SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) The Special Commissioner, Sabarimala, has filed this report based on an enquiry conducted by the Superintendent of Police, Devaswom Vigilance Wing, on a report submitted by the duty Magistrate, Pamba, regarding the sub-lease of Stall No.113 at Pamba Manappuram during Mandala Makaravilakku festival season of 1200ME (2024-25). A report dtd. 3/1/2025 of the Superintendent of Police, Chief Vigilance and Security Office, Thiruvananthapuram of Travancore Devaswom Board and the report dtd. 22/12/2024 of the duty Magistrate, Pamba, addressed to the Vigilance Officer, Pamba, Travancore Devaswom Board, are enclosed with the report of the Special Commissioner. In the report dtd. 28/12/2024, the 6th respondent, Chief Vigilance and Security Officer, has stated that the 'kuthaka right' in respect of Stall No.113 was for an area of 4x5 m, i.e., 20 Sq.ms. But the Kuthaka holder encroached upon more area, constructed their stall, dividing it into two different parts and sublet it to two different persons, i.e., one to Sri. Arun Suresh and another to Sri. Baiju.

(2.) 20/1/2025, when this matter was taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. The learned Standing Counsel for Travancore Devaswom Board made available for the perusal of this Court the Kuthaka certificate and agreement in respect of Stall No.113 at Pamba Manappuram. The report of the 5th respondent Executive Officer, furnishing the details of Sri.Arun Suresh and Sri. Baiju, who conducted the stalls in the area covered by that Kuthaka certificate, was directed to be placed on record.

(3.) On 27/1/2025, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that a copy of the Kuthaka certificate, Kuthaka agreement, notice dtd. 15/1/2025 issued to the Kuthaka holder and the reply received from the Kuthaka holder are placed on record along with a memo. The additional 7th respondent was suo motu impleaded based on the Kuthaka agreement, etc., placed on record by the learned Standing Counsel for Travancore Devaswom Board. The learned Senior Government Pleader entered appearance for respondents 1 and 2, and the learned Standing Counsel for respondents 3 to 6. Urgent notice was ordered by speed post to the additional 7th respondent returnable within three weeks.