Kerala High Court
Suo Motu vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
SSCR NO. 1 OF 2023
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SREE DHARMA SASTHA
TEMPLE - SM REPORT NO.1/2023 - REPORT SUBMITTED BY THE SPECIAL COMMISSIONER,
SABARIMALA REGARDING THE EXPLOSION CAUSING INJURIES TO THREE EMPLOYEES OF THE
'VEDIVAZHIPADU CONTRACTOR WHICH OCCURRED AT THE EXPLOSIVE FILLING/MANUFACTURING
SHED OF THE 'VEDIPAZHIPADU' FIRING PLACE NEAR MALIKAPPURAM TEMPLE ON 02/01/2023
AT ABOUT 5 P.M. - SUO MOTU PROCEEDINGS INITIATED - 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 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.
3. THE DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695005.
4. THE EXECUTIVE OFFICER,
SABARIMALA, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM - 695003.
5. DIRECTOR GENERAL,
KERALA FIRE & RESCUE SERVICES HEADQUARTERS, FIRE FORCE JUNCTION,
PULIMOODU P.O., THIRUVANANTHAPURAM - 695001.
6. THE DISTRICT COLLECTOR,
2ND FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA, KERALA-689645.
7. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA - 689645.
8. THE STATION HOUSE OFFICER,
SANNIDHANAM POLICE STATION, SABARIMALA SANNIDHANAM,
PATHANAMTHITTA, PIN - 689713.
9. DEPUTY DIRECTOR,
PERIYAR WEST DIVISION, PEERUMEDU, IDUKKI - 685531.
10. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) &
CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014.
11. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY (MOEFCC), MINISTRY OF ENVIRONMENT,
OREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD,
NEW DELHI - 110003.
12. THE CONTROLLER OF EXPLOSIVES,
OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682037.
*ADDL.R13 IMPLEADED
13. SMT.SHEENA M.S., AGED 41 YEARS,
W/O.SURESH P.K., PANTHALANGATTIL HOUSE, KUNDANNOOR P.O.,
THALAPILLY TALUK, THRISSUR DISTRICT, PIN - 680 590
*IS SUO MOTU IMPLEADED AS THE ADDITIONAL 13TH RESPONDENT
VIDE ORDER DATED 03/01/2023 IN SSCR 1/2023
BY SRI.S. RAJMOHAN, SR.GOVT.PLEADER
BY SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
BY DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.N.RAGHURAJ, AMICUS CURIAE FOR SABARIMALA SPL.COMMISSIONER
BY M/S.BABU S.NAIR and SMT.SMITHA BABU, Advocates for R13
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR
ORDERS AGAIN ON 17/01/2023, UPON PERUSING THE REPORT AND THIS COURT'S
ORDER DATED 12/01/2023 (ORDER NO.1 & ORDER NO.2), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
------------------------------
SSCR No.1 of 2023
&
W.P.(C)No.42890 of 2022
-----------------------------------
Dated this the 17th day of January, 2023
ORDER
Anil K. Narendran, J.
On 12.01.2023, when these matters were taken up for
consideration, after arguing for some time, the learned counsel for
the petitioner in W.P.(C)No.42890 of 2022 sought time to place on
record a copy of LE2 licence issued to the petitioner in respect of
the firing platform at Malikappuram.
2. Today, when these matters are taken up for consideration,
along with I.A.No.1 of 2023, the petitioner has placed on record
Ext.P9 proceedings dated 21.11.2022 of the 3rd respondent
Additional District Magistrate, enclosing therewith the licence in
Form LE-2. A reading of Ext.P9 order would show that the 3rd
respondent has granted the said licence to the petitioner, since
there was a direction in the judgment of this Court dated
26.10.2022 in W.P.(C)No.33998 of 2022, whereby the 3rd
respondent is directed to consider the application for licence and
SSCR No.1 of 2023 and conn.cases
grant licence to the petitioner.
3. W.P.(C)No.33998 of 2022 was one filed by the petitioner
seeking a writ of mandamus commanding the Travancore
Devaswom Board and the Executive Officer, Sabarimala Devaswom,
not to proceed with the re-tendering of the Kuthaka item for 'Vedi
Vazhipadu' in Sabarimala Sannidhanam, based on Ext.P7 re-e-
tender notification dated 18.10.2022 issued by the Devaswom
Commissioner. In the said writ petition, the petitioner has also
sought for other reliefs, including the writ of mandamus
commanding the Additional District Magistrate, Thrissur to issue
licence to the petitioner in Form LE-2 under the provisions of the
Explosive Rules, 2008, based on an application dated 17.10.2022,
which was marked as Ext.P6 in that writ petition. By the judgment
dated 26.10.2022, W.P.(C)No.33998 of 2022 ended in dismissal.
The operative portion of that judgment reads thus;
"In the result, the challenge made in this writ petition against
Ext.P7 re-e-tender notification issued by the additional 4tth
respondent Devaswom Commissioner, insofar as it relates to
'Vedi Vazhipadu' in Sabarimala Devaswom, fails. The writ
petition is accordingly dismissed, leaving open the legal and
factual contentions raised by the petitioner. The additional 4th
respondent shall proceed with Ext.P7 re-e-tender notification,
strictly in terms of the eligibility criteria prescribed in the e-
SSCR No.1 of 2023 and conn.cases
tender notification originally issued and Ext.P8 general
conditions, which forms part of that notification, and keeping
in mind the law laid down in the decisions referred to supra."
(underline supplied)
4. The learned Senior Government Pleader seeks time to get
instructions from the 3rd respondent Additional District Magistrate
on the aforesaid reasoning in Ext.P9 order dated 21.11.2022.
5. The learned Senior Government Pleader shall ensure that
the files relating to Ext.P9 proceedings dated 21.11.2022 of the 3rd
respondent Additional District Magistrate grants LE-2 licence to the
petitioner and also the files relating to the LE-2 licence granted in
the name of the Executive Officer, Sabarimala Devaswom in respect
of two firing platforms at Malikappuram and Nadapanthal are made
available for the perusal of this Court on the next posting date.
List on 19.01.2023 for further consideration.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
yd
17-01-2023 /True Copy/ Assistant Registrar
