Kerala High Court
Travancore Devaswom Board vs P.Prasannakumar on 10 May, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran, N.Nagaresh
1
R.P.No.686 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
R.P.NO.686 OF 2022
AGAINST THE JUDGMENT DATED 19.11.2019 IN W.P.(C)NO.30842 OF
2019 OF THE HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 3 & 4 IN W.P.(C):
1 TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM - 695003,
REPRESENTED BY ITS SECRETARY.
2 THE COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM - 695003.
BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
RESPONDENTS/PETITIONER IN W.P.(C) & RESPONDENTS 1, 2 & 5:
1 P.PRASANNAKUMAR
AGED 58 YEARS, S/O S. PADMANABHA PILLAI,
NAVANEETHAM, NADUVATTOM (P.O.), PALLIPADU,
ALAPPUZHA DISTRICT-690 512.
2 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT,
2
R.P.No.686 of 2022
THIRUVANANTHAPURAM - 695 001.
4 THE HIGH POWER COMMISSION,
TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS
SECRETARY, OFFICE OF THE HIGH POWER COMMISSION,
NANTHANCODE, THIRUVANANTHAPURAM - 695 003.
5 ADDL.R5: THE SECRETARY TO GOVERNMENT
FOREST AND WILD LIFE, SECRETARIAT, TRIVANDRUM -
695001
6 ADDL.R6: THE PRINCIPAL CHIEF CONSERVATOR OF
FOREST
FOREST HEAD QUARTERS, VAZHUTHACADU, TRIVANDRUM -
695003.
ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED
10.11.2022 IN IA 1/2022 IN RP.NO.686/2022 IN WPC
NO. 30842/2019.
7 ADDL.R7. THE DISTRICT COLLECTOR,
PATHANAMTHITTA PIN- 689645
8 ADDL.R8.THE DISTRICT POLICE CHIEF
THAZHEVETTIPRAM, PATHANAMTHITTA, PIN - 689645
* ARE SUO MOTU IMPLEADED AS ADDL.RESPONDENT NOS.7
& 8 AS PER ORDER DATED 04.04.2024 IN RP
NO.686/2022 IN WP(C)NO.30842/2019.
BY ADVS.
C.S.MANILAL
ADVOCATE GENERAL OFFICE KERALA
SHRI.N.MANOJ KUMAR, STATE ATTORNEY()
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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R.P.No.686 of 2022
ORDER
Anil K. Narendran, J.
The Travancore Devaswom Board represented by its
Secretary and the Devaswom Commissioner, who were arrayed as
respondents 3 and 4 in W.P.(C)No.30842 of 2019 have filed this
review petition, invoking the provisions under Order XLVII Rule 1
of the Code of Civil Procedure, 1908, seeking review of the
judgment of this Court dated 19.11.2019 in that writ petition,
which was one filed by the 1st respondent herein, pointing out the
grievances of the pilgrims against the restrictions on entry of
private vehicles carrying pilgrims to Sabarimala from Nilakkal to
Pamba. That writ petition along with the connected matter, i.e.,
W.P.(C)No.31056 of 2019, were disposed of by the judgment
dated 19.11.2019, whereby it was ordered that light motor
vehicles up to 15 seat capacity 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. In
the judgment dated 19.11.2019, it was made clear that the said
direction will be applicable to three wheelers, but not to two
wheelers, and that the judgment shall not be taken as a
permission to park vehicles on the roadside from Nilakkal to
Pamba. In case any vehicle permitted to go beyond Nilakkal is
seen parked on the roadside, it will be open to the police to take
appropriate action and take back such vehicles from there to
Nilakkal.
2. In this review petition, it is pointed out that the
judgment dated 19.11.2019 to extent of prohibiting parking of
private vehicles in the parking grounds at Pamba, Chakkupalam
and Triveni is causing great inconvenience and difficulties to the
devotees. The prohibition on the entry of private vehicles beyond
Nilakkal made earlier by Ext.P1 judgment dated 01.11.2018 in
W.P.(C)No.31125 of 2018 and connected matters was on account
of the changed ground level circumstances at Pamba after the
2018 flood. It will take considerable time to provide complete
infrastructural facilities for the Base Camp at Nilakkal, as per the
Master Plan for Sabarimala.
3. In this review petition, the learned Standing Counsel
for Travancore Devaswom Board has placed on record a compact
disk containing video clippings of the parking grounds at
Chakkupalam I and II and that at Hilltop and another video
clipping of the road leading from Nilakkal to Pamba. The video
clippings were viewed in open Court, on 29.09.2022. Thereafter,
this Court conducted an inspection of the parking grounds at
Nilakkal, Chakkupalam I and II and Hilltop on 16.10.2022.
Thereafter, the District Collector, Pathanamthitta, who is the
Chairperson of the District Disaster Management Authority, has
filed affidavits explaining the facts and circumstances. The District
Police Chief, Pathanamthitta has also filed affidavits pointing out
various aspects regarding the parking of vehicles at the parking
grounds at Chakkupalam I and II and Hilltop.
4. The Special Commissioner, Sabarimala has filed SSCR
No.9 of 2019 regarding the remedial measures to be taken to
revive/rebuilt Pamba river and its banks in the river stretch
'Chakkupalam-Pamba-Triveni-Njunangar Bridge', which is
essential for Sabarimala pilgrimage. By the order dated
09.01.2024 of the Devaswom Bench, Registry was directed to list
that SSCR on 10.01.2024, along with this review petition.
Thereafter, by the order dated 06.03.2024, this Court directed the
Travancore Devaswom Board, through its Maramath Wing, to clear
the undergrowth at Chakkupalam II and to level the debris to the
extent possible, under the direct supervision of a competent
officer deputed by the Deputy Director, Periyar Tiger Reserve
(West Division) and the Divisional Forest Officer, Ranni. The
affidavit sworn to by the Secretary of the Travancore Devaswom
Board, after clearing the undergrowth and leveling the land to the
extent possible, was directed to be placed on record along with
the photographs of the parking ground at Chakkupalam II.
5. After clearing the debris from the parking ground at
Chakkupalam II, an affidavit on behalf of the Travancore
Devaswom Board has been placed on record, producing therewith
Annexure A report dated 20.01.2024 of the Executive Engineer,
Sabarimala Development Project. By the order dated 04.04.2024,
the learned State Attorney was directed to get instructions from
the additional 7th respondent District Collector and the additional
8th respondent District Police Chief as to whether parking of motor
cars can be permitted at Chakkupalam II, during Maasa poojas,
after collecting parking fee through FASTag scanning point at
Nilakkal.
6. On 12.04.2024, when this review petition along with
SSCR came up for consideration, the learned State Attorney
submitted that as per the instructions received from the additional
8th respondent District Police Chief, about 250 motor cars can be
parked at Chakkupalam II. The learned State Attorney sought
three weeks' time to get instructions from the additional 7 th
respondent District Collector.
7. By the order dated 12.04.2024, this Court directed the
Travancore Devaswom Board, through its Maramath Wing, to clear
the undergrowth in Hilltop parking ground and level the debris, if
found necessary, under the supervision of a competent officer
deputed by the Deputy Director, Periyar Tiger Reserve (West
Division) and the Divisional Forest Officer, Ranni. The affidavit
sworn to by the Secretary of the Travancore Devaswom Board,
after clearing the undergrowth and leveling the land to the extent
possible, was directed to be placed on record along with the
photographs of the parking ground. After the Board clearing the
undergrowth and levelling the debris, the additional 7th respondent
District Collector and the additional 8th respondent District Police
Chief were directed to submit reports before this Court regarding
the number of vehicles that can be parked in Hilltop parking
ground, without obstructing to and fro movement of vehicles
through that parking ground and also the parking of KSRTC buses
for transporting pilgrims from Pamba to Nilakkal.
8. Along with a memo dated 09.05.2024 of the learned
Government Pleader, the written instructions dated 09.05.2024 of
the additional 7th respondent District Collector, Pathanamthitta is
placed on record, wherein it is stated that parking of
approximately 200 light motor vehicles is feasible at the parking
ground at Chakkupalam II, considering the safety concerns
regarding the sand deposited near the road. A total 500 light
motor vehicles can be parked in the parking ground at Hilltop, i.e.,
400 vehicles in the Lower Hilltop, 50 vehicles in the Middle Hilltop
and 50 vehicles in the Upper Hilltop, with proper safety measures.
In the written instructions, it is stated that it is imperative to
periodically inspect the parking grounds to ensure ongoing safety
due to potential changes in the terrain.
9. On behalf of the Travancore Devaswom Board, the
Secretary of the Board has sworn to an affidavit dated
10.05.2024, producing therewith Annexure D photographs of the
parking ground at Hilltop, after clearing the undergrowth and
leveling the debris. In the affidavit, it is stated that about 550 light
motor vehicles can be parked at Hilltop, excluding the area
earmarked for parking KSRTC buses, which are being parked from
the petrol pump to 350 meters towards the Hilltop side. At
Chakkupalam II, the earth dumped in the parking ground on the
boundary of Pamba-Chalakayam Road has to be protected by
'geotextile' to prevent soil erosion. Along with the affidavit,
Annexure E report dated 09.05.2024 of the Executive Engineer,
Sabarimala Development Project is placed on record, wherein it is
stated that for collecting parking fee using FASTag, separate
FASTag scanners have to be installed at the entry points of the
parking grounds at Chakkupalam II and Hilltop. In the affidavit, it
is stated that the parking ground at Chakkupalam I also could be
restored, as in the case of Chakkupalam II, for providing parking
facilities to the pilgrims.
10. Heard the learned Standing Counsel for Travancore
Devaswom Board, the learned counsel for the 1st respondent, the
learned State Attorney for respondents 2, 3 and additional
respondents 5 to 8 and also the learned Senior Counsel for the 4th
respondent High Power Committee for implementation of
Sabarimala Master Plan.
11. Travancore-Cochin Hindu Religious Institutions Act,
1950 enacted by the State Legislature makes provision for the
administration, supervision and control of incorporated and
unincorporated Devaswoms and of other Hindu Religious
Endowments and Funds. Sabarimala Devaswom is an incorporated
Devaswom mentioned in Schedule I of the Act, under Chengannur
Group, Pathanamthitta Taluk.
12. Sabarimala is a prominent pilgrim centre in Kerala,
where lakhs of pilgrims trek the rugged terrains of the Western
Ghats to have darshan of Lord Ayyappa. Pamba Ganapathy Temple
also comes under the Travancore Devaswom Board, which is a holy
spot on the way from Pamba to Sannidanam, dedicated to Lord
Ganesha, where the pilgrims offer prayer for safe trekking to
Sannidanam. Sabarimala Sree Dharma Sastha Temple is situated
inside Periyar Tiger Reserve.
13. Section 15A of the Act, inserted by Act 5 of 2007, with
effect from 12.04.2007, deals with duties of the Board. As per
Section 15A, it shall be the duty of the Board to perform the
following functions, namely, (i) to see that the regular traditional
rites and ceremonies according to the practice prevalent in the
religious institutions are performed promptly; (ii) to monitor
whether the administrative officials and employees and also the
employees connected with religious rites are functioning properly;
(iii) to ensure proper maintenance and upliftment of the Hindu
religious institutions; (iv) to establish and maintain proper
facilities in the temples for the devotees. As per Section 31,
subject to the provisions of Part I and the rules made thereunder,
the Board shall manage the properties and affairs of the
Devaswoms, both incorporated and unincorporated as heretofore,
and arrange for the conduct of the daily worship and ceremonies
and of the festivals in every temple according to its usage.
14. Under the provisions of the Travancore-Cochin Hindu
Religious Institutions Act, the Board is duty bound to see
that regular traditional rites and ceremonies according to the
practice prevalent in Sabarimala are performed promptly; to
monitor whether the administrative officials and the employees,
and also the employees connected with religious rites are
functioning properly; and to establish and maintain proper
facilities in Sabarimala for the devotees. The Board shall arrange
for the conduct of the daily worship and ceremonies and of the
festivals in Sabarimala according to the usage.
15. Sabarimala is declared a Special Security Zone. The
management of the Virtual-Q system for Sabarimala darshan is
governed by the directions contained in the order of this Court
in Suo Motu v. Travancore Devaswom Board [2022 (7) KHC
SN 5 : 2022:KER:20733]. In the said order, this Court noticed
that Sabarimala is situated in a difficult forest terrain prone to
natural disasters. Unlike other temples in Kerala, Kerala Police is
responsible for crowd management and maintenance of law and
order in Sabarimala during festival seasons and monthly poojas.
In terms of the said order, verification of Virtual-Q tickets and
other related matters are the responsibilities of the Kerala Police,
as part of crowd management. For effective crowd management
during festival seasons and also Maasa poojas the Kerala Police
should have access to the database in Virtual-Q system.
When specific threat inputs have been received in respect of
Sabarimala Temple, the Kerala Police will have to take preventive
action after screening and verifying the database.
16. In terms of the directions contained in the order of this
Court dated 15.11.2022 in SSCR No.23 of 2022 and DBP No.70 of
2022, if 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. In that
order, it was made clear that, in case any vehicle is seen parked
on the roadside, from Nilakkal to Pamba, the 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.
17. In Suo Motu v. State of Kerala [2023 4 KHC SN 11 :
2023:KER: 26434] this Court held that the prohibition regarding
parking of vehicles on the roadside from Nilakkal to Pamba is
absolute, which cannot be permitted to be flouted by motor
vehicles exhibiting 'authorised' or 'unauthorised' nameboards and
emblems and the police and the Enforcement Officers in the Motor
Vehicles Department are directed to take stringent action against
vehicles exhibiting unauthorised nameboards, beacon lights and
flashlights, by initiating prosecution under Section 171 of the
Indian Penal Code and other penal provisions.
18. In terms of the directions contained in the orders of this
Court dated 06.03.2024 and 12.04.2024 in this review petition,
the Travancore Devaswom Board has cleared the undergrowth at
the parking grounds at Chakkupalam II and Hilltop and levelled
the land, which is evident from the photographs placed on record.
As per the written instructions dated 09.05.2024 of the additional
7th respondent District Collector, Pathanamthitta, parking of
approximately 200 light motor vehicles is feasible in the parking
ground at Chakkupalam II and 500 light motor vehicles can be
parked in the parking ground at Hilltop, i.e., 400 vehicles in the
Lower Hilltop, 50 vehicles in the Middle Hilltop and 50 vehicles in
the Upper Hilltop.
19. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we deem it
appropriate to grant permission, as a temporary measure, for the
parking of light motor vehicles (motor cars) carrying pilgrims, in
the parking grounds at Chakkupalam II and Hilltop, during Maasa
Poojas, after collecting parking fees using FASTag. No motor car
without FASTag shall be permitted parking in the parking grounds
at Chakkupalam II and Hilltop. No motor car other than that
carrying pilgrims, i.e., vehicles of Devaswom staff, employees,
Kuthaka holders, etc., shall be permitted parking in the parking
grounds at Chakkupalam II and Hilltop. The Travancore Devaswom
Board shall take necessary steps to install FASTag scanners at the
entry points of the parking grounds at Chakkupalam II and Hilltop.
The Board shall earmark the parking slots at Chakkupalam II and
Hilltop, in consultation with the Chief Police Co-ordinator,
Sabarimala, the District Police Chief, Pathanamthitta, the District
Collector, Pathanamthitta, who is the Chairperson of the District
Disaster Management Authority, and the Executive Engineer,
Sabarimala Development Project. The parking slots in the parking
ground at Hilltop shall be earmarked without causing any
obstruction for to and fro movement of vehicles and after
excluding the area specified for the parking of KSRTC buses at
Hilltop. The prohibition in the orders of this Court regarding
parking of vehicles on the roadside, which is absolute, cannot be
permitted to be flouted by motor vehicles exhibiting 'authorised'
or 'unauthorised' nameboards and emblems and the police and
the Enforcement Officers in the Motor Vehicles Department shall
take stringent action against vehicles exhibiting unauthorised
nameboards, beacon lights and flashlights by initiating
prosecution under Section 171 of the Indian Penal Code and other
penal provisions. It would be open to the District Collector,
Pathanamthitta, who is the Chairperson of the District Disaster
Management Authority to impose any restrictions regarding
parking of motor cars in the parking grounds at Chakkupalam II
and Hilltop, in exercise of the powers under the Disaster
Management Act, 2005, in case the situation warrants. Any issues
in connection with the parking of vehicles in the parking grounds
at Chakkupalam II and Hilltop shall be brought to the notice of this
Court by the Special Commissioner, Sabarimala, by filing reports,
which shall be listed before the Devaswom Bench for appropriate
orders.
20. Registry to register a DBP suo motu regarding "parking
facility for vehicles carrying pilgrims at Nilakkal, Chakkupalam,
Triveni and Hilltop" during Maasa Poojas and Mandala-
Makaravilakku festival seasons and list the matter before the
Devaswom Bench, on 22.05.2024, along with SSCR No.9 of 2019
filed by the Special Commissioner, Sabarimala regarding the
remedial measures to be taken to revive/rebuilt Pamba river and
its banks in the river stretch 'Chakkupalam-Pamba-Triveni-
Njunangar Bridge'. After the flood of 2018, the parking ground at
Triveni is being submerged during flash floods. The question as to
whether the parking ground at Triveni can be used for parking of
vehicles; whether the parking ground at Chakkupalam I can be
used for parking vehicles after removing debris; whether the
parking of vehicles at the parking grounds other than that at
Nilakkal can be permitted during Mandala-Makaravilakku seasons
will be decided in that DBP, in which the Travancore Devaswom
Board, represented by its Secretary, the Devaswom Commissioner,
the State of Kerala, represented by the Principal Secretary to
Government, Revenue (Devaswom) Department, the Chief Police
Co-ordinator, Sabarimala, the District Collector, Pathanamthitta,
the District Police Chief, Pathanamthitta, the Station House Officer,
Pamba Police Station, the Deputy Director, Periyar Tiger Reserve
(West Division) