Kerala High Court
Girish Babu G vs The Chief Secretary , Government ... on 1 November, 2021
W. P. (C) No. 14978 of 2016
and connected cases -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
MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
WP(C) NO. 14978 OF 2016
PETITIONER/S:
SUO MOTU
PROCEEDINGS INITIATED ON THE ISSUE OF FIRE WORKS
TRAGEDY IN PUTTINGAL DEVI TEMPLE, PARAVUR, KOLLAM AS
PUBLIC INTEREST LITIGATION
BY SUO MOTU
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE ASSISTANT SOLICITOR GENERAL OF
INDIA
2 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA.
3 THE STATE POLICE CHIEF
KERALA
4 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE
KOLLAM
5 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE
KOLLAM
6 THE ADDITIONAL DISTRICT MAGISTRATE
KOLLAM.
7 THE CITY POLICE COMMISSIONER
KOLLAM
8 THE STATION HOUSE OFFICER
PARAVUR
9 THE DIRECTOR
KERALA STATE POLLUTION CONTROL
BOARD,THIRUVANANTHAPURAM.
10 THE SECRETARY
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM.
11 THE SECRETARY
COCHIN DEVASWOM BOARD, ERNAKULAM.
W. P. (C) No. 14978 of 2016
and connected cases -2-
12 THE SECRETARY
MALABAR DEVASWOM BOARD, KOZHIKODE
13 THE MEMBER SECRETARY IN-CHARGE
KERALA STATE LEGAL SERVICES AUTHORITY, ERNAKULAM.
14 THE CENTRAL BUREAU OF INVESTIGATION
NEW DELHI.
15 ADDL. R15. ANTI CORRUPTION PEOPLE MOVEMENT,
(REG. NO.EKM/TC/245/2013, REPRESENTED BY GENERAL
SECRETARY, T.R. SADANANDA BHAT, S/O.V. RANGANATHA
BHAT, AGED 62 YEARS, 1ST FLOOR, 66/3742, COCHIN
CORPORATION, M.G. ROAD, ERNAKULAM, RESIDING AT FLAT
NO.107, PANAMPILLY APARTMENTS, PANAMPILLY NAGAR,
COCHIN-36.
16 ADDL. R16. DR.SREEKUMAR. R.C.,
AGED 49 YEARS
S/O.RAMACHANDRAN, PRESIDENT, INDIAN MEDICAL
ASSOCIATION, THIRUVANANTHAPURAM BRANCH, IMA BUILDING,
RED CROSS ROAD, THIRUVANANTHAPURAM-695 035.
ARE IMPLEADED AS ADDITIONAL RESPONDENT NOS.15 AND 16
VIDE ORDER DATED 12/04/2016 IN IA.5240/2016 AND
5239/2016.
17 ADDL. R17 NEWSCO @ NATIONAL ENERGY AND WASTE
MANAGMENT MULTIPURPOSE CO-OPERATIVE SOCIETY (KERALA)
LTD.,
REGN. NO.4484/2012, REPRESENTED BY ITS CHIEF PROMOTER
AND CHAIRMAN DESIGNATE C.L. ANTO, DREAM LAND
BUILDING, K.S.R.T.C. ROAD, P.O. CHALAKUDY-680 307,
THRISSUR DISTRICT.
ADDL. R17 IS IMPLEADED AS PER ORDER DATED 14/04/2016
IN IA.5316/2016.
18 ADDL. R18. NATIONAL DISASTER MANAGMENT AUTHORITY,
NDMA BHAVAN, A-1, SAFDAR JUNG ENCLAVE, NEW DELHI-110
029.
19 ADDL. R19. KERALA STATE DISASTER MANAGMENT AUTHORITY,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
20 ADDL. R20. THE DISTRICT DISASTER MANAGEMENT
AUTHORITY,
KOLLAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
IS SUO MOTU IMPLEADED VIDE ORDER DATED 20/05/2016.
21 ADDL. R21. THE MANAGING COMMITTEE OF PARAVUR
PUTTINGAL DEVI TEMPLE DEVASWOM,
REPRESENTED BY ITS SECRETARY, PARAVUR, KOLLAM-691
301.
