Kerala High Court
Suo Motu vs State Of Kerala on 12 November, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
SSCR No.62/2024 1 / 17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Tuesday, the 12th day of November 2024 / 21st Karthika, 1946
SSCR NO. 62 OF 2024
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER
REPORT - SM.NO.62/2024 - REPORT REGARDING THE ARRANGEMENT OF PARKING OF VEHICLES
AT PAMPA AND NILAKKAL AT SABARIMALA SREE DHARMA SASTHA TEMPLE - 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 - 695001
2. THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM - 695 003
3. THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM, PIN- 695 005
4. EXECUTIVE OFFICER
SABARIMALA, SABARIMALA P.O., PATHANAMTHITTA -689 662
5. CHIEF VIGILANCE & SECURITY OFFICER (SUPERINTENDENT OF POLICE)
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM - 695 003
SSCR No.62/2024 2 / 17
6. KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT P.O., THIRUVANANTHAPURAM - 695035
7. PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
THIRUVANANTHAPURAM - 695014
8. THE DISTRICT COLLECTOR
COLLECTORATE, PATHANAMTHITTA, KERALA - 689645
9. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA - 689645
*ADDL.R10 & R11 IMPLEADED
10. THE DEPUTY DIRECTOR,
PERIYAR TIGER RESERVE, WEST DIVISION, PEERMADE, AZHUTHA,
IDUKKI - 685 531
11. THE DIVISIONAL FOREST OFFICER, RANNI, PATHANAMTHITTA-689 672
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 10 & 11
VIDE ORDER DATED 30/08/2024 IN SSCR.NO.62/2024.
*ADDL.R12 IMPLEADED
12. *#$ CHIEF POLICE CO-ORDINATOR
[ADDITIONAL DIRECTOR GENERAL OF POLICE (POLICE HEADQUARTERS)
SANNIDHANAM, SABARIMALA, PATHANAMTHITTA, PIN-689 713.
*IS SUO MOTU IMPLEADED AS ADDITIONAL 12TH RESPONDENT
VIDE ORDER DATED 01/11/2024 IN SSCR.NO.62/2024
#"THE CHIEF POLICE CO-ORDINATOR, ADDITIONAL DIRECTOR GENERAL OF
POLICE (LAW AND ORDER), SANNIDHANAM, SABARIMALA, PATHANAMTHITTA
PIN - 689713 IS SUO MOU CORRECTED AS ABOVE VIDE ORDER DATED
06.11.2024 IN DBP 43/2024)
$ CHIEF POLICE CO-ORDINATOR
[ADDITIONAL DIRECTOR GENERAL OF POLICE (H & Q)], SANNIDHANAM,
SABARIMALA, PATHANAMTHITTA, PIN-689 713 IS SUO MOTU CORRECTED AS
ABOVE VIDE ORDER DATED 11/11/2024 IN SSCR.NO.62/2024
SSCR No.62/2024 3 / 17
BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD
BY SMT.SAYUJYA RADHAKRISHNAN, AMICUS CURIAE FOR SABARIMALA
SPECIAL COMMISSIONER
BY SR.DEEPU THANKAN, STANDING COUNSEL FOR KSRTC
BY SRI.NAGARAJ NARAYANAN, SPL.GOVT.PLEADER (FOREST)
THIS SABARIMALA SPECIAL COMMISSIONER REPORT ALONG WITH CONNECTED
CASE HAVING COME UP FOR ORDERS AGAIN ON 12/11/2024, UPON PERUSING THE
REPORT AND THIS COURT'S ORDERS DATED 11/11/2024 , THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
SSCR No.62/2024 4 / 17
DBP No.43 of 2024 & SSCR No.62 of 2024
:1:
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
--------------------------------------------------------------
DBP No.43 of 2024 & SSCR No.62 of 2024
-------------------------------------------------------------
Dated this the 12th day of November, 2024
ORDER
Anil K. Narendran, J.
This DBP and SSCR are regarding parking facility for vehicles carrying pilgrims at Nilakkal, Chakkupalam, Triveni and Hilltop during Maasapoojas and Mandala-Makaravilakku festival seasons.
