P.B. Suresh Kumar, J.
This is a report filed by the Special Commissioner, Sabarimala. In this report, the Special Commissioner seeks the following directions:
“a) The District Collector, Pathanamthitta may be directed to ensure that the order dated 28.11.2014 in SSCR Nos.26 and 28 of 2014 is enforced in letter and spirit.
b) The District Collector and the District Police Chief, Pathanamthitta may be directed to provide more number of officials to assist the Duty Magistrates at Sannidhanam and Pampa.
c) The District Magistrate, Pathanamthitta may further be directed to close down the shops at Sannidanam and Pampa which do not follow directions in SSCR Nos.26 and 28 of 2014.
d) The District Magistrate and District Police Chief, Pathanamthitta may be directed to follow the directions contained in DBP No.24 of 2010.
e) The Travancore Devaswom Board may be directed, in the event of refusal on the part of the licensed vendors to supply the articles required by the pilgrims or in the event any shop is closed by the Law Enforcement Agency.”
2. As per order dated 28.11.2014 in SSCR Nos. 26 and 28 of 2014, this Court directed the Duty Magistrate and the special squads constituted at Sabarimala to take appropriate steps to see that the vendors at Sabarimala charge only the prices fixed in the meeting convened by the District Collector for the utensils sold by them. It was also directed that the vendors should be required to exhibit the prices fixed in the meeting convened by the District Collector. The prices of the utensils fixed in the meeting convened by the District Collector were also mentioned in the order.
3. As per Order in DBP No.24 of 2010, this Court directed that the District Magistrate, Pathanamthitta and Additional District Magistrate having jurisdiction on the area to ensure that the pricing of food articles at Sabarimala is appropriately done and the price list is prominently exhibited in all selling points. It was also directed in the said order that the aforesaid officers shall ensure that any shop, hotel or other outlets which do not conform to the standards that are prescribed shall be closed down without any notice and shall be permitted to operate only after the shortcoming is rectified. The relevant portion of the order reads thus:
“Similarly, in terms of the authority of the State to regulate pricing of essential commodities, including articles of food for sale, it has to be ensured by the concerned officers, including the DM, Pathanamthitta that pricing of food is appropriately done and the price list is prominently exhibited in all selling points. Health and hygiene in connection with all such outlets shall be scrupulously maintained, without fail. The authorities including the District Collector, will ensure that food supply from the shops, hotels and other outlets are of appropriate standards in terms of quality and quantity. The District Collector, Pathanamthitta and the District Civil Police Chief having jurisdiction over the area would take up personal responsibility to ensure that all officers under their command vigilantly carry out the necessary precautionary and other modes to ensure the above. Having regard to the public interest involved and the large convergence of devotees from different States, more particularly from the South Indian States, it is a matter affecting Article 21 of the Constitution of India read with Article 25 thereof and it has to be ensured that quality of food and pricing, public health and hygiene, environmental management etc. are carried out in consonance with the dictates of the Constitution. Therefore, it is directed, in exercise of the authority under Article 226 of the Constitution of India, that the DM, Pathannamthitta and ADM having jurisdiction over the area will ensure that any shop, hotel or other outlets which do not conform to the standards that may be prescribed and ordered in terms of the above, shall be closed down without any notice and would be permitted to operate only after the shortcoming is rectified and any nuisance out of the situation abated to the satisfaction of the DM, Pathanamthitta or such officer as may be deputed by him.”
4. It is pointed out in the report that the directions issued by this Court as per the order in DBP No.24 of 2010 and the order in SSCR Nos.26 and 28 of 2014 are not being enforced for want of adequate number of police personnel and legal metrology officers to assist the Duty Magistrate at Sabarimala and consequently the pilgrims are being exploited.
5. The learned Government Pleader, on instructions, submitted that the the District Police Chief, Pathanamthitta has issued necessary orders for deputing sufficient number of police personnel to assist the Duty Magistrate and the special squads constituted to enforce the directions issued by this Court at Sabarimala. He has also submitted that the Legal Metrology Department of the State Government has also deputed sufficient number of officers for ensuring compliance of the directions issued by this Court in the aforesaid orders.
6. Having regard to the contents of the report submitted by the Special Commissioner concerning the exploitation of pilgrims at Sabarimala, we feel that the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta need to take a special care in the matter and extend appropriate assistance to the officials at Sabarimala for compliance of the directions issued by this Court in the two orders referred to above. Accordingly, the District Collector, Pathanamthitta and the District Police Chief, Pathanamthitta are directed to take necessary steps to ensure compliance of the directions issued by this Court in the Order in DBP No.24 of 2010 and the order in SSCR Nos.26 and 28 of 2014 in its letter and spirit, by extending appropriate assistance as the situation demands. The District Magistrate, Pathanamthitta is also directed to take steps to close down the shops at Sannidanam, Pamba and Marakkoottam, which do not comply with the directions issued by this Court as referred to above. In the event of refusal on the part of the licensed vendors to supply the articles required for the pilgrims in the manner indicated in the orders of this Court, alternate arrangements have to be made by the Travancore Devaswom Board to sell the articles required for the pilgrims in the manner indicated in the orders referred to above.
7. In view of the ground realities indicated in the report of the Special Commissioner, we feel it appropriate to direct the Travancore Devaswom Board to make arrangements for the sale of utensils, package drinking water, pooja articles and other essential articles required by the pilgrims, directly by opening sufficient number of stalls at various places at Sabarimala from the next festival season onwards. A scheme for the said purpose shall be formulated by the Travancore Devaswom Board and submitted for approval before 31st of March, 2015.
Sd/-
P.N. RAVINDRAN, JUDGE smv Sd/-
P.B.SURESH KUMAR, JUDGE (true copy) P.A to Judge