C.N.Madhusoodanan vs State Of Kerala
2022 Latest Caselaw 12036 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                  WP(C) NO. 40899 OF 2022
PETITIONER/S:

    1    C.N.MADHUSOODANAN, AGED 54 YEARS
         S/O. NARAYANAN, SECRETARY, SREE AYYAPPA DHARMA
         SANGHAM, MOOZHIKKAL, KORUTHODU P.O, MUNDAKAYAM,
         IDUKKI-685613.
    2    M.B. RAJAN, AGED 60 YEARS
         S/O. M.K.BALAKRISHNAN, MENOTH HOUSE, MADUKKA
         P.O., KOSADY, MUNDAKKAYAM, IDUKKI-686 513.
         BY ADVS.
         T.R.RAJESH
         AUGUSTUS BINU


RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, REVENUE-DEVASWOM DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         KERALA - 695001.
    2    THE TRAVANCORE DEVASWOM BOARD,
         REPRESENTED BY ITS SECRETARY, DEVASWOM
         HEADQUARTERS, NANTHANCODE, THIRUVANANTHAPURAM,
         KERALA - 695 003.
    3    THE STATE POLICE CHIEF,
         OFFICE OF THE STATE POLICE CHIEF, POLICE HEAD
         QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
         KERALA -695 014.
    4    THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,
         KERALA, DEPARTMENT OF FORESTS, FOREST
         HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-
         695014.

    5    THE DISTRICT COLLECTOR,
         COLLECTORATE, IDUKKI, PAINAVU P.O, KUYILIMALA-
 WP(C) 40899 of 2022
                               2


            685603.
     6      THE DISTRICT POLICE CHIEF, IDUKKI,
            DISTRICT POLICE OFFICE, IDUKKI - 685603.
     7      THE DIVISIONAL FOREST OFFICER,
            KOTTAYAM, OFFICE OF THE DIVISIONAL FOREST OFFICE,
            KUMARANALLUR, KOTTAYAM-686016.
     8      THE DEPUTY DIRECTOR,
            PERIYAR TIGER RESERVE WEST DIVISION, PEERUMEDU,
            AZHUTHA, KERALA-685531.
OTHER PRESENT:

            SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ;      SRI
            G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM
            BOARD
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) 40899 of 2022
                                   3


                          JUDGMENT

Anil K. Narendran, J.

The petitioners have filed this writ petition under Article 226

of the Constitution of India seeking writ of mandamus

commanding respondents 5 to 8 not to impose any restriction on

the movement of devotees on the traditional trekking path from

Erumeli without consultation with Malayarayan tribal community

and adversely affecting the traditional religious practices of that

community and other devotees or divert pilgrims to non-

traditional paths to Sabarimala Temple, which is more onerous or

restrictive than the restrictions on the two non-traditional paths.

The petitioners have also sought for a writ of mandamus

commanding respondents 1 to 4 to draw up a master plan for the

protection and maintenance of Erumeli-Sannidhanam traditional

pathway with due right of administration to the members of

Malayarayan community and other communities, to maintain and

protect the above places of worship; and a writ of mandamus

commanding the respondents to protect the rites, rituals and

beliefs of the petitioners and members of Malayarayan tribal

community without imposing any illegal and unreasonable

restrictions, on the movement of devotees of Sabarimala Temple WP(C) 40899 of 2022

through the traditional trekking path from Erumeli. The

document marked as Ext.P2 is an order dated 15.11.2022 of the

5th respondent District Collector, Idukki, regulating the movement

of Sabarimala pilgrims through the traditional trekking path,

during Mandala-Makaravilakku festival season of 1198 M.E

(2022-23). The timings in Ext.P2 order are as follows:

           Sl.No      Kanana Patha        Timings
           1          Sathram             7 am to 2 pm
           2          Azhuthakkadavu      7 am to 12 pm
           3          Mukkuzhi            7 am to 1 pm

Ext.P2 order was followed by Ext.P3 order dated 25.11.2022,

modifying the timings, in view of the increase in the number of

pilgrims. The modified timings in Ext.P3, are as follows:

           Sl.No      Kanana Patha        Timings
           1          Sathram             7 am to 2 pm
           2          Azhuthakkadavu      7 am to 2.30 pm
           3          Mukkuzhi            7 am to 3.30 pm

The petitioners submitted Exts.P4 to P11 representations before

various authorities, with a request to open up the traditional

trekking path leading to Sabarimala Temple for all pilgrims, round

the clock, without any time restriction. Thereafter, the petitioners

have moved this writ petition before this Court, seeking the

aforesaid reliefs.

2. On 16.12.2022, when this writ petition came up for WP(C) 40899 of 2022

admission, the learned Senior Government Pleader, on

instructions, from the concerned Forest officials and also the 6 th

respondent District Police Chief, Idukki, submitted that,

restrictions have been imposed in the movement of pilgrims

through the traditional trekking path referred to in the writ

petition, mainly on account of the fact that the said path through

Periyar Tiger Reserve, was not being used for the last more than

two years. The learned Senior Government Pleader submitted

that the reports of the 6th respondent District Police Chief and the

8th respondent Deputy Director, Periyar Tiger Reserve, West

Division, shall be placed on record by 19.12.2022.

3. The reports of the 6th respondent District Police Chief,

Idukki and the 8th respondent Deputy Director, Periyar Tiger

Reserve, West Division, are placed on record along with the memo

filed by the learned Senior Government Pleader dated 19.12.2022.

4. Heard the learned counsel for the petitioners, the

learned Senior Government Pleader for respondent Nos.1, 3 to 8

and also the learned Standing Counsel for Travancore Devaswom

Board for the 2nd respondent.

5. The learned counsel for the petitioners would contend

that unreasonable restrictions on the movement of devotees WP(C) 40899 of 2022

through the traditional trekking path from Erumeli have been

imposed during the current Mandala-Makaravilakku festival

season. Pointing out the said fact the petitioners submitted

Exts.P4 to P11 representations before the respondents, with a

request to open up the traditional trekking path from Erumeli,

round the clock, without any time restriction.

6. Per contra, the learned Senior Government Pleader

would submit that such restrictions on the movement of devotees

in the traditional trekking path from Erumeli are imposed for valid

reasons, as explained in the reports filed by the 6 th respondent

District Police Chief and the 8th respondent Deputy Director,

Periyar Tiger Reserve.

7. During the course of arguments, the learned Senior

Government Pleader has made available for the perusal of this

Court, the route map of the traditional trekking path from Erumeli

to Pamba, prepared by the Kerala Forest and Wildlife Department,

marking the camera points, camp-sheds, the places where

elephant squads are deployed and the locations of emergency

medical centre and the health centre with Doctor.

8. From the reports of the 6th respondent District Police

Chief and the 8th respondent Deputy Director, Periyar Tiger WP(C) 40899 of 2022

Reserve, the temples referred to in Exts.P4 to P11

representations made by the petitioners are in thickly forested

area, which is occupied by wild animals. This area falls under

Periyar Tiger Reserve. Wild animals like, Tigers, Elephants, Wild

Boar, Wild Bison, Bear, Leopard, etc., are crossing the trekking

path. In the year 2019 and 2020, two cases were registered in

Peruvanthanam Police Station regarding attack of wild elephants

in the forest. Rescue operations, when the pilgrims have health

problems, is comparatively difficult in this forest area and three

cases were registered in the year 2019 and 2020 in connection

with death of devotees due to heart attack. The passage of wild

animals is on the higher side during night time. Vehicle facility is

not possible in the forest area from 6.00 p.m. to 7.00 a.m. due

to the presence of the wild animals. Therefore, restrictions on

trekking time are highly essential to ensure the safety of pilgrims.

In the report of the 8th respondent Deputy Director Periyar Tiger

Reserve, West Division, it is stated that, 15 Elephant Squads

comprising of 4 persons in a group are deployed in the traditional

trekking path, to ensure the safety of pilgrims. 26 permanent

staff and 14 daily wage workers are also deployed on the

traditional trekking path during pilgrimage season. Solar powered WP(C) 40899 of 2022

fence is erected in 8 Thavalams along the route to make the

pilgrims safe. Artificial intelligence cameras are installed to track

the movement of wild elephants and for alerting the pilgrims.

Trekking through the traditional trekking path from

Azhuthacadavu to Pamba takes a minimum of 9 hours. After 9.00

p.m., the pilgrims who have not crossed the destination will be

accommodated in the 'Viris' in the nearby Thavalams, which are

protected with Solar Powered fence. Trekking through this route

will be dangerous between 6.00 p.m. and 7.00 a.m. due to the

presence of the wild animals. Therefore, time restriction is highly

essential for trekking in order to ensure the safety of pilgrims.

9. The facts disclosed from the reports of the 6th

respondent District Police Chief and the 8th respondent Deputy

Director, Periyar Tiger Reserve are not in serious dispute. Having

considered the reports of the 6th and 8th respondents and perusing

the route map of the traditional trekking path from Erumeli to

Pamba prepared by the Kerala Forest and Wild Life Department,

we are of the view that the restrictions regarding movement of

Sabarimala pilgrims through the traditional trekking path, by

fixing timings as specified in Ext.P3 order have been made in

order to ensure the safety of the pilgrims, which warrants no WP(C) 40899 of 2022

interference. Therefore, the request made by the petitioners in

Exts.P4 to P11 representations to open up traditional trekking

path from Erumeli, round the clock, without any time restrictions,

can only be rejected. When the traditional trekking path is

through Periyar Tiger Reserve, where passage of wild animals is

on the higher side during night time, entry of pilgrims during

Mandala-Makaravilakku festival season has to be regulated in an

appropriate manner. When Periyar Tiger Reserve is a protected

area, it has to be preserved as such. Therefore, the request made

by the petitioners for drawing up a master plan for the traditional

trekking path, as sought for in this writ petition, deserves no

consideration.

10. In the result, this writ petition fails and the same is

accordingly dismissed.

No order as to costs.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

jg WP(C) 40899 of 2022

APPENDIX OF WP(C) 40899/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR OF SOCIETIES, IDUKKI DATED 10.8.2011 TO THE 1ST PETITIONER.

Exhibit P1(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P1.

Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT AND ADDRESSED TO RESPONDENTS 6 TO 8 DATED 15.11.2022.

Exhibit P2(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P2.

Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT AND ADDRESSED TO RESPONDENTS 6 TO 8 DATED 25.11.2022.

Exhibit P3(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P3.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 5TH RESPONDENT DATED 9.12.2022.

Exhibit P4(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P4.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 9.12.2022.

Exhibit P5(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P5.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 7TH RESPONDENT DATED 9.12.2022.

Exhibit P6(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P6.

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 8TH RESPONDENT DATED 9.12.2022.

Exhibit P7(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P7.

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 9.12.2022.

Exhibit P8(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P8.

WP(C) 40899 of 2022

Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DATED 9.12.2022.

Exhibit P9(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P9.

Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE FOREST MINISTER DATED 9.12.2022.

Exhibit P10(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P10.

Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE MINISTER FOR DEVASWOM AND OBC DATED 9.12.2022.

Exhibit P11(a) TRUE COPY OF ENGLISH TRANSLATION OF EXT.P11.