2. DBP No.43 of 2024 is registered suo motu based on the directions contained in the order dated 10.05.2024 in R.P.No.686 of 2022 in W.P.(C)No.30842 of 2019 of a Division Bench of this Court, in which one among us, [Anil K. Narendran, J], was a party. Paragraphs 19 and 20 of that order read thus;
"19. Having considered the pleadings and materials on record and also the submissions made at the Bar, we deem it appropriate to grant permission, as a temporary measure, for the parking of light motor vehicles (motor cars) carrying pilgrims, in the parking grounds at Chakkupalam II and Hilltop, during Maasapoojas, after collecting parking fees using FASTag. No motor car without FASTag shall be permitted parking in the parking grounds at Chakkupalam II and Hilltop. No motor car other than that carrying pilgrims, i.e., vehicles of Devaswom staff, employees, Kuthaka holders, etc., shall be permitted parking in the parking grounds at Chakkupalam-II and Hilltop. The SSCR No.62/2024 5 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :2: Travancore Devaswom Board shall take necessary steps to install FASTag scanners at the entry points of the parking grounds at Chakkupalam II and Hilltop. The Board shall earmark the parking slots at Chakkupalam II and Hilltop, in consultation with the Chief Police Co-ordinator, Sabarimala, the District Police Chief, Pathanamthitta, the District Collector, Pathanamthitta, who is the Chairperson of the District Disaster Management Authority, and the Executive Engineer Sabarimala Development Project. The parking slots in the parking ground at Hilltop shall be earmarked without causing any obstruction for to and fro movement of vehicles and after excluding the area specified for the parking of KSRTC buses at Hilltop. The prohibition in the orders of this Court regarding parking of vehicles on the roadside, which is absolute, cannot be permitted to be flouted by motor vehicles exhibiting 'authorised' or 'unauthorised' nameboards and emblems and the police and the Enforcement Officers in the Motor Vehicles Department shall take stringent action against vehicles exhibiting unauthorised nameboards, beacon lights and flashlights by initiating prosecution under Section 171 of the Indian Penal Code and other penal provisions. It would be open to the District Collector, Pathanamthitta, who is the Chairperson of the District Disaster Management Authority to impose any restrictions regarding parking of motor cars in the parking grounds at Chakkupalam II and Hilltop, in exercise of the powers under the Disaster Management Act, 2005, in case the situation warrants. Any issues in connection with the parking of vehicles in the parking grounds at Chakkupalam II and Hilltop shall be brought to the notice of this Court by the Special Commissioner, Sabarimala, by filing reports, SSCR No.62/2024 6 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :3: which shall be listed before the Devaswom Bench for appropriate orders.
20. Registry to register a DBP suo motu regarding "parking facility for vehicles carrying pilgrims at Nilakkal, Chakkupalam, Triveni and Hilltop" during Maasa Poojas and Mandala Makaravilakku festival seasons and list the matter before the Devaswom Bench, on 22.05.2024, along with SSCR No.9 of 2019 filed by the Special Commissioner, Sabarimala regarding the remedial measures to be taken to revive/rebuilt Pamba river and its banks in the river stretch 'Chakkupalam-Pamba-Triveni-Njunangar Bridge'. After the flood of 2018, the parking ground at Triveni is being submerged during flash floods. The question as to whether the parking ground at Triveni can be used for parking of vehicles; whether the parking ground at Chakkupalam I can be used for parking vehicles after removing debris; whether the parking of vehicles at the parking grounds other than that at Nilakkal can be permitted during MandalaMakaravilakku seasons will be decided in that DBP, in which the Travancore Devaswom Board, represented by its Secretary, the Devaswom Commissioner, the State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department, the Chief Police Co-ordinator, Sabarimala, the District Collector, Pathanamthitta, the District Police Chief, Pathanamthitta, the Station House Officer, Pamba Police Station, the Deputy Director, Periyar Tiger Reserve (West Division) and the Divisional Forest Officer, Ranni shall be arrayed as the respondents."
2.1. In this DBP the 4th respondent Chief Police Co- ordinator, [Additional Director General of Police (Law and Order)], SSCR No.62/2024 7 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :4: Sabarimala has filed a report dated 10.06.2024, which was followed by the report dated 09.08.2024 of the 5th respondent District Collector, Pathanamthitta, who is also the Chairperson, the District Disaster Management Authority.
