Kerala High Court
Suomotu vs State Of Kerala on 14 December, 2023
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 G.GIRISH
Thursday, the 14th day of December 2023 / 23rd Agrahayana, 1945
SSCR NO. 41 OF 2023
ORDER
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER REPORT-SM.NO.41/2023-REPORT SUBMITTED BY THE SPECIAL COMMISSIONER, SABARIMLA REGARDING CERTAIN ASPECTS CONCERNING CROWD MANAGEMENT WITH REFERENCE TO THE DEFICIENCY IN THE FASTAG PARKING FEES COLLECTION POINT AND VEHICLE PARKING AT NILAKKAL AND DEPLOYMENT OF PERSONNEL AT PARKING GROUNDS TO ARRANGE PARKING OF VEHICLES-SUO MOTU PROCEEDINGS INITIATED- REG. PETITIONER:
SUO MOTU RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003
3. THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695005
4. THE EXECUTIVE OFFICER, SABARIMALA, PAMPA TRIVENI P.O., PATHANAMTHITTA, PIN - 689669 *ADDITIONAL R5 TO R7 IMPLEADED
5. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA
6. THE DISTRICT COLLECTOR, PATHANAMTHITTA
7. THE ICICI BANK, T.K.ROAD, ABAN ARCADE, PATHANAMTHITTA, KERALA-689645, REPRESENTED BY ITS AUTHORIZED OFFICER *ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 5 TO 7 VIDE ORDER DATED 04/12/2023 IN SSCR 41/2023 BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD BY SRI.N.RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPECIAL COMMISSIONER THIS SABARIMALA SPECIAL COMMISSIONER REPORT ALONG WITH CONNECTED CASES HAVING COME UP FOR ORDERS AGAIN ON 14.12.2023, UPON PERUSING THE REPORT AND THIS COURT'S ORDER 1 DATED 14/12/2023 AND ORDER NO 1, 2 AND 3 DATED 13/12/2023 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ANIL K. NARENDRAN & G. GIRISH, JJ.
-----------------------------------------------------
SSCR Nos.29, 36, 41 and 42 of 2023
-------------------------------------------------------- Dated this the 14th day of December, 2023 (3.00 p.m.) ORDER Anil K. Narendran, J.
When the above reports were taken up for consideration today at 10.15 a.m., this Court issued various directions and ordered the matters to be listed at 3.00 p.m. for further consideration.
2. The learned Senior Government Pleader, on instructions, would submit that crowd management at Sabarimala is under control. Out of 11 places identified by the Regional Transport Officer (Enforcement), Pathanamthitta for parking vehicles carrying Sabarimala pilgrims, when the movement of pilgrims from Nilakkal is restricted by 'hold and release' mechanism, 7 places are found suitable, in the inspection conducted by the police. The District Police Chief, Pathanamthitta has filed a report dated 13.12.2023 furnishing the particulars of those places, which are extracted hereunder;
