Sivadasan vs State Of Kerala
2021 Latest Caselaw 5198 Ker

WP(C).No.3449 OF 2021(S)        -1-

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                       WP(C).No.3449 OF 2021(S)


PETITIONER/S:

                SIVADASAN
                AGED 54 YEARS
                S/O BALAKRISHNAN,
                PLAMTHUNDIL VEEDU, KADAMBANADU NORTH(PO),
                ADOOR TALUK,
                PATHANAMTHITTA DISTRICT.

                BY ADV. SRI.B.BIPIN

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE CHIEF SECRETARY TO THE
                GOVERNMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHPAURAM-695001.

      2         THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT
                DEPARTMENT OF HOME,
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      3         THE SECRETARY TO THE
                GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM-695001.

      4         THE DIRECTOR GENERAL OF POLICE
                POLICE HEADQUARTERS,
                VAZHUTHACADU,
                THIRUVANANTHAPURAM, PIN- 695 014.

      5         THE DISTRICT COLLECTOR
                COLLECTORATE,
                PATHANAMTHITTA,
                PATHANAMTHITTA DISTRICT, PIN-689645.
 WP(C).No.3449 OF 2021(S)     -2-

      6      THE TAHSILDAR
             TALUK OFFICE, MINI CIVIL STATION, KOZHENCHERY,
             PIN-689641.

      7      THE VILLAGE OFFICER
             VILLAGE OFFICE,
             KOZHENCHERY, PIN-689641.

      8      THE DISTRICT POLICE CHIEF
             PATHANAMTHITTA, PIN-689645.

      9      THE STATION HOUSE OFFICER
             ARANMULA POLICE STATION,
             ARANMULA (PO),
             PATHANAMTHITTA DISTRICT, PIN-689533.

      10     KOZHENCHERY GRAMA PANCHAYAT
             PANCHAYAT OFFICE,
             KOZHENCHERY (PO), PIN-689641.
             PATHANAMTHITTA DISTRICT,
             REPRESENTED BY ITS SECRETARY.

      11     MAR THOMA EVANGELISTIC ASSOCIATION
             MALANKARA MARTHOMA SYRIAN CHURCH,
             THIRUVALLA, PIN-689101.
             REPRESENTED BY ITS GENERAL SECRETARY.

      12     THE GENERAL SECRETARY
             MAR THOMA EVANGELISTIC ASSOCIATION,
             MALANKARA MARTHOMA SYRIAN CHURCH,
             THIRUVALLA, PIN-689101.


             SRI. TEK CHAND SR GP AND SRI. SURIN GEORGE IPE SR
             GP FOR R1 TO R9,

             SRI.K.SHAJ FOR R10,

             SRI. GEORGE CHERIAN(SR) AND SMT. LATHA SUSAN
             CHERIAN FOR R11 AND R12

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3449 OF 2021(S)                -3-




                                 JUDGMENT

Dated this the 12th day of February, 2021

S. Manikumar, C. J.

On 10.02.2021, we passed the following order:-

"Petitioner has sought for a declaration that, the respondents are duty bound to limit the number of participants in the Maramon Convention, to be held at the banks of the Pampa river at Kozhenchery, from 14.02.2021 to 21.02.2021, and also duty bound to avoid any chance of mass gathering, unauthorized entry, chance of spreading of Covid-19 infection among the participants, and violation of social distancing at the said religious congregation place.

2. Petitioner has sought for a mandamus, directing the respondents to limit the number of participants in the Maramon Convention, to be held at the banks of the Pampa river at Kozhenchery, from 14.02.2021 to 21.02.2021, in terms with the permission granted by the district/local/Government and police authorities.

3. Petitioner has also sought for a mandamus, directing the respondents to avoid any chance of mass gathering, unauthorized entry, chance of spreading of Covid-19 infection among the

participants in the Maramon Convention site, and violation of social distancing at the said religious congregation place.

4. Short facts leading to filing of the writ petition are as hereunder:-

Petitioner, who claims to be a social worker and a public spirited person, is a local resident of Kadambanadu Grama Panchayat, Pathanamthitta District. According to the petitioner, he is highly aggrieved by the preparations made by the Mar Thoma Evangelistic Association, Malankara Marthoma Syrian Church, Thiruvalla and the General Secretary, Mar Thoma Evangelistic Association, Malankara Marthoma Syrian Church, Thiruvalla, respondents 11 and 12 respectively, to conduct a mass congregation under the name 'Maramon Convention' at the banks of the Pampa river at Kozhenchery, in violation of the Kerala Epidemic Diseases Order, promulgated by the State, and in violation of the restrictions, imposed by the State government.

