Suo Motu vs State Of Kerala
2022 Latest Caselaw 10882 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 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                        SSCR NO. 18 OF 2022
PETITIONER:

          SUO MOTU


          BY ADV SUO MOTU



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
          SECRETARIATE, THIRUVANANTHAPURAM-695001

    2     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
          (DEVASWOM) DEPARTMENT, THIRUVANANTHAPURAM-695001

    3     TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR
          POST, THIRUVANANTHAPURAM- 695003

    4     DEVASWOM COMMISSIONER
          TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
          THIRUVANANTHAPURAM- 695003

    5     CHIEF ENGINEER
          TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWADIAR
          POST, THIRUVANANTHAPURAM-695003

    6     EXECUTIVE ENGINEER
          TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BULIDING,
          OPPOSITE CIVIL STATION, PATHANAMTHITTA-689645
 SSCR.No.18 of 2022.

                                 2

      7       EXECUTIVE OFFICER
              SABARIMALA, PAMPA TRIVENI P.O., PATHANAMTHITTA -
              689670

      8       KERALA STATE ROAD TRANSPORT CORPORATION
              REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
              BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695035

      9       HIGH POWER COMMITTEE FOR IMPLEMENTATION OF SABARIMALA
              MASTER PLAN, REPRESENTED BY ITS CHAIRMAN TRAVANCORE
              DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM
              KERALA- 695003

              BY ADVS.
              SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
              G.BIJU


              SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI DEEPU
              THANKAN - STANDING COUNSEL -KSRTC ; SRI N.RAGHURAJ -
              AMICUS CURIAE FOR SABARIMALA SPECIAL COMMISSIONER



THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 SSCR.No.18 of 2022.

                                  3



                               JUDGMENT

Anil K. Narendran, J.

This report filed by the Special Commissioner, Sabarimala, is

regarding the steps that have to be taken by the Maramath Wing of

the Travancore Devaswom Board to provide smooth surface to KSRTC

bus boarding ground at Nilakkal. The photographs of the uneven

surface of the said Boarding Ground are enclosed along with this SSCR.

2. On 21.10.2022 when this report came for consideration the

learned Standing Counsel for Travancore Devaswom Board sought time

to get instructions.

3. On 26.10.2022, it was brought to the notice of this Court

that the matter is placed in the meeting of the High Power Committee

for Implementation of Sabarimala Master Plan, which was scheduled

on that date.

4. On 01.11.2022, the learned Standing Counsel for the High

Power Committee has made available for the perusal of this Court, the

draft minutes of the meeting of the High Power Committee held on

26.10.2022 on paving interlock tiles in KSRTC bus stand at Nilakkal,

which is yet to be finalised after circulation among the members. The

learned Standing Counsel for the Travancore Devaswom Board sought SSCR.No.18 of 2022.

time to place on record the affidavit of the Secretary of the Board,

explaining the facts and circumstances.

5. Today when this matter is taken up for consideration the

affidavit dated 03.11.2022, on behalf of the 3rd respondent is placed

on record. Paragraphs 2 and 3 of the affidavit read thus;

"2. It is respectfully submitted that during the Mandalam and Makaravilakku festival, the KSRTC bus stand functions in the ground adjacent to the Nadapandal of Mahadeva Temple at Nilakkal. The surface of this ground is presently uneven and will cause difficulty to the pilgrims boarding KSRTC bus. During the site visit of the Hon'ble Transport Minister and KSRTC officials at Nilackal on 27th October, 2022, necessary instructions were given to provide smooth even surface to the KSRTC bus stand by laying Wet Mix Macadam and to lay interlocking paver blocks at bus boarding points.

3. It is submitted that, based on the instructions given, the Assistant Engineer, Nilackal has taken an estimate for the maintenance of the KSRTC bus stand which is duly checked and closed for Rs.19,16,000/ and the same is forwarded to the Chief Engineer for obtaining Administrative Sanction. True copy of the estimate for the work of laying interlocking cement pavers in bus bay and WMM in low lying areas of KSRTC bus stand near Mahadevar Temple, Nilakkal is produced herewith and marked as Annexure R3(a). This work can be tendered immediately on short tender notice and it is expected that the same can be competed before commencement of the festival season."

SSCR.No.18 of 2022.

6. In the affidavit dated 03.11.2022 it has also been stated

that necessary steps for repair and maintenance of internal roads at

Nilakkal have been taken. The work was tendered, which is awarded to

a contractor, who has been instructed to complete the work before the

commencement of Mandala-Makaravilakku Festival of the year 1198.

7. An affidavit on behalf of the 8th respondent KSRTC is also

placed on record, wherein, it is stated that, since the Corporation is

planning to introduce conductorless buses for Nilakkal-Pamba services,

it needs ten ticket counters at Nilakkal, out of which eight counters are

for regular devotees, one counter for senior citizen and one counter for

group devotees. Separate barricades for the counters can also be

placed to regulate the crowd.

8. Heard the learned Senior Government Pleader for the official

respondents, the learned Standing Counsel for Travancore Devaswom

Board, the learned Standing Counsel for KSRTC and also learned

Standing Counsel for the High Power Committee for implementation of

Sabarimala Master Plan.

9. Having considered the materials on record and also the

submissions made at the Bar, we find that, since Mandala-

Makaravilakku season commences on 17.11.2022, it is for the High SSCR.No.18 of 2022.

Power Committee to consider whether the alternative proposal made

by the Board for laying interlocking cement pavers in the bus bay and

levelling the rest of the ground with Wet Mix Macadam (WMM) at a cost

of Rs.19,60,000/-, instead of paving interlock tiles on the entire surface

of KSRTC bus boarding ground at Nilakkal is more feasible. Considering

the urgency of the matter, the alternative proposal may be considered

by the High Power Committee, if found necessary, through online

mode. If the alternative proposal is found feasible, the layout of the

area of the bus bay, which has to be laid with interlocking cement

pavers and the rest of the area, which has to be levelled with Wet Mix

Macadam (WMM), shall be approved by the High Power Committee.

With the above directions, this SSCR is disposed of.

Sd/-

ANIL K. NARENDRN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE

Raj.

03.11.2022.