W. P. (C) No. 14978 of 2016
and connected cases -3-
22 ADDL. R22. SRI.UNNIKRISHNAN NAMBOOTHIRI,
THE THANTHRI OF PARAVUR PUTTINGAL DEVI TEMPLE,
PARAVUR, KOLLAM-691 301.
ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT
NOS.21 AND 22 VIDE ORDER DATED 23/05/2016.
BY ADVS.
SRI.P.S.APPU
GOVERNMENT PLEADER
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
DIRECTOR GENERAL OF PROSECUTION
ASSISTANT SOLICITOR GENERAL
SRI.HARISH GOPINATH
SRI.V.VENUGOPALAN NAIR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. SASTHAMANGALAM S. AJITHKUMAR,
SPL.P.P. FOR C.B.I.
K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
SRI.T.C.SURESH MENON
SRI.ANIL KUMAR K.N. PILLAI, SC, TDB
SRI.K.M.ANEESH
SRI.A.R.NIMOD
SRI.ADARSH KUMAR
SRI.BIJU VARGHESE ABRAHAM
SRI.DILEEP CHANDRAN
SRI.M.R.HARIRAJ
SRI.P.A.KUMARAN
SMT.KRIPA ELIZABETH MATHEWS
SRI.P.KRISHNANKUTTY NAIR KOLLAMALA
SRI.S.M.PRASANTH
SRI.M.R.RAJENDRAN NAIR SR.
SRI.K.RAMAKUMAR SR.
SRI.C.RAJENDRAN
SRI.K.R.RANJITH
SRI.K.RAJAGOPAL
SRI.K.M.SATHYANATHA MENON
SRI.V.M.SYAM KUMAR
SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD
SMT.VINEETHA B.
G.SANTHOSH KUMAR (P).
SMT. P. K. RADHIHA
SRI. A. R. VINOD
T. NAVEEN
SRI. JAGADEESH LAKSHMEN, CGC
SRI. TEK CHAND SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2021, ALONG WITH WP(C).15004/2016, 15008/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 14978 of 2016
and connected cases -4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
WP(C) NO. 15004 OF 2016
PETITIONER/S:
BALU G
AGED 37 YEARS
AGED 37 YEARS, S/O.GOPALAKRISHNAN NAIR, THURUTHEL
MADHOM, PJRRA-G2, POTHUJANAM ROAD, KUMARA PURAM,
MEDICAL COLLEGE.P.O., TRIVANDRUM - 695 011.
BY ADVS.
SRI.A.JAYASANKAR
SRI.ARUN.B.VARGHESE
SRI.JAYKAR.K.S.
SRI.MANU GOVIND
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
TRIVANDRUM - 695 001.
2 THE DISTRICT COLLECTORATE
CIVIL STATION, KOLLAM - 691 013.
3 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, KOLLAM - 691 013.
4 THE COMMISSIONER OF POLICE
KOLLAM - 691 001.
5 THE ASSISTANT COMMISSIONER OF POLICE
CHATHANNUR, KOLLAM - 691 572.
6 SUB INSPECTOR OF POLICE
PARAVUR, KOLLAM - 691 301.
7 THE TAHSILDAR
OFFICE OF THE TAHSILDAR, KOLLAM - 691 001.
8 SRI.P.PRAKASH I.P.S.
COMMISSIONER OF POLICE, KOLLAM - 691 001.
9 SRI.M.S.SANTHOSH
ASSISTANT COMMISSIONER OF POLICE, CHATHANNUR - 691
W. P. (C) No. 14978 of 2016
and connected cases -5-
572.
10 SRI.JUSTIN JOHN
SUB INSPECTOR OF POLICE, PARAVUR, KOLLAM - 691 301.
11 SRI.S.L.SAJIKUMAR
TAHSILDAR, KOLLAM.
12 THE MANAGING COMMITTEE OF PARAVUR POOTTINGAL DEVI
TEMPLE DEVASWOM
REPRESENTED BY ITS SECRETARY, SRI.J.KRISHNANKUTTY
PILLAI, PARAVUR, KOLLAM - 691 301.
13 SMT.ANARKALI
W/O.KRISHNANKUTTY, MALAYANTHEKUZHI VEEDU, VENNICODE,
TRIVANDRUM - 695 318.
