Kerala High Court
Suo Motu vs State Of Kerala on 15 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
Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
SSCR NO. 29 OF 2023
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER
REPORT - SM NO.29/2023 - REPORT REGARDING THE PREPARATIONS AND ACTION PLAN TO BE
MADE BY THE TRAVANCORE DEVASWOM BOARD, THE OTHER DEPARTMENTS OF THE STATE OF
KERALA AND THE KERALA POLICE FOR PROVIDING AMENITIES AND FACILITIES TO THE
SABARIMALA PILGRIMS AND FOR EFFECTIVE CROWD MANAGEMENT FOR THE ENSUING MANDALA
MAKARAVILAKKU FESTIVAL 1199 M.E. COMMENCING ON 16/11/2023, AS DIRECTED BY THE
HON'BLE HIGH COURT OF KERALA IN THE ORDER DATED 20/01/2023 IN SSCR 23/2022 - 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-695 001.
2. STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695010
3. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA-689645.
4. THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANMATHITTA, KERALA-689645
5. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) AND
CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695001
6. DEPUTY DIRECTOR,
PERIYAR WEST DIVISION, PEERUMEDU, IDUKKI-685531.
7. THE FOREST RANGE OFFICER,
PAMBA RANGE, VALLAKKADAVU P.O., VANDIPERIYAR (VIA),
IDUKK1-685553
8. KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT P.O., THIRUVANANTHAPURAM-695035
9. THE SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
10. THE TRANSPORT COMMISSIONER KERALA
TRANSPORT COMMISSIONERATE, VAZHAUTHACAUD,
THIRUVANANTHAPURAM - 695 014
11. THE SECRETARY TO GOVERNMENT
HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
12. THE DISTRICT MEDICAL OFFICER (HEALTH),
CIVIL STATION, PATHANAMTHITTA, PIN-689645
13. THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPRUAM-695 003
14. THE DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM,PIN-695 005.
15. THE EXECUTIVE OFFICER,
SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM-695 003
16. KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033
17. THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, PATHANAMTHITTA,
THIRUVALLA-689 101
*ADDL.R18 IMPLEADED
18. THE EXECUTIVE ENGINEER, (**CORRECTED)
TRANSMISSION DIVISION, AZHOOR ROAD, PATHANAMTHITTA-689 645
*IS SUO MOTU IMPLEADED AS ADDITIONAL 18TH RESPONDENT VIDE ORDER
DATED 10/10/2023 IN SSCR.NO.29/2023
**CORRECTED AS
THE EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD, TRANSMISSION DIVISION,
AZHOOR ROAD, PATHANAMTHITTA-689 645.
**THE DESCRIPTION OF THE ADDITIONAL 18TH RESPONDENT IS SUO MOTU
CORRECTED AS PER ORDER DATED 13/10/2023 IN SSCR.NO.29/2023
*ADDL.R19 IMPLEADED
19. THE DIRECTOR OF HEALTH SERVICES,
DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM- 695 035.
*IS SUO MOTU IMPLEADED AS THE ADDITIONAL 19TH RESPONDENT AS PER
ORDER DATED 13/10/2023 IN SSCR.NO.29/2023
*ADDL.R20 IMPLEADED
20. THE DEPUTY DIRECTOR,
LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEAD QUARTERS, NATHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN-695 003
*IS SUO MOTU IMPLEADED AS ADDL.R20 VIDE ORDER DATED 15/11/2023
IN SSCR.NO.29/2023
*ADDL.R21 & R22 IMPLEADED
21. EXECUTIVE MAGISTRATE
SANNIDHANAM, SABARIMALA, PATHANAMTHITTA - 689 713
22. CHIEF VIGILANCE AND SECURITY OFFICER
(SUPERINTENDENT OF POLICE), TRAVANCORE DEVASWOM BOARD
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 21 AND 22 VIDE
ORDER DATED 22/11/2023 IN SSCR.NO.29/2023.
*ADDL.R23 IMPLEADED
23. THE CHIEF POLICE COORDINATOR
(ADDITIONAL DIRECTOR GENERAL OF POLICE, LAW AND ORDER)
SANNIDHANAM, SABARIMALA, PATHANAMTHITTA, PIN-689713
*IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT 23 VIDE ORDER
DATED 04/12/2023 IN SSCR.NO.29/2023
*ADDL.R24 IMPLEADED
24. THE DIG OF POLICE,
GROUP CENTRE, CRPF, PALLIPPURAM, THIRUVANANANTHAPURAM-695 316
*IS SUO MOTU IMPLEADED AS ADDITIONAL 24TH RESPONDENT VIDE ORDER
DATED 09/12/2023 IN SSCR 29 OF 2023.
