Kerala High Court
Suo Motu vs State Of Kerala on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 2nd day of December 2022 / 11th Agrahayana, 1944
DBP NO. 70 OF 2022
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SREE DHARMA SASTHA
TEMPLE- MATTER PERTAINING TO THE RESTRICTION IMPOSED ON THE ENTRY OF VEHICLES
INCLUDING MOTOR CARS FROM NILAKKAL TO PAMPA - SUO MOTU PROCEEDINGS INITIATED
BASED ON A COMPLAINT DATED NIL MADE BY SANDHYA R., THRIPUNITHURA - 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 SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
3. THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM-695003
4. THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM-695003
5. THE EXECUTIVE OFFICER
SABARIMALA DEVASWOM, DEVASWOM BOARD BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM-695003
6. THE DISTRICT COLLECTOR
COLLECTORATE, PATHANAMTHITTA, KERALA-689645
7. THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA-689645
8. THE CIRCLE INSPECTOR OF POLICE
PAMBA POLICE STATION, SABARIMALA, PIN-689662
9. THE STATION HOUSE OFFICER
SANNIDHANAM POLICE STATION, SABARIMALA SANNIDHANAM,
PATHANAMTHITTA-689713
BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD
BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER
BY SRI.P.SANTHOSHKUMAR, SPL.GOVERNMENT
BY SRI.N.RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPECIAL
COMMISSIONER
THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON
02/12/2022, UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED
01/12/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ
.......................................................................
S.S.C.R. No. 23 of 2022
in
D.B.P. No. 70 of 2022
.................................................................
Dated this the 2nd day of December, 2022
ORDER
Anil K. Narendran, J.
By the order dated 23.11.2022 in this SSCR, the learned
Deputy Solicitor General of India (DSGI) was directed to get
instructions on the collection of 'special rates' by Southern Railway
in respect of the 'special trains' intended for Sabarimala pilgrims.
On 24.11.2022, the learned DSGI submitted that collection of
'special rates' in respect of 'special trains' are in terms of
Commercial Circular dated 21.05.2015 issued by the Railway
Board and a copy of the said circular shall be placed on record by
29.11.2022.
2. Today, when this matter is taken up for consideration,
the learned DSGI would submit that a statement on behalf of the
additional 21st respondent is being filed today, producing therewith
Railway Board's Commercial Circular No.26 of 2015 and Circular
No.30 of 2015, governing rates of tickets in 'special trains'.
3. Registry to incorporate the statement filed by the
learned DSGI on behalf of the additional 21st respondent.
SSCR No.23 of 2022 and DBP 70 of 2022
4. Paragraphs 7 to 7.2 of the order dated 29.11.2022 in
SSCR No.23 of 2022 and DBP No.70 and 74 of 2022 deals with the
entry of vehicles from Nilakkal and parking of vehicles. The said
paragraphs read thus;
"7. Entry of Vehicles from Nilakkal and parking of
vehicles:- By the order 15.11.2022 in SSCR No.23 of 2022
and DBP No.70 of 2022, it was ordered that, the entry of
vehicles from Nilakkal has to be regulated during Mandala-
Makaravilakku festival season of 1198 ME, in terms of the
directions contained in the judgment dated 19.11.2019 in
W.P.(C)No.30842 of 2019 and connected matter. Light
motor vehicles with a seating capacity up to 15, 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 shall be permitted to re-enter, solely to bring
back the pilgrims. No vehicle shall be permitted to park
vehicles on the roadside from Nilakkal to Pamba. In case
any vehicle is seen parked on the roadside, 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.
If the 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. By the order dated 15.11.2022,
SSCR No.23 of 2022 and DBP 70 of 2022
the Police and the Enforcement Wing of the Motor Vehicles
Department are directed to take stringent action against
those who openly flout the prohibitions contained in the
statutory provisions referred to hereinbefore. In the said
order it was made clear that the prohibition regarding
parking of vehicles on the roadside from Nilakkal to Pamba
is absolute, which cannot be permitted to be flouted by any
motor vehicle exhibiting 'authorised' or 'unauthorised'
name boards and emblems.
7.1. The learned Standing Counsel for Travancore
Devaswom Board and also the learned Amicus Curiae for
the Special Commissioner would point out unauthorised
parking of vehicles at Pamba. The learned Senior
Government Pleader would submit that, on 28.11.2022, 53
vehicles have been booked for unauthorised parking at
Pamba and challans were issued. The learned Senior
Government Pleader, on instructions from the District
Collector, Pathanamthitta and also the Station House
Officer, Pamba Police Station, would submit that, now
parking of vehicles at Pamba is strictly prohibited.
7.2. The learned Amicus Curiae would submit that the
report of the Special Commissioner, Sabarimala, on
unauthorised parking of vehicles at Pamba shall be placed
on record by 02.12.2022. The learned Senior Government
Pleader shall ensure that the reports of the District
Collector, Pathanamthitta and the Station House Officer,
Pamba Police Station on the above aspect are placed on
record by 02.12.2022.''
5. News items appeared in visual media regarding use of
vehicles exhibiting unauthorised name boards and emblems by
Sabarimala pilgrims, in order to park such vehicles at Pamba. A
SSCR No.23 of 2022 and DBP 70 of 2022
screen shot taken from the news item that appeared in Asianet
news is reproduced hereunder;
6. In the order dated 15.11.2022 in SSCR No.23 of 2022
and DBP No.70 of 2022, we noticed that, openly flouting
prohibitions contained in the statutory provisions referred to
hereinbefore, the 'Official Emblem of the State Government', after
incorporating the 'State Emblem of India', is displayed on motor
vehicles carrying District Collectors, Law Secretary, etc.; and the
State Emblem of India is displayed on motor vehicles carrying
officers of the Income Tax Department, Customs, Central Excise,
etc. Openly flouting Rule 92A of the Kerala Motor Vehicles Rules
unauthorised name boards are exhibited on motor vehicles owned
by Co-operative Societies registered under the Kerala Co-operative
Societies Act, 1969; Societies registered under the Societies
Registration Act, 1860, the Travancore-Cochin Literary, Scientific
SSCR No.23 of 2022 and DBP 70 of 2022
and Charitable Societies Registration Act, 1955, etc.; and even on
vehicles owned by Non-Governmental Organisations (NGO's),
Public Private Partnerships, etc. Many vehicles are seen plying in
the State, carrying the name board 'Government of India',
'Government of Kerala', 'Kerala State', 'Government Vehicle', etc.
to mislead the Police, the Enforcement Officers of the Motor
Vehicles Department, by giving an impression that the said
vehicles are owned by a Government Department. Persons in such
vehicles are pretending as if they are Government servants and
they are misusing such name boards to escape from the checking
of vehicles by Police and Enforcement Officers of the Motor Vehicles
Department and to avoid payment of toll at the toll booths and also
the restrictions regarding parking or entry of vehicles.
7. Section 171 of the Indian Penal Code, 1860, which deals
with wearing grab or carrying token used by public servant with
fraudulent intent. As per Section 171, whoever, not belonging to a
certain class of public servants, wears any garb or carries any
token resembling any garb or token used by that class of public
servants, with the intention that it may be believed, or with the
knowledge that it is likely to be believed, that he belongs to that
class of public servants, shall be punished with imprisonment of
either description for a term which may extend to three months,
SSCR No.23 of 2022 and DBP 70 of 2022
or with fine which may extend to two hundred rupees, or with both.
8. It is for the Police and the Enforcement Wing of the
Motor Vehicles Department to take stringent action against those
who openly flout the prohibitions contained in the statutory
provisions referred to hereinbefore, by initiating prosecution under
Section 171 of the Indian Penal Code. It is reiterated that the
prohibition regarding parking of vehicles on the roadside from
Nilakkal to Pamba and parking of vehicles at Pamba is absolute,
which cannot be permitted to be flouted by any motor vehicle
exhibiting 'authorised' or 'unauthorised' name boards and
emblems.
9. The learned Senior Government Pleader would submit
that around 50 vehicles were issued with e-challan for
unauthorised parking at Pamba on 24.11.2022 and that, an
affidavit sworn to by the 4th respondent District Collector and the
report of the 8th respondent Station House Officer, Pamba Police
Station, are being filed today. Registry to incorporate the same.
10. The learned Amicus Curiae for Special commissioner,
Sabrimala would submit that in terms of the directions contained
in the order dated 29.11.2022 the report of the Special
Commissioner, regarding operation of Nilakkal-Pamba chain
service by KSRTC is being filed today.
SSCR No.23 of 2022 and DBP 70 of 2022
11. The learned Senior Government Pleader and also the
learned Standing Counsel for KSRTC, on receipt of a copy of that
report, shall get necessary instructions on the shortfalls, if any,
pointed out in the report of the Special Commissioner.
List on 05.12.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
Dxy
02-12-2022 /True Copy/ Assistant Registrar