14 SRI.UMESH KUMAR
SANTHI NIVAS, KAZHAKOOTTAM, TRIVANDRUM - 695 581.
15 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, THE MINISTRY OF
COMMERCE AND INDUSTRY DEPARTMENT OF- INDUSTRIAL
POLICY & PROMOTION, 72, NEW MOTI BAGH, NEW DELHI -
110 023 ([email protected])
BY ADVS.
SRI.GOVIND K.BHARATHAN (SR.)
SRI.K.SHRI HARI RAO, CGC
SRI. TEK CHAND, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2021, ALONG WITH WP(C).14978/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 14978 of 2016
and connected cases -6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
WP(C) NO. 15008 OF 2016
PETITIONER/S:
GIRISH BABU G.
AGED 40 YEARS
S/O. P.K. GOPALAKRISHNAN, PUNNAKKADAN HOUSE,
CUSAT.P.O., KALAMASSERY, PIN-682022.
BY ADVS.
SRI.P.K.ABOOBACKER(EDAPPALLY)
SRI.V.M.MOHAMMED SHERIF
RESPONDENT/S:
1 THE CHIEF SECRETARY , GOVERNMENT OF KERALA
THIRUVANANTHAPURAM, PIN-695001.
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM, PIN-695014.
BY ADV SRI. TEK CHAND, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2021, ALONG WITH WP(C).14978/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 14978 of 2016
and connected cases -7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
WP(C) NO. 18575 OF 2016
PETITIONER/S:
P K VIDYASAGAR
AGED 60 YEARS
S/O.KUTTAN, AGED 60 YEARS, PUTHENPURAYIL HOUSE,
ATHANI P.O., ALUVA MUNICIPALITY, NEDUMBASSERY,
ERNAKULAM DISTRICT. (SECRETARY OF ALL KERALA ATHEIST
FORUM, HAVING REGISTERED OFFICE AT 453/11,
CHENGAMANAD POST, ERNAKULAM.
BY ADVS.
SMT.PRABHA R.MENON
SRI.R.MANOJ
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME, NEW
DELHI.
2 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, STATE
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
3 THE DIRECTOR GENERAL OF POLICE,
ALUVA, HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM
- 695 001.
4 THE DISTRICT COLLECTOR
(REVENUE DIVISIONAL OFFICER), KOLLAM - 691 001.
5 THE COMMISSIONER OF POLICE
KOLLAM - 691 001.
6 THE ASSISTANT COMMISSIONER OF POLICE
KOLLAM - 691 301.
7 THE CIRCLE INSPECTOR OF POLICE
PARAVUR, KOLLAM - 691 301.
8 THE SUB INSPECTOR OF POLICE
PARAVUR - 691 301.
W. P. (C) No. 14978 of 2016
and connected cases -8-
9 THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS SUPERINTENDENT, KADAVANTHRA,
ERNAKULAM - 682 020.
10 THE ADDITIONAL DIRECTOR GENERAL OF POLICE CRIMES
CIRME BRANCH CID, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
P. VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL
SRI. TEK CHAND, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2021, ALONG WITH WP(C).14978/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 14978 of 2016
and connected cases -9-
JUDGMENT
S. Manikumar, C. J.
W. P. (C) No. 14978 of 2016 has been registered suo motu, in
exercise of the authority under Article 226 of the Constitution of India,
on the basis of a letter dated 11.04.2016 and materials furnished by
one of the former Judge of this Court, and on the basis of the report
dated 11.04.2016 made available by the District Legal Services
Authority, Kollam, following an incident which occurred on
10.04.2016 in Puttingal Devi Temple, Paravur, Kollam, in which
around 109 persons were reported dead, and large number of others
hospitalized.
