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Kerala High Court
Travancore Devaswom Board vs P.Prasannakumar on 10 May, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran, N.Nagaresh
1
R.P.No.686 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
R.P.NO.686 OF 2022
AGAINST THE JUDGMENT DATED 19.11.2019 IN W.P.(C)NO.30842 OF
2019 OF THE HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 3 & 4 IN W.P.(C):
1 TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM - 695003,
REPRESENTED BY ITS SECRETARY.
2 THE COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM - 695003.
BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
RESPONDENTS/PETITIONER IN W.P.(C) & RESPONDENTS 1, 2 & 5:
1 P.PRASANNAKUMAR
AGED 58 YEARS, S/O S. PADMANABHA PILLAI,
NAVANEETHAM, NADUVATTOM (P.O.), PALLIPADU,
ALAPPUZHA DISTRICT-690 512.
2 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT,
2
R.P.No.686 of 2022
THIRUVANANTHAPURAM - 695 001.
4 THE HIGH POWER COMMISSION,
TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY, OFFICE OF THE HIGH POWER COMMISSION,
NANTHANCODE, THIRUVANANTHAPURAM - 695 003.
5 ADDL.R5: THE SECRETARY TO GOVERNMENT
FOREST AND WILD LIFE, SECRETARIAT, TRIVANDRUM -
695001
6 ADDL.R6: THE PRINCIPAL CHIEF CONSERVATOR OF
FOREST
FOREST HEAD QUARTERS, VAZHUTHACADU, TRIVANDRUM -
695003.
ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED
10.11.2022 IN IA 1/2022 IN RP.NO.686/2022 IN WPC
NO. 30842/2019.
7 ADDL.R7. THE DISTRICT COLLECTOR,
PATHANAMTHITTA PIN- 689645
8 ADDL.R8.THE DISTRICT POLICE CHIEF
THAZHEVETTIPRAM, PATHANAMTHITTA, PIN - 689645
* ARE SUO MOTU IMPLEADED AS ADDL.RESPONDENT NOS.7
& 8 AS PER ORDER DATED 04.04.2024 IN RP
NO.686/2022 IN WP(C)NO.30842/2019.
BY ADVS.
C.S.MANILAL
ADVOCATE GENERAL OFFICE KERALA
SHRI.N.MANOJ KUMAR, STATE ATTORNEY()
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
R.P.No.686 of 2022
ORDER
Anil K. Narendran, J.
The Travancore Devaswom Board represented by its Secretary and the Devaswom Commissioner, who were arrayed as respondents 3 and 4 in W.P.(C)No.30842 of 2019 have filed this review petition, invoking the provisions under Order XLVII Rule 1 of the Code of Civil Procedure, 1908, seeking review of the judgment of this Court dated 19.11.2019 in that writ petition, which was one filed by the 1st respondent herein, pointing out the grievances of the pilgrims against the restrictions on entry of private vehicles carrying pilgrims to Sabarimala from Nilakkal to Pamba. That writ petition along with the connected matter, i.e., W.P.(C)No.31056 of 2019, were disposed of by the judgment dated 19.11.2019, whereby it was ordered that light motor vehicles up to 15 seat capacity carrying Sabarimala pilgrims shall be permitted to enter up to Pamba for the purpose of dropping the pilgrims. The drivers of the vehicles concerned shall take back the vehicles to Nilakkal for parking immediately, after dropping the pilgrims. When the pilgrims reach Pamba after darshan, upon passing such information, the drivers of the vehicles concerned 4 R.P.No.686 of 2022 shall be permitted to re-enter solely to bring back the pilgrims. In the judgment dated 19.11.2019, it was made clear that the said direction will be applicable to three wheelers, but not to two wheelers, and that the judgment shall not be taken as a permission to park vehicles on the roadside from Nilakkal to Pamba. In case any vehicle permitted to go beyond Nilakkal is seen parked on the roadside, it will be open to the police to take appropriate action and take back such vehicles from there to Nilakkal.
