C.N.Madhusoodanan vs State Of Kerala on 22 December, 2022

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Kerala High Court

C.N.Madhusoodanan vs State Of Kerala on 22 December, 2022

The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking writ of mandamus commanding respondents 5 to 8 not to impose any restriction on the movement of devotees on the traditional trekking path from Erumeli without consultation with Malayarayan tribal community and adversely affecting the traditional religious practices of that community and other devotees or divert pilgrims to non- traditional paths to Sabarimala Temple, which is more onerous or restrictive than the restrictions on the two non-traditional paths. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 4 to draw up a master plan for the protection and maintenance of Erumeli-Sannidhanam traditional pathway with due right of administration to the members of Malayarayan community and other communities, to maintain and protect the above places of worship; and a writ of mandamus commanding the respondents to protect the rites, rituals and beliefs of the petitioners and members of Malayarayan tribal community without imposing any illegal and unreasonable restrictions, on the movement of devotees of Sabarimala Temple WP(C) 40899 of 2022 4 through the traditional trekking path from Erumeli. The document marked as Ext.P2 is an order dated 15.11.2022 of the 5th respondent District Collector, Idukki, regulating the movement of Sabarimala pilgrims through the traditional trekking path, during Mandala-Makaravilakku festival season of 1198 M.E (2022-23). The timings in Ext.P2 order are as follows:

           Sl.No      Kanana Patha        Timings
           1          Sathram             7 am to 2 pm
           2          Azhuthakkadavu      7 am to 12 pm
           3          Mukkuzhi            7 am to 1 pm

Ext.P2 order was followed by Ext.P3 order dated 25.11.2022, modifying the timings, in view of the increase in the number of pilgrims. The modified timings in Ext.P3, are as follows:

           Sl.No      Kanana Patha        Timings
           1          Sathram             7 am to 2 pm
           2          Azhuthakkadavu      7 am to 2.30 pm
           3          Mukkuzhi            7 am to 3.30 pm

The petitioners submitted Exts.P4 to P11 representations before various authorities, with a request to open up the traditional trekking path leading to Sabarimala Temple for all pilgrims, round the clock, without any time restriction. Thereafter, the petitioners have moved this writ petition before this Court, seeking the aforesaid reliefs.

2. On 16.12.2022, when this writ petition came up for WP(C) 40899 of 2022 5 admission, the learned Senior Government Pleader, on instructions, from the concerned Forest officials and also the 6 th respondent District Police Chief, Idukki, submitted that, restrictions have been imposed in the movement of pilgrims through the traditional trekking path referred to in the writ petition, mainly on account of the fact that the said path through Periyar Tiger Reserve, was not being used for the last more than two years. The learned Senior Government Pleader submitted that the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve, West Division, shall be placed on record by 19.12.2022.

3. The reports of the 6th respondent District Police Chief, Idukki and the 8th respondent Deputy Director, Periyar Tiger Reserve, West Division, are placed on record along with the memo filed by the learned Senior Government Pleader dated 19.12.2022.

4. Heard the learned counsel for the petitioners, the learned Senior Government Pleader for respondent Nos.1, 3 to 8 and also the learned Standing Counsel for Travancore Devaswom Board for the 2nd respondent.

5. The learned counsel for the petitioners would contend that unreasonable restrictions on the movement of devotees WP(C) 40899 of 2022 6 through the traditional trekking path from Erumeli have been imposed during the current Mandala-Makaravilakku festival season. Pointing out the said fact the petitioners submitted Exts.P4 to P11 representations before the respondents, with a request to open up the traditional trekking path from Erumeli, round the clock, without any time restriction.

6. Per contra, the learned Senior Government Pleader would submit that such restrictions on the movement of devotees in the traditional trekking path from Erumeli are imposed for valid reasons, as explained in the reports filed by the 6 th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve.

7. During the course of arguments, the learned Senior Government Pleader has made available for the perusal of this Court, the route map of the traditional trekking path from Erumeli to Pamba, prepared by the Kerala Forest and Wildlife Department, marking the camera points, camp-sheds, the places where elephant squads are deployed and the locations of emergency medical centre and the health centre with Doctor.