PLACES BETWEEN VADASSERIKARA AND LAHA IN PATHANAMTHITTA
DISTRICT
SL.NO. FROM TO LENGTH AVAILABLE PARKING HMV/LMV
OF PLACE
STRETCH
2
SSCR Nos.29, 36, 41 and 42 of 2023
1 BSNL-LAHA LAHA FOREST 1.3 KMS ROAD MARGIN 10 HMV &
STATION 15 LMV
2 MANUJALA HOTEL AMMAN 0.8 KMS 1. AMMANKOVIL TEMPLE 10 HMV &
KOVIL/HARRISON AREA 15 LMV
3 PUTHUKKADA VAYARANMARUTHY 2 KMS 1.KOONAMKARA 1. 8 HMV JN. EDATHAVALAM AND & 10 LMV
2. CARMEL 2. 6 HMV ENGINEERING COLLEGE & 10 LMV ROAD 4 VAYARANMARUTHY PERINADU 2 KMS NIL JN.
5 PERINADU POOVATHUMOODU 2 KMS YOGAMAYA ASHRAMAM 10 HMV &
BRIDGE 10 LMV
6 POOVATHUMOODU VADASSERIKKARA 5.2 KMS 1. POOVATHUMMOODU 1. 5 LMV
BRIDGE PANCHAYATH GROUND 2. 5 LMV
2. 3. 8 HMV
MADAMONRISHIKESHA
TEMPLE
3. NEAR
MUNDAPLACKAL PADI
TOTAL NO. OF VEHICELS IDENTIFIED FOR PARKING - HMV - 52 AND LMV - 70
PLACES FROM KANAMALA IN ERUMELI IN KOTTAYAM DISTRICT SL.N FROM TO LENGTH AVAILABLE PARKING HMV/LMV O. OF PLACES STRETCH 1 CHEMPAKKARA THOOMKUZHIPADI 1 KMS NIL 2 MES THIRUVAMPADI 2 KMS 1. MES GROUND 1. LMV-150 TEMPLE 2. HOTEL ARYAS NEAR AZIZI VEHICLES HOSPITAL 2. HMV-15
2. 3. THIRUMPADI TEMPLE 3. LMV-100 GROUND 3 35TH MILE MUTTAPPALY 1.5 KMS RTD.SI NOUSHAD GROUND LMV-50 VEHICLES 4 MUTTAPPALY KUTTAPPAYIPPADI 1.5 KMS NIL 5 KUTTAPPAYIPPA CHEENIMARAM 2 KMS NIL DI TOTAL NO. OF VEHICLES IDENTIFIED FOR PARKING HMV-15 LMV-300
3. Having considered the submissions made at the Bar, we deem it appropriate to direct the District Police Chief, Pathanamthitta to take necessary steps to hold the vehicles carrying pilgrims, in addition to Sabarimala Edathavalams, at the places identified as above, when the movement of pilgrims from Nilakkal is restricted by 'hold and release' mechanism.
4. The learned Special Government Pleader, on instructions from the Transport Commissioner, would submit that in addition to the existing squads consisting of Enforcement 3 SSCR Nos.29, 36, 41 and 42 of 2023 Officers in the Motor Vehicle Department, additional squads have already been deployed. The details furnished in the report of the Transport Commissioner read thus;
"Existing squads deployed at Sabarimala Safe Zone : 20 Split up of existing squads deployed Squads Vehicles Elavugal-08 13 Erumeli-06 07 Kuttikkanam-06 08 Total 20 28 Additional squads to be deployed Sabarimala Safe Zone-10 Split up of Additional Squads Squads Vehicles Elavugal-04 07 Erumeli-03 04 Kuttikkanam-03 04 Total 10 15 Additional strength of officers to be deployed : 30 Additional strength of Drivers to be deployed : 30"
5. By the order passed today at 10.15 a.m. in SSCR No.36 of 2023, the learned Amicus Curiae for the Special Commissioner, Sabarimala and also the learned Standing Counsel for Erumeli Grama Panchayat were directed to get instructions as to whether excess parking fee is being collected at the parking grounds at Erumeli and whether the price list approved by the District Collector, Kottayam is exhibited in the hotels and restaurants at Erumeli.
6. When the matter is taken up again for consideration at 3.00 p.m., the learned Amicus Curiae has made available for the 4 SSCR Nos.29, 36, 41 and 42 of 2023 perusal of this Court a report dated 14.12.2023 of the Executive Magistrate, Erumeli, addressed to the District Collector, Kottayam, wherein it is stated that the price list is exhibited in almost all the hotels and restaurants. On inspection of the parking grounds at Erumeli, it was noticed that excess parking fee was being collected in a parking ground of the Travancore Devaswom Board. Therefore, a fine of Rs.5,000/- was imposed on the Kuthaka holder. The pilgrims have also made complaints regarding the excess fee collected at the toilet complex.
7. Having considered the submissions made at the Bar, we deem it appropriate to direct the Executive Magistrate, Erumeli to take necessary steps to ensure that there is no exploitation of pilgrims by any Kuthaka holder or persons conducting hotels and restaurants at Erumeli, by collecting excess fee/price.
8. In the report, the Executive Magistrate, Erumeli has stated that private parking grounds at Erumeli are functioning without any licence issued by Erumeli Grama Panchayat. Only six private parking grounds are having licenses issued by the Secretary of the Grama Panchayat.
9. The learned Standing Counsel for Erumeli Grama Panchayat would submit that the Secretary of the Grama 5 SSCR Nos.29, 36, 41 and 42 of 2023 Panchayath is in the process of issuing notice to those who are conducting parking grounds at Erumeli Grama Panchayat, without obtaining necessary licence.
10. It is for the Secretary of the Grama Panchayat to ensure that there is no collection of excess fees at any parking grounds at Erumeli and that there is no unauthorised parking grounds, without necessary licence issued by the Grama Panchayat.
List these matters tomorrow (15.12.2023) for further consideration.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
G. GIRISH, JUDGE AV/14/12 14-12-2023 /True Copy/ Assistant Registrar