2. In this review petition, it is pointed out that the judgment dated 19.11.2019 to extent of prohibiting parking of private vehicles in the parking grounds at Pamba, Chakkupalam and Triveni is causing great inconvenience and difficulties to the devotees. The prohibition on the entry of private vehicles beyond Nilakkal made earlier by Ext.P1 judgment dated 01.11.2018 in W.P.(C)No.31125 of 2018 and connected matters was on account of the changed ground level circumstances at Pamba after the 2018 flood. It will take considerable time to provide complete infrastructural facilities for the Base Camp at Nilakkal, as per the Master Plan for Sabarimala.
5R.P.No.686 of 2022
3. In this review petition, the learned Standing Counsel for Travancore Devaswom Board has placed on record a compact disk containing video clippings of the parking grounds at Chakkupalam I and II and that at Hilltop and another video clipping of the road leading from Nilakkal to Pamba. The video clippings were viewed in open Court, on 29.09.2022. Thereafter, this Court conducted an inspection of the parking grounds at Nilakkal, Chakkupalam I and II and Hilltop on 16.10.2022. Thereafter, the District Collector, Pathanamthitta, who is the Chairperson of the District Disaster Management Authority, has filed affidavits explaining the facts and circumstances. The District Police Chief, Pathanamthitta has also filed affidavits pointing out various aspects regarding the parking of vehicles at the parking grounds at Chakkupalam I and II and Hilltop.
4. The Special Commissioner, Sabarimala has filed SSCR No.9 of 2019 regarding the remedial measures to be taken to revive/rebuilt Pamba river and its banks in the river stretch 'Chakkupalam-Pamba-Triveni-Njunangar Bridge', which is essential for Sabarimala pilgrimage. By the order dated 09.01.2024 of the Devaswom Bench, Registry was directed to list 6 R.P.No.686 of 2022 that SSCR on 10.01.2024, along with this review petition. Thereafter, by the order dated 06.03.2024, this Court directed the Travancore Devaswom Board, through its Maramath Wing, to clear the undergrowth at Chakkupalam II and to level the debris to the extent possible, under the direct supervision of a competent officer deputed by the Deputy Director, Periyar Tiger Reserve (West Division) and the Divisional Forest Officer, Ranni. The affidavit sworn to by the Secretary of the Travancore Devaswom Board, after clearing the undergrowth and leveling the land to the extent possible, was directed to be placed on record along with the photographs of the parking ground at Chakkupalam II.
5. After clearing the debris from the parking ground at Chakkupalam II, an affidavit on behalf of the Travancore Devaswom Board has been placed on record, producing therewith Annexure A report dated 20.01.2024 of the Executive Engineer, Sabarimala Development Project. By the order dated 04.04.2024, the learned State Attorney was directed to get instructions from the additional 7th respondent District Collector and the additional 8th respondent District Police Chief as to whether parking of motor cars can be permitted at Chakkupalam II, during Maasa poojas, 7 R.P.No.686 of 2022 after collecting parking fee through FASTag scanning point at Nilakkal.
6. On 12.04.2024, when this review petition along with SSCR came up for consideration, the learned State Attorney submitted that as per the instructions received from the additional 8th respondent District Police Chief, about 250 motor cars can be parked at Chakkupalam II. The learned State Attorney sought three weeks' time to get instructions from the additional 7 th respondent District Collector.
7. By the order dated 12.04.2024, this Court directed the Travancore Devaswom Board, through its Maramath Wing, to clear the undergrowth in Hilltop parking ground and level the debris, if found necessary, under the supervision of a competent officer deputed by the Deputy Director, Periyar Tiger Reserve (West Division) and the Divisional Forest Officer, Ranni. The affidavit sworn to by the Secretary of the Travancore Devaswom Board, after clearing the undergrowth and leveling the land to the extent possible, was directed to be placed on record along with the photographs of the parking ground. After the Board clearing the undergrowth and levelling the debris, the additional 7th respondent 8 R.P.No.686 of 2022 District Collector and the additional 8th respondent District Police Chief were directed to submit reports before this Court regarding the number of vehicles that can be parked in Hilltop parking ground, without obstructing to and fro movement of vehicles through that parking ground and also the parking of KSRTC buses for transporting pilgrims from Pamba to Nilakkal.
