P.B.Suresh Kumar, J.
This application is filed by the Travancore Devaswom Board ('the Board' for short), seeking permission to allot Donor Room No.401-Sahyadri in the pilgrim centre 2 at Sabarimala to M/s.Sabari Quality Foods, Kollam on all days when the temple remains open, free of rent.
2. In the affidavit filed in support of the said application, it is stated that the High Power Committee for implementation of the Sabarimala Master Plan has taken up the construction of two Annadana Mandapams at Sabarimala through sponsorship and one of the said Annadana Mandapams is sponsored by M/s.Sabari Quality Foods, Kollam and the construction of the said Annadana Mandapam is in progress. It is also stated in the affidavit that Donor room No.401– Sahyadri is a room donated by the brother of the proprietor of M/s.Sabari Quality Foods, Kollam and the donor has, by his letter dated 27/3/2014 informed the Board that he has no objection in allotting the said room to M/s.Sabari Quality Foods.
3. An issue relating to the right of the donor over the room donated by him at Sabarimala, came up for consideration earlier before this Court in WP(C) No.36836 of 2008 and in the said case, this Court issued the following directions.
"Accordingly, we order that the petitioners can avail the accommodation facility for 15 days during Mandalam – Makaravilakku season. Out of which rent will be paid for 10 days, in the following manner:
i) Three days during Makaravilakku season,
ii) seven days during Mandalam season.
The balance five days will be free of rent, out of which, three days will be during Mandalam season and two days will be during Makaravilakku season. During off season, the petitioners shall be treated alike any other devotee and if accommodation is available, they can be accommodated on payment of usual rent."
4. In view of the decision of this Court in WPC No.36836 of 2008, the permission sought for by the Board to allot the room referred to above to M/s.Sabari Quality Foods, Kollam on all days when the temple remains open, free of rent, cannot be granted. However, since the work sponsored by M/s.Sabari Quality Foods, Kollam at Sabarimala, as a part of the Sabarimala Master Plan, which is under progress, needs to be supervised by them, permission is accorded to allot the said room to M/s.Sabari Quality Foods, Kollam till the completion of the work.
The application is disposed of accordingly.
Sd/-
P.N.RAVINDRAN, JUDGE.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs (true copy)