*ADDL.R25 IMPLEADED
25. THE REGIONAL TRANSPORT OFFICER (ENFORCEMENT),
STADIUM JUNCTION, KAIPATTOOR ROAD, NH 183A,
PATHANAMTHITTA-689 645
*IS SUO MOTU IMPLEADED AS ADDITIONAL 25TH RESPONDENT VIDE ORDER
DATED 11/12/2023 IN SSCR.NO.29/2023
BY SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER FOR R1 TO R4, R11,
R12, R21 & R25
BY SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD FOR R13 TO R15 and
R22
BY SPECIAL GOVERNMENT PLEADER (FOREST)
BY SRI.P.SANTHOSH KUMAR, SPL.GOVERNMENT PLEADER (TRANSPORT)
BY M/S.DEEPU THANKAN, UMMUL FIDA, LAKSHMI SREEDHAR,
LEKSHMI P.NAIR and NAMITHA K.M., Advocates for R8
BY SRI.P.M.JOHNY, SC, KERALA WATER AUTHORITY
BY SRI.JOSHY V.V., Advocate for R16 & R17
BY SRI.B.PREMOD, SC, KSEB
BY SRI.N.RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPL.COMMISSIONER
BY DEPUTY SOLICITOR GENERAL OF INDIA FOR ADDL.R24
THIS SABARIMALA SPECIAL COMMISSIONER REPORT ALONG WITH CONNECTED
CASES HAVING COME UP FOR ORDERS AGAIN ON 15/12/2023, UPON PERUSING THE
REPORT AND THIS COURT'S COMMON ORDER DATED 15/12/2023 (ORDER NO.1), THE
COURT ON THE SAME DAY PASSED THE FOLLOWING.
ANIL K. NARENDRAN & G. GIRISH, JJ.
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SSCR Nos.29, 36, 41 and 42 of 2023
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Dated this the 15th day of December, 2023
(at 2.00 p.m.)
ORDER
Anil K. Narendran, J.
When this matter is taken up again at 2.00 p.m., the learned Senior Government Pleader would submit that crowd management at Sabarimala is under control.
2. Regarding the incidents noted in paragraph 21 of the order of this Court dated 14.12.2023 (yesterday) at 10.15 a.m., the report of the Chief Police Co-ordinator, Sannidhanam is being placed on record along with the copy of the FIR.
3. Paragraph 2 of the order of this Court dated 14.12.2023 (yesterday) at 3.00 p.m. reads thus;
"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;2
SSCR Nos.29, 36, 41 and 42 of 2023 PLACES BETWEEN VADASSERIKARA AND LAHA IN PATHANAMTHITTA DISTRICT SL.NO. FROM TO LENGTH AVAILABLE PARKING HMV/LMV OF PLACE STRETCH 1 BSNL-LAHA LAHA FOREST 1.3 KMS ROAD MARGIN 10 HMV STATION & 15 LMV 2 MANUJALA HOTEL AMMAN 0.8 KMS 1. AMMANKOVIL 10 HMV KOVIL/HARRISON TEMPLE 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 10 HMV
BRIDGE ASHRAMAM & 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 STRETC H 1 CHEMPAKKARA THOOMKUZHIP 1 KMS NIL ADI 2 MES THIRUVAMPAD 2 KMS 1. MES GROUND 1. LMV-150 I TEMPLE 2. HOTEL ARYAS NEAR VEHICLES AZIZI HOSPITAL 2. HMV-15
2. 3. THIRUMPADI TEMPLE 3. LMV-100 GROUND 3 35TH MILE MUTTAPPALY 1.5 KMS RTD.SI NOUSHAD LMV-50 GROUND VEHICLES 4 MUTTAPPALY KUTTAPPAYIPP 1.5 KMS NIL ADI 5 KUTTAPPAYIPPADI CHEENIMARAM 2 KMS NIL TOTAL NO. OF VEHICLES IDENTIFIED FOR PARKING HMV-15 LMV-300
4. The learned Senior Government Pleader, on instructions, would submit that in terms of the directions contained in the order of this Court dated 14.12.2023, the District Police Chief shall take necessary steps to hold vehicles carrying pilgrims, in addition to Sabarimala Edathavalams, as the places identified as above, when the movement of pilgrims from Nilakkal 3 SSCR Nos.29, 36, 41 and 42 of 2023 is restricted by 'hold and release' mechanism.
5. It is made that, when the vehicles are parked in those locations, the police and the enforcement officers in the Motor Vehicles Department, who are on sectoral patrolling shall render necessary assistance to the pilgrims.
List this matter for further consideration on 18.12.2023.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
G. GIRISH, JUDGE MIN 15-12-2023 /True Copy/ Assistant Registrar