2.2. On 05.11.2024, the Travancore Devaswom Board has filed I.A.No.1 of 2024, seeking permission for parking light motor vehicles (motor cars) carrying pilgrims at the parking grounds at Chakkupalam-II and Hilltop in Pamba during the Mandala- Makaravilakku festival season of 1200ME (2024-25). Along with this interlocutory application, Annexure R2(a) survey sketch of Chakkupalam-II parking ground, Annexure R2(b) photographs of Chakkupalam-II parking ground, Annexure R2(c) survey sketch of Hilltop parking ground, Annexure R2(d) photographs of Hilltop parking ground and Annexure R2(e) proceedings dated 24.10.2024 of the Board, whereby the Law Officer has been authorised to take necessary steps to file an application before this Court seeking permission for parking light motor vehicles (motor cars) carrying pilgrims at the parking grounds at Chakkupalam-II and Hilltop in Pamba during the Mandala- Makaravilakku festival season of 1200ME (2024-25) are produced.
2.3. By the order in I.A.No.2 of 2024, Kerala State Road SSCR No.62/2024 8 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :5: Transport Corporation was impleaded as additional 11 th respondent in DBP No.43 of 2024.
2.4. The learned Senior Government Pleader has placed on record an affidavit dated 11.11.2024 sworn to by the 4th respondent Chief Police Co-ordinator, [Additional Director General of Police (Head Quarters)], Sabarimala.
3. SSCR No.62 of 2024 filed by the Special Commissioner, Sabarimala, is regarding parking facility for vehicles at Pamba and Nilakkal. Along with a memo filed by the learned Senior Government Pleader a report dated 12.09.2024 of the 9th respondent District Police Chief, Pathanamthitta, is placed on record. The 6th respondent Kerala State Road Transport Corporation has filed a counter affidavit dated 17.10.2024, producing therewith Annexure R6(a) note dated 23.07.2024 prepared by its Chairman and Managing Director.
4. Heard the learned Senior Government Pleader for the State and official respondents, the learned Standing Counsel for Travancore Devaswom Board for the Board and its officials, the learned Standing Counsel for KSRTC and the learned Amicus Curiae for Special Commissioner, Sabarimala.
5. As already noticed hereinbefore, DBP No.43 of 2024 was registered suo motu based on the directions contained in the SSCR No.62/2024 9 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :6: order of this Court dated 10.05.2024 in R.P.No.686 of 2022 in W.P.(C)No.30842 of 2019 regarding parking facility for vehicles carrying pilgrims at Nilakkal, Chakkupalam, Triveni and Hilltop during Maasa Poojas and Mandala-Makaravilakku festival seasons. By the order dated 10.05.2024 in R.P.No.686 of 2022 in W.P.(C)No.30842 of 2019, this Court granted permission, as a temporary measure, for the parking of light motor vehicles (motor cars) carrying pilgrims, in the parking grounds at Chakkupalam II and Hilltop, during Maasapoojas, after collecting parking fees using FASTag, subject to the conditions stipulated in paragraph 19 of that order.
6. In paragraph 4 of the affidavit dated 11.11.2024 sworn to by the 4th respondent Chief Police Co-ordinator, [Additional Director General of Police (Head Quarters)], Sabarimala the challenges that have arisen in managing the parking facility at Chakkupalam II and Hilltop during Maasapoojas are pointed out. In the said affidavit, it is stated that following the order allowing parking facilities at Pamba, there has been an unprecedented influx of pilgrims arriving in private vehicles. However, the limited availability of parking grounds has made it challenging to meet the increasing demand for parking. Consequently, this shortage of parking spaces at Pamba has led pilgrims to park along both sides SSCR No.62/2024 10 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :7: of the road leading from Nilakkal to Pamba. Additionally, vehicles are being parked in such a manner as to obstruct already parked vehicles, leading to traffic congestion at Pamba. The limited parking capacity led to disputes between devotees and the police, as demand for parking at Pamba exceeds availability. Due to the slippery terrain, the full capacity of the parking facility could not be utilized. On rainy days, the situation further deteriorates, especially in the parking ground of Chakkupalam II. Hence, the parking capacity of Chakkupalam II is limited to 100 light motor vehicles.