2. There are other writ petitions, viz., W. P. (C) Nos. 15004,
15008 and 18575 of 2016, filed on the above subject matter. Said writ
petitions are filed for the following reliefs:-
W. P. (C) No. 15004 of 2016
"i. declare that, the relief funds ordered by the Central
W. P. (C) No. 14978 of 2016
and connected cases -10-
and State Governments for the legal heirs and victims of Kollam
Paravoor fireworks tragedy are to be recovered from the erring
officials and actual culprits, after conducting an enquiry to that
effect;
ii. issue a writ in the nature of mandamus to direct the 1 st
Respondent to constitute a permanent special body for assuring
the safety of the citizens from the fireworks accidents"
W. P. (C) No. 15008 of 2016
"i. To call for the Records relating to the incident
happened in the Fire works show on 10.4.2016 at Puttingal
Temple at Paravur, Kollam District.
ii. To issue a writ of Mandamus or any other appropriate
writ, direction or order directing the Respondents 1 and 2 to
register a case against the said officers of the Revenue and Police
as co accused;
iii. To issue a writ of Mandamus or any other appropriate
writ, direction or order directing the Respondents 1 and 2 to
conduct a detailed investigation into the incident against all the
Revenue authorities including the District Collector, Kollam,
Concerned Tahsildar, Concerned Village Officer and Police
Authorities including Commissioner of Police, Kollam City, Asst
commissioner of Police, Kollam, The Circle Inspector of Police
and the concerned Sub Inspector of Police;
iv. To issue a writ of Mandamus or any other appropriate
W. P. (C) No. 14978 of 2016
and connected cases -11-
writ, direction or order directing the Respondents 1 and 2 to keep
away all the concerned Revenue and Police Officers from their
present offices and conduct an independent investigation to avoid
any chance for tampering the documentary evidence by them;
v. To issue a Writ of Mandamus or any other appropriate
writ, order or direction directing the Respondents 1 and 2 to
order investigation by the Central Bureau of Investigation to the
incident happened in the Fireworks show on 10.4.2016 at
Puttingal Temple at Paravur, Kollam District;
vi. To issue a Writ of Mandamus or any other appropriate
writ, order or direction directing the Respondents 1 and 2 to take
steps to inquire into the incident by the Chief Controller of
Explosives."
W. P. (C) No. 18575 of 2016
"i. Issue a writ of mandamus or any other appropriate
writ, direction or order, commanding respondents 1, 2, and 3 to
entrust the investigation of Crime No. 711/2016 of Paravoor
Police Station renumbered as Crime No. 66/CR/HHW-
1/TVM/16 to the Central Bureau of Investigation and direct the
Central Bureau of Investigation to conduct an investigation into
the above crime in accordance with law;
ii. Issue a writ of direction or any appropriate writ,
direction or order, commanding respondents 1, 2 and 3 to
recover the ex-gratia payments made to the deceased and injured
in the Puttingal Devi Temple Tragedy from respondents 4, 5, 6, 7
W. P. (C) No. 14978 of 2016
and connected cases -12-
and 8 and other officers if any identified and responsible for the
subject incident."
3. Added further, there were other Devaswom Board Appeal
Nos. 1 to 9 of 2012, filed for various prayers. OP No. 3821 of 1990 is
also related to the said subject matter.
4. On 12.04.2016, in W. P. (C) No. 14978 of 2016 etc. batch of
cases stated supra, a Hon'ble Division Bench of this Court has passed
a detailed order. Subsequently there were various interim orders
passed by the Hon'ble Bench.
5. On 05.10.2021, when the matter came up for hearing, we
passed the following order:-
"A report dated 27th September, 2021 has been filed by
the Superintendent of Police, Crime Branch,
Thiruvananthapuram, wherein it is stated thus:
"Considering the volume, nature and gravity of the
crime and for a speedy trial and disposal of the matter
it is desirable to constitute a "a Special Court"
exclusively for the day to day trial of the case. During
the crime Stage itself the State Police Chief through the
Home Secretary made representation to the Hon'ble
High Court of Kerala for constituting a Special Court
and the representation is pending consideration before
the registry.
The Government has made consultation with
W. P. (C) No. 14978 of 2016
and connected cases -13-
Kollam Corporation for the proper accommodation and
infrastructure facilities for the building of the proposed
Special Court and subject to the concurrence of the
Hon'ble High Court. The Kollam Corporation has
consented to provide the accommodation in their
commercial complex building situated in Chinnakkada,
Kollam. They assured that they will provide the third
and fourth floor of the said building for the Special
Court with sufficient facilities. In this circumstances,
the entire soft copies, by rectifying all the remarks will
be submitted within a short span of time and the
committal court can issue process to the accused
thereafter."
2. On the request for establishment of a Special Court for
speedy trial of "Puttingal Devi Temple, Kollam fireworks mishap
cases", Registry has recorded that after considering the reports
and representations, the Committee for Establishment of
Courts/Tribunal has favoured the suggestion to set up a separate
Additional District & Sessions Court (Special Court) for the trial
of 'Puttingal Devi Temple Fireworks mishap cases', at Kollam
and also agreed with the suggestion of the District Judge, Kollam
and the Hon'ble Judge-in-Charge of the District that, Kollam
would be an ideal location for setting up of the Special Court.
3. When the matter was placed before the Full Court for
consideration, citing the pendency of the present three writ
petitions viz., W.P.(C) No.14978 of 2016, 18575 of 2016 &
15008 of 2016, decision by the Full Court has been deferred.
4. In as much as a decision has been taken by the Full
Bench only taking note of the pendency of the abovesaid writ
petitions, we deem it fit to observe and state that considering the
W. P. (C) No. 14978 of 2016
and connected cases -14-
large number of cases, number of accused and the witnesses to be
examined, it would be desirable to constitute a Special Court at
Kollam for the speedy trial and disposal of the cases. We have
fixed the hearing of the writ petitions on 25.10.2021. We direct
the Registry to place the subject matter, "Establishment of
Courts/Tribunals", before the Full Bench for appropriate
decision, by circulation.
Registry is directed to circulate the file and obtain
necessary orders, so as to enable the writ petitions to be taken up
on 25.10.2021."
6. Pursuant to the directions, Hon'ble Full Court, High Court of
Kerala, has decided to recommend for the establishment of a Special
Court (Additional District and Sessions Court) at Kollam centre, for
the trial of cases arising out of Puttingal Devi Temple fireworks
mishap.
7. Accordingly, the Registrar General, High Court of Kerala, has
addressed a letter dated 26.10.2021 to the Additional Chief Secretary
to the Government, Home (c) Department, Government Secretariat,
Thiruvananthapuram, seeking necessary administrative sanction for
establishment of the abovesaid court. Said letter reads as under:-
W. P. (C) No. 14978 of 2016
and connected cases -15-
"HIGH COURT OF KERALA
Ernakulam- 692031
E-mail:[email protected]
Phone:0484 2562963
Fax:0484 2562451
No: D7A(1)-2501/2017 Date: 26.10.2021
From
The Registrar General
To
The Additional Chief Secretary to Government,
Home (C) Department,
Government Secretariat, Thiruvananthapuram.
Sir,
Sub:- Establishment of an Additional District & Sessions
Court (Special Court) for the trial of Puttingal Devi
Temple Fireworks mishap case' - Regarding.
Ref: 1. Govt. letter No. 85355/C5/2016/Home dated
07.01.2017 from the Additional Chief Secretary
to Government, Home (C) Department,
Government of Kerala
2. Letters No. C5/120/2017-Home dated
25.10.2017 and 27.04.2018 from the Additional
Chief Secretary to Government, Home (C)
Department, mGovernment of Kerala
In inviting attention to the reference cited, I am to inform
you that the High Court considered the letter from the ADGP
(Crimes) forwarded along with the letter cited 1st, and the matter
regarding establishment of an Additional District and Sessions
Court (Special Court) for the trial of Puttingal Devi Temple
Fireworks mishap case'. After perusal of the report of the District
Judge, Kollam as well as representations filed by Bar
W. P. (C) No. 14978 of 2016
and connected cases -16-
Associations, Kollam and Paravur, the High Court has decided to
recommend for the establishment of a Special Court
(Additional District and Sessions Court) at Kollam Centre,
for the trial of cases arising from Puttingal Devi Temple
Fireworks mishap.