8. From the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger WP(C) 40899 of 2022 7 Reserve, the temples referred to in Exts.P4 to P11 representations made by the petitioners are in thickly forested area, which is occupied by wild animals. This area falls under Periyar Tiger Reserve. Wild animals like, Tigers, Elephants, Wild Boar, Wild Bison, Bear, Leopard, etc., are crossing the trekking path. In the year 2019 and 2020, two cases were registered in Peruvanthanam Police Station regarding attack of wild elephants in the forest. Rescue operations, when the pilgrims have health problems, is comparatively difficult in this forest area and three cases were registered in the year 2019 and 2020 in connection with death of devotees due to heart attack. The passage of wild animals is on the higher side during night time. Vehicle facility is not possible in the forest area from 6.00 p.m. to 7.00 a.m. due to the presence of the wild animals. Therefore, restrictions on trekking time are highly essential to ensure the safety of pilgrims. In the report of the 8th respondent Deputy Director Periyar Tiger Reserve, West Division, it is stated that, 15 Elephant Squads comprising of 4 persons in a group are deployed in the traditional trekking path, to ensure the safety of pilgrims. 26 permanent staff and 14 daily wage workers are also deployed on the traditional trekking path during pilgrimage season. Solar powered WP(C) 40899 of 2022 8 fence is erected in 8 Thavalams along the route to make the pilgrims safe. Artificial intelligence cameras are installed to track the movement of wild elephants and for alerting the pilgrims. Trekking through the traditional trekking path from Azhuthacadavu to Pamba takes a minimum of 9 hours. After 9.00 p.m., the pilgrims who have not crossed the destination will be accommodated in the 'Viris' in the nearby Thavalams, which are protected with Solar Powered fence. Trekking through this route will be dangerous between 6.00 p.m. and 7.00 a.m. due to the presence of the wild animals. Therefore, time restriction is highly essential for trekking in order to ensure the safety of pilgrims.

9. The facts disclosed from the reports of the 6th respondent District Police Chief and the 8th respondent Deputy Director, Periyar Tiger Reserve are not in serious dispute. Having considered the reports of the 6th and 8th respondents and perusing the route map of the traditional trekking path from Erumeli to Pamba prepared by the Kerala Forest and Wild Life Department, we are of the view that the restrictions regarding movement of Sabarimala pilgrims through the traditional trekking path, by fixing timings as specified in Ext.P3 order have been made in order to ensure the safety of the pilgrims, which warrants no WP(C) 40899 of 2022 9 interference. Therefore, the request made by the petitioners in Exts.P4 to P11 representations to open up traditional trekking path from Erumeli, round the clock, without any time restrictions, can only be rejected. When the traditional trekking path is through Periyar Tiger Reserve, where passage of wild animals is on the higher side during night time, entry of pilgrims during Mandala-Makaravilakku festival season has to be regulated in an appropriate manner. When Periyar Tiger Reserve is a protected area, it has to be preserved as such. Therefore, the request made by the petitioners for drawing up a master plan for the traditional trekking path, as sought for in this writ petition, deserves no consideration.

10. In the result, this writ petition fails and the same is accordingly dismissed.

No order as to costs.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE jg WP(C) 40899 of 2022 10 APPENDIX OF WP(C) 40899/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR OF SOCIETIES, IDUKKI DATED 10.8.2011 TO THE 1ST PETITIONER.

Exhibit P1(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P1.

Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT AND ADDRESSED TO RESPONDENTS 6 TO 8 DATED 15.11.2022.

Exhibit P2(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P2.

Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT AND ADDRESSED TO RESPONDENTS 6 TO 8 DATED 25.11.2022.

Exhibit P3(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P3.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 5TH RESPONDENT DATED 9.12.2022.

Exhibit P4(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P4.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 9.12.2022.

Exhibit P5(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P5.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 7TH RESPONDENT DATED 9.12.2022.

Exhibit P6(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P6.

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 8TH RESPONDENT DATED 9.12.2022.

Exhibit P7(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P7.

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 9.12.2022.

Exhibit P8(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P8.

WP(C) 40899 of 2022 11 Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DATED 9.12.2022.

Exhibit P9(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P9.

Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE FOREST MINISTER DATED 9.12.2022.

Exhibit P10(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P10.

Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE MINISTER FOR DEVASWOM AND OBC DATED 9.12.2022.

Exhibit P11(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P11.

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