7. In the affidavit dated 11.11.2024, it is stated that on account of the anticipated increase in pilgrim turnout, vehicular traffic to Pamba is expected to intensify, leading to further congestion due to limited parking availability. Further, during the Mandala-Makaravilakku festival season, additional space is required at Hilltop for the parking of KSRTC buses, to ensure seamless Nilakkal-Pamba chain service. Additional space is required for emergency vehicles of Police, Fire and Rescue, ambulances and breakdown assistance vehicles. In addition to that, goods carriers are also temporarily halted at this area for unloading goods, limiting Hilltop parking area to 300 light motor vehicles.
SSCR No.62/2024 11 / 17DBP No.43 of 2024 & SSCR No.62 of 2024 :8:
8. In the affidavit dated 11.11.2024, it is pointed out that Nilakkal base camp has a parking capacity for approximately 8,000 vehicles. Separate enclosures are marked at Nilakkal for vehicles from different states to facilitate convenience for pilgrims. The parking capacity of Ground No.7, 13 and 15 are enhanced to accommodate more vehicles. The vehicle parking capacity of each parking ground is given below:
Sl.No. CAPACITY TYPE OF VEHICLE
GROUND - 1 450 MMV/HMV
GROUND - 2 390 LMV/MMV
GROUND - 3 525 MMV
GROUND - 4 325 MMV
GROUND - 5 350 MMV
GROUND - 6 350 LMV
GROUND - 7 500 HMV
GROUND - 8 365 LMV/MMV
GROUND - 9 180 LMV
GROUND - 10 215 LMV/MMV
GROUND - 11 325 LMV/HMV
GROUND - 12 350 LMV/HMV
GROUND - 13 475 LMV/HMV
GROUND - 14 365 LMV/HMV
GROUND - 15 700 LMV/HMV
GROUND - 16 415 LMV/HMV
GROUND - 17 175 LMV/HMV
Road Side Parking 850 LMV/HMV
TOTAL 7305
9. In the affidavit dated 11.11.2024, it is stated that the previous policy allowing light motor vehicles having capacity up to 15 seats to transport pilgrims to Pamba for drop-off and pickup, SSCR No.62/2024 12 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :9: along with the public transportation provided by KSRTC, proved effective in controlling traffic flow and alleviating congestion at Pamba. In the higher-level meeting convened to provide pilgrim support facility during Mandala-Makaravilakku season, Travancore Devaswom Board requested for parking at Pamba during Mandalam season also subject to permission of this Court. If the Court so decides, parking can be done at Chakkupalam II and Hilltop on first come first serve basis and the Police may be given the power to regulate parking at these parking grounds in an appropriate manner.
10. In the counter affidavit dated 17.10.2024 filed on behalf of KSRTC in SSCR No. 62 of 2024, it is pointed out that minimum 350 mtr. space from Triveni to Hilltop will have to be exclusively provided for parking KSRTC buses for Nilakkal-Pamba chain service, otherwise it will adversely affect uninterrupted movement of vehicles.
11. The learned Standing Counsel for Travancore Devaswom Board would point out that parking space for parking 10 KSRTC buses for Nilakkal-Pamba chain service has already been marked from Triveni to Hilltop area. KSRTC buses are also parked in KSRTC Bus Station, Pamba.
12. Having considered the pleadings and materials on SSCR No.62/2024 13 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :10: record and also the submissions made at the Bar, we deem it appropriate to issue the following directions;
(i) As sought for by the Travancore Devaswom Board, permission is granted as a temporary measure, for the parking of light motor vehicles (motor cars) carrying pilgrims, in the parking grounds at Chakkupalam II and Hilltop, during Mandala-Makaravilakku festival season of 1200ME (2024-25), initially for a period of two weeks from 15.11.2024, after collecting parking fees using FASTag. No motor car without FASTag shall be permitted parking in the parking grounds at Chakkupalam II and Hilltop. Vehicles of Devaswom staff, employees, Kuthaka holders, etc., shall not be permitted parking in the parking grounds at Chakkupalam II and Hilltop. The emergency vehicles of Police, Fire and Rescue, ambulances and breakdown assistance vehicles shall be parked at Hilltop, only at the identified area.
(ii) KSRTC buses (10 buses at a time) for Nilakkal-Pamba chain service shall be parked at the identified area from Triveni to Hilltop, in addition to the parking area at KSRTC Bus Stand, Pamba. In case there is any additional requirement of parking space for KSRTC buses at Hilltop, such request shall be considered in a joint meeting of the Chief Police Co-ordinator, Sabarimala, the District Police Chief, Pathanamthitta, the District Collector, Pathanamthitta, the Executive Engineer, Sabarimala Development Project and the Special Commissioner, Sabarimala, convened online, and the decision taken thereon shall be brought to the notice of this Court by way of a report filed by the Special Commissioner, Sabarimala. SSCR No.62/2024 14 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :11:
(iii) The Travancore Devaswom Board shall earmark the parking slots at Chakkupalam II and Hilltop, for the parking of light motor vehicles (motor cars) carrying pilgrims, in consultation with the Chief Police Co-ordinator, Sabarimala, the District Police Chief, Pathanamthitta, the District Collector, Pathanamthitta, who is the Chairperson of the District Disaster Management Authority, the Executive Engineer, Sabarimala Development Project and also the Special Commissioner, Sabarimala. The parking slots in the parking ground at Hilltop shall be earmarked without causing any obstruction for to and fro movement of vehicles and after excluding the area specified for the parking of emergency vehicles and KSRTC chain service buses at Hilltop and also the area identified for temporary halt of goods carriages for unloading goods.
(iv) The prohibition in the orders of this Court regarding parking of vehicles on the roadside, which is absolute, cannot be permitted to be flouted by any motor vehicle, including motor vehicles exhibiting 'authorised' or 'unauthorised' nameboards and emblems. The police and the Enforcement Officers in the Motor Vehicles Department shall take stringent action against the vehicles coming to Sabarimala, which is a 'Special Security Zone', exhibiting unauthorised nameboards, beacon lights and flashlights by initiating prosecution.
(v) It would be open to the District Collector, Pathanamthitta, who is the Chairperson of the District Disaster Management Authority to impose any restrictions regarding parking of motor cars in the parking grounds at Chakkupalam II and Hilltop, in exercise of the powers under the Disaster Management Act, 2005, in case the situation SSCR No.62/2024 15 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :12: warrants.
(vi) It would also be open to the Chief Police Co-Ordinator, Sabarimala, in consultation with the District Police Chief, Pathanamthitta, the District Collector, Pathanamthitta, the Executive Engineer, Sabarimala Development Project and the Special Commissioner, Sabarimala to impose any temporary restrictions regarding parking of motor cars in the parking grounds at Chakkupalam II and Hilltop, in case the situation warrants. Any issues in connection with the parking of vehicles in the parking grounds at Chakkupalam II and Hilltop shall be brought to the notice of this Court by the Travancore Devaswom Board, the Chief Police Co- ordinator, Sabarimala or the Special Commissioner, Sabarimala, by filing reports, which shall be listed immediately before the Devaswom Bench for appropriate orders.
(vii) Since only limited parking facilities are available at Chakkupalam II and Hilltop, the Police and the officials of the Travancore Devaswom Board shall take necessary steps to ensure that motor cars carrying pilgrims are not parked in Chakkupalam II and Hilltop in such a manner as to obstruct the already parked vehicle, leading to traffic congestion at Pamba.
(viii) The pilgrims shall be informed at regular intervals, through the public address system at Pamba and Nilakkal, as to the availability parking slots at Chakkupalam II and Hilltop, and also the prohibition in parking vehicles on the side of the road from Nilakkal to Pamba, so as to enable them to park their vehicles at the parking grounds at Nilakkal.
(ix) Travancore Devaswom Board through its officials shall SSCR No.62/2024 16 / 17 DBP No.43 of 2024 & SSCR No.62 of 2024 :13: regulate the parking of vehicles in the parking grounds at Nilakkal (17 in number) appropriately, in order to prevent parking of vehicles obstructing the movement of the already parked vehicles.
List these matters for further consideration on 18.11.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE RPR 12-11-2024 /True Copy/ Assistant Registrar SSCR No.62/2024 17 / 17 ANNEXURE IN SSCR.NO.62/2024 ANNEXURE R6(a) TRUE COPY OF THE NOTE PREPARED BY THE CHAIRMAN AND MANAGING DIRECTOR OF THE KSRTC DATED 23-07-2024 12-11-2024 /True Copy/ Assistant Registrar