shall file statements on behalf of respondents 1 and 2, which shall be placed on record on or before 11.11.2021, on the status of land between Nilakkal and Pamba and between Pamba and Sannidhanam and also on the option for cancellation of booking and spot booking introduced in Virtual-Q booking.

D.B.P.No.13 of 2021 and W.P.(C)Nos.21609 and 21812 of 2021 -3- Since Mandala Pooja Maholsavam commences on 15.11.2021, in the statement filed by the State Police Chief, in addition to the measures taken to maintain data privacy, the status of Virtue-Q booking for the period from 15.11.2021 till 26.12.2021 shall also be stated.

List the D.B.P. and writ petitions on 12.11.2021 at 02.00 p.m. for orders/judgment.

sd/-

ANIL K. NARENDRAN, Judge sd/-

P.G.AJITHKUMAR, Judge bkn/-

08-11-2021 /True Copy/ Assistant Registrar