8. Along with a memo dated 09.05.2024 of the learned Government Pleader, the written instructions dated 09.05.2024 of the additional 7th respondent District Collector, Pathanamthitta is placed on record, wherein it is stated that parking of approximately 200 light motor vehicles is feasible at the parking ground at Chakkupalam II, considering the safety concerns regarding the sand deposited near the road. A total 500 light motor vehicles can be parked in the parking ground at Hilltop, i.e., 400 vehicles in the Lower Hilltop, 50 vehicles in the Middle Hilltop and 50 vehicles in the Upper Hilltop, with proper safety measures. In the written instructions, it is stated that it is imperative to periodically inspect the parking grounds to ensure ongoing safety due to potential changes in the terrain.
9. On behalf of the Travancore Devaswom Board, the 9 R.P.No.686 of 2022 Secretary of the Board has sworn to an affidavit dated 10.05.2024, producing therewith Annexure D photographs of the parking ground at Hilltop, after clearing the undergrowth and leveling the debris. In the affidavit, it is stated that about 550 light motor vehicles can be parked at Hilltop, excluding the area earmarked for parking KSRTC buses, which are being parked from the petrol pump to 350 meters towards the Hilltop side. At Chakkupalam II, the earth dumped in the parking ground on the boundary of Pamba-Chalakayam Road has to be protected by 'geotextile' to prevent soil erosion. Along with the affidavit, Annexure E report dated 09.05.2024 of the Executive Engineer, Sabarimala Development Project is placed on record, wherein it is stated that for collecting parking fee using FASTag, separate FASTag scanners have to be installed at the entry points of the parking grounds at Chakkupalam II and Hilltop. In the affidavit, it is stated that the parking ground at Chakkupalam I also could be restored, as in the case of Chakkupalam II, for providing parking facilities to the pilgrims.
10. Heard the learned Standing Counsel for Travancore Devaswom Board, the learned counsel for the 1st respondent, the 10 R.P.No.686 of 2022 learned State Attorney for respondents 2, 3 and additional respondents 5 to 8 and also the learned Senior Counsel for the 4th respondent High Power Committee for implementation of Sabarimala Master Plan.
11. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk.
12. Sabarimala is a prominent pilgrim centre in Kerala, where lakhs of pilgrims trek the rugged terrains of the Western Ghats to have darshan of Lord Ayyappa. Pamba Ganapathy Temple also comes under the Travancore Devaswom Board, which is a holy spot on the way from Pamba to Sannidanam, dedicated to Lord Ganesha, where the pilgrims offer prayer for safe trekking to Sannidanam. Sabarimala Sree Dharma Sastha Temple is situated inside Periyar Tiger Reserve.
11R.P.No.686 of 2022
13. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly;
(iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.
14. Under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, the Board is duty bound to see that regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to 12 R.P.No.686 of 2022 monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board shall arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage.
15. Sabarimala is declared a Special Security Zone. The management of the Virtual-Q system for Sabarimala darshan is governed by the directions contained in the order of this Court in Suo Motu v. Travancore Devaswom Board [2022 (7) KHC SN 5 : 2022:KER:20733]. In the said order, this Court noticed that Sabarimala is situated in a difficult forest terrain prone to natural disasters. Unlike other temples in Kerala, Kerala Police is responsible for crowd management and maintenance of law and order in Sabarimala during festival seasons and monthly poojas. In terms of the said order, verification of Virtual-Q tickets and other related matters are the responsibilities of the Kerala Police, as part of crowd management. For effective crowd management during festival seasons and also Maasa poojas the Kerala Police should have access to the database in Virtual-Q system. 13 R.P.No.686 of 2022 When specific threat inputs have been received in respect of Sabarimala Temple, the Kerala Police will have to take preventive action after screening and verifying the database.