Petitioner submitted that, for the past several decades, respondents 11 and 12 have been conducting an yearly mass congregation, under the name 'Maramon Convention', at the banks of the Pampa river at Kozhenchery. Lakhs and lakhs of devotes have been participating in the said event. Despite Covid-19 pandemic, and the restrictions imposed by the government in convening mass gathering and public functions, respondents 11 and 12 decided to conduct the yearly Maramon Convention, at the banks of the Pampa river at Kozhenchery, in a large scale manner, by permitting large number of devotees. Even though, permission was sought for to permit 200 persons per day, arrangements have made by respondents 11 and 12, for the physical participation of

more than ten thousands of devotees, at a time. The present attempt of the respondents 11 and 12, is to permit maximum number of devotees for the congregation, and to break the restriction of the meetings of the public, on account of the surge in Covid-19 cases.

Petitioner further submitted that, now, the State of Kerala is reporting the highest number of Covid-19 patients, both under treatment and fresh infections per day, in the country. The Covid-19 infections at the Pathanamthitta district is also at a higher rate, compared to previous couple of months, and that, the test positivity rate of the Covid-19 cases at Pathanamthitta district, is also at a higher side. If the respondents 11 and 12 are permitted to conduct the annual Maramon Convention of this year, which is scheduled to be commenced from 16.02.2021, by participating ten thousands of devotees per day, under the guise of the permission for 200 devotees, for the participation in the said religious event, there is eminent threat to the safety of other people, not only in the district, but the whole State, i.e, the threat of public outbreak of Covid-19 pandemic is imminent in such an event, since lakhs of devotes are coming, not only from the entire part of the State, but also from other States. Petitioner also submitted that, the respondents have taken no steps to restrict the entry into the Maramon Convention Centre, by issuing any pass or prior permission, and that, the respondents 11 and 12 can conduct the Maramon Convention of this year, in the midst of the worst pandemic situation, by permitting to participate a limited number of devotees and clergies in the event, and by telecasting the event through online platforms.

Petitioner contended that, the officials are not taking any steps to ensure that, the respondents 11 and 12 have taken steps, to

limit the number of participants in the said event, within the permitted limits.

In the above circumstances, petitioner has filed a representation dated 07.02.2021 before respondents 5, 8 to 10, requesting them to take appropriate steps to ensure that, the respondents 11 and 12 will not violate the permission granted, in limiting the number of the participants in the Maramon Convention, and to avoid the chance of Covid-19 infection, by screening the participants, and to limit the number of persons by issuing pass etc. However, it is alleged that, official respondents are not taking any steps pursuant to Ext. P3 representation dated 07.02.2021 of the petitioner, on account of the influence of respondents 11 and 12. Being aggrieved, instant writ petition is filed.

5. Mr. Tek Chand, learned Senior Government Pleader, takes notice for respondents 1 to 9. Mr. Bipin B., learned counsel for the petitioner, is permitted to take notice on respondents 10 to 12 by special messenger, returnable on 12.02.2021. Let the pleadings be enclosed along with the notice to be served on respondents 10 to 12.

Mr. Tek Chand, learned Senior Government Pleader, is directed to produce the latest Standard Operating Procedure for Covid - 19, issued both by the Central and State Governments, as well as the instructions issued as on today."

2. Reverting, Mr. Tek Chand, learned Senior Government

Pleader has submitted the instructions furnished by the District

Collector, Alappuzha, which reads thus:-

"The Maramon Convention, one of the largest Christian convention in Asia, is held at Maramon, Pathanamthitta, Kerala, India annually in February. The traditional venue of the 125 year old Christian convention on the river bank of Pampa. It is organised by the Malabar Mar Thoma Evangelistic Association. This year the organisers has informed that 126 th session of the Maramon Convention is scheduled to be held from 14 th February 2021 to 21st February 2021.

Pathanamthitta is home to a large number of ancient religious centres and is considered as the pilgrimage headquarters of Kerala. Major religious conventions like Cherukolpuzha, Maramon, Makkamkunnu, Kariyamplavu to be held every year in this district. The district administration will take necessary steps to support and ensure the smooth conduct of the programme with the support of all the field departments by taking care the various operational issues in and around. In this regard it is submitted that the Makkam kunnu convention already held and the Cherukolpuzha convention is ongoing under the strict compliance of Covid protocol. It is a fact that in previous years, thousands of devotees have been participating all these convention. This year all the convention already held done by imposing the Covid protocol.