Hence I am to request you to issue necessary orders
according Administrative Sanction for the establishment of a
Special Court (Additional District and Sessions Court) for the
trial of Puttingal Devi Temple Fireworks mishap case', with a
staff pattern of 18, as shown below:
Sl. Name of post Number Present scale of Pay
No. of posts (Revised)
1 Judge (District & Sessions) 1 Rs. 51500-63070
2 Sheristadar (Additional District 1 Rs. 56500-118100
Court)
3 Head Clerk (Common category) 1 Rs. 39300-83000
4 Bench Clerk Gr.I 1 Rs. 43400-91200
5 Senior Clerk 1 Rs. 35600-75400
6 U.D. Typist 2 Rs. 35600-75400
7 Confidential Assistant Grade - II 1 Rs. 35600-75400
8 L. D. Clerk 2 Rs. 26500-60700
9 L. D. Typist 2 Rs. 26500-60700
10 Duffedar 1 Rs. 23700-52600
11 Court Keeper 1 Rs. 23700-52600
12 Peon / Office Attendant (Grade - 3 Rs. 23000-50200
II)
13 Part-time Sweeper (Category - 1 Rs. 11500-18940
III)
Yours faithfully,
K. P. Sudhir
Registrar General"
W. P. (C) No. 14978 of 2016
and connected cases -17-
8. Added further, Mr. V. Tekchand, learned Senior Government
Pleader, submitted that there are 55 accused, in various criminal cases,
and copies of all the statements / final report, taken in pen drive, are
being furnished to the accused, and that the same is in process.
9. Having regard to the completion of investigation, drawing up
of final report, and furnishing of copies of the same, along with the
statements / final report to the accused, at this juncture, we are not
inclined to order an investigation by the Central Bureau of
Investigation.
10. In as much as the incident had occurred way back in 2016,
and that investigation and drawing up of final report have taken a long
time, considering the number of accused / witnesses / documents, and
having regard to speedy justice guaranteed under Article 21 of the
Constitution of India, we direct the Chief Secretary to the
Government, Government Secretariat, Thiruvananthapuram, to act on
the letter dated 26.10.2021 of the Registrar General, High Court of
Kerala, forthwith, and grant administrative sanction for the
establishment of Special Court (Additional District and Sessions
Court), for the trial of Puttingal Devi Temple fireworks mishap case.
W. P. (C) No. 14978 of 2016
and connected cases -18-
11. On establishment of such Court, the concerned prosecuting
authority is directed to proceed further, for early commencement of
trial and completion thereto.
With the above directions, all the writ petitions are disposed of.
In view of the directions stated supra, all pending I.A.s are
closed.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
W. P. (C) No. 14978 of 2016
and connected cases -19-
APPENDIX OF WP(C) 14978/2016
1. MINUTES OF THE HONOURABLE MR.JUSTICE
THOTTATHIL B.RADHAKRISHNAN
2. COPY OF JUDGMENT OF THIS COURT IN
CHANDRA VS. COCHIN DEVASWOM BOARD (2012
(2) KLT 675).
3. LETTER DATED 11/4/2016 BY THE
HONOURABLE MR.JUSTICE V.CHITAMBARESH
4. COPY OF PAPER REPORTS RELATED TO THE
MATTER
5. PRINTED COPY OF E-MAIL SENT BY THE
DISTIRCT JUDGE AND DIRECTOR, DISTRICT
LEGAL SERVICES AUTHORITY, KOLLAM.
6. OFFICE NOTES AND ORDERS OF THE
HONOURABLE JUDGE-IN-CHARGE OF GENERAL
COMPLAINTS/PUBLIC INTEREST LIGITATION
MATTERS
7. OFFICE NOTES AND ORDERS OF THE
HONOURABLE MR.JUSTICE THOTTATHIL
B.RADHAKRISHNAN.
W. P. (C) No. 14978 of 2016
and connected cases -20-
APPENDIX OF WP(C) 15004/2016
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF ORDER NO.K.DIS 13810/18.M7
DATED 03.04.2016 ISSUED BY THE 3RD
RESPONDENT ALONG WITH ITS RETYPED COPY.
W. P. (C) No. 14978 of 2016
and connected cases -21-
APPENDIX OF WP(C) 18575/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BYELAWS OF THE ALL
KERALA ATHEIST FORUM.
EXHIBIT P2 TRUE COPY OF ORDER DATED 12.04.2016 OF
THIS HON'BLE COURT IN W.P.
C)NO.14978/2016.