16. In terms of the directions contained in the order of this Court dated 15.11.2022 in SSCR No.23 of 2022 and DBP No.70 of 2022, if vehicular traffic in Pamba exceeds the available capacity, then the police shall manage the traffic by 'hold and release' mechanism, with prior intimation to the District Collector, Pathanamthitta and the Special Commissioner, Sabarimala. In that order, it was made clear that, in case any vehicle is seen parked on the roadside, from Nilakkal to Pamba, the police and the Enforcement Wing of the Motor Vehicles Department shall take appropriate action against the owner and driver of that vehicle and take back that vehicle from there to Nilakkal.
17. In Suo Motu v. State of Kerala [2023 4 KHC SN 11 :
2023:KER: 26434] this Court held that the prohibition regarding parking of vehicles on the roadside from Nilakkal to Pamba is absolute, which 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 14 R.P.No.686 of 2022 Vehicles Department are directed to 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.
18. In terms of the directions contained in the orders of this Court dated 06.03.2024 and 12.04.2024 in this review petition, the Travancore Devaswom Board has cleared the undergrowth at the parking grounds at Chakkupalam II and Hilltop and levelled the land, which is evident from the photographs placed on record. As per the written instructions dated 09.05.2024 of the additional 7th respondent District Collector, Pathanamthitta, parking of approximately 200 light motor vehicles is feasible in the parking ground at Chakkupalam II and 500 light motor vehicles can be parked in the parking ground at Hilltop, i.e., 400 vehicles in the Lower Hilltop, 50 vehicles in the Middle Hilltop and 50 vehicles in the Upper Hilltop.
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 15 R.P.No.686 of 2022 the parking grounds at Chakkupalam II and Hilltop, during Maasa Poojas, 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 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 16 R.P.No.686 of 2022 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, 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- 17 R.P.No.686 of 2022 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 Mandala-Makaravilakku 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 18 R.P.No.686 of 2022 arrayed as the respondents.
21. A copy of this order shall form part of that DBP. Registry to issue a complete set of that DBP to the learned Standing Counsel for Travancore Devaswom Board, the learned Senior Government Pleader, the learned Special Government Pleader (Forest) and also the learned Amicus Curiae for Special Commissioner, Sabarimala.
In the result, this review petition is disposed of in terms of the directions contained in hereinbefore at paragraph 19.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
N. NAGARESH, JUDGE MIN 19 R.P.No.686 of 2022 APPENDIX OF RP 686/2022 PETITIONER ANNEXURES ANNEXURE-A TRUE COPY OF THE REPORT NO.907 DATED 20.01.2024 OF THE ASSISTANT ENGINEER, PAMBA ANNEXURE-B TRUE COPY OF THE REPORT NO.SDP/E/P-
06/2024 DATED 20.03.2024 SUBMITTED BY THE
EXECUTIVE ENGINEER, SABARIMALA
DEVELOPMENT PROJECT TO THE CHIEF
ENGINEER, TRAVANCORE DEVASWOM BOARD
REGARDING THE COMPLETION OF RESTORATION
WORK OF CHAKKUPALAM II PARKING AREA AT
PAMBA
ANNEXURE-C PHOTOGRAPHS SHOWING THE RESTORED
CHAKKUPALAM II PARKING AREA AT PAMBA
ANNEXURE-D PHOTOGRAPHS OF THE PARKING SPACES AT
HILLTOP
ANNEXURE-E TRUE COPY OF THE REPORT NO. SDP/GL-
60/2024 DATED 09.05.2024 OF THE EXECUTIVE
ENGINEER, SABARIMALA DEVELOPMENT PROJECT,
PATHANAMTHITTA FORWARDED TO THE CHIEF
ENGINEER, TRAVANCORE DEVASWOM BOARD