The organisors of Maramon Convention had requested to the district administration to conduct the event by permitting 200 persons per day. As per the Government directives under the GO(rt) No.10/2021/DMD dated 04/01/2021, Phase 5 unlocking of general lock down, it has been permitted the maximum number of people who will be permitted for religious festivals, cultural programmes, artistic performance is 100 persons for indoor venues and 200 persons for out door venues. The health department prepared

detailed guidelines vide No.4/31//F2/H&FWD dated 4 th January 2021, pertaining to the relaxations.

District collector himself conducted two meetings on 15 th January 2021 and 10th February 2021 with all concerned for the Maramon convention. In all meetings strict direction were given to the organisors and departments with measures to prevent transmissions of COVID 19. It is also submitted that Sectoral Magistrates were posted by the district administration in each panchayat for ensuring the compliance of COVID protocols. Also the Police, Health and Local Administration are monitoring all the event under the district to prevent the transmission of COVID.

In the light of above meeting minutes, it is submitted that the respondents made all the possible preparations to conduct the "Maramon Convention" at the banks of the Pampa river. Hence it is clear that there is all possible measures taken for the Kerala Epidemic diseases Order promulgated by the State and in no violation of restrictions imposed by the State Government."

3. Mr. Tek Chand, learned Senior Government Pleader, invited

the attention of this Court to the Government Order, G. O. (Rt) No.

10/2021/DMD dated 04.01.2021, by which the Disaster Management

Department has issued orders regarding Covid - 19 Phase 5 unlocking

of general lock down, and extension of lock down in containment

zones, which reads thus:-

4. He also invited the attention of this Court to the advisory for

performance of artists and programmes (indoor and outdoor), in the

context of Covid - 19 dated 04.01.2021, which is extracted

hereunder:-

5. According the learned Senior Government Pleader, as per

G. O. (Rt) No. 10/2021/DMD dated 04.01.2021, the maximum

number of people permitted for religious festivals, cultural

programmes, artistic performances etc., will be restricted to 100

persons for indoor, and 200 persons for outdoor venues.

6. As regards the conduct of the abovesaid convention, he

further stated that, there was a meeting of the organizers and other

Government Officials from Police, Excise, PWD and such other

departments was convened, at the end of January, as well as in

February, to ensure that, all the guidelines / advisories / protocol, as

regards Covid - 19, and in particular, conduct of indoor and outdoor

programmes, are strictly followed, and in the abovesaid meeting, the

organizers, have undertook that, they would follow the Covid - 19

guidelines / advisories / protocol, in letter and spirit.

7. Mr. George Cherian, learned Senior Counsel appearing for

respondents 11 and 12 submitted that, all the details of the participants

in the convention would be registered, thermal screening and social

distancing would be maintained, and all the advisories / guidelines /

protocol regarding Covid - 19, issued by the State / Central

Governments, will be followed in letter and spirit.

8. Mr. George Cherian, learned Senior Counsel appearing for

respondents 11 and 12, is also agreeable for appropriate action, against

respondents 11 and 12, if any violation of advisories / guidelines /

protocol, relating to Covid - 19, and in particular, conduct of indoor

and outdoor venues, is noticed by the officials.

9. Placing on record the above submissions, liberty is given to

the official respondents to seek for a copy of the register, if so

required, for the purpose of monitoring, and to take suitable measures,

for complying with the abovesaid Covid - 19 protocol, in all respects.

It is also significant to note that, in a meeting held in the

Chairmanship of the Minister for Water Resources on 15.01.2021, the

organizers of the Maramon Convention has undertaken various

aspects, with regard to the protocol to be followed, issued by the

Government, in view of the Covid - 19 pandemic. As per the minutes

of the meeting, it is also evident that, strict instructions are issued to

various departments of the Government, to carry out the duties

entrusted. Therefore, it is for the organizers, to abide by the

undertaking made in the said meeting, and it is for the officers of the

Government Departments, to discharge their duties, that are prescribed

as per the meeting held on 15.01.2021.

With the above directions, writ petition is disposed of.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P.CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING MASS PARTICIPATION OF DEVOTES.

EXHIBIT P1(A) TRUE COPY OF THE PHOTOGRAPHS OF STALLS IN THE PILGRIMS CENTRE AT MARAMON CONVENTION CENTRE DURING THE PREVIOUS YEAR.

EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE SKELTON TEMPORARY STRUCTURE OF THE MARAMON CONVENTION VENUE.

   EXHIBIT P3         TRUE COPY OF THE REPRESENTATION
                      SUBMITTED BEFORE RESPONDENTS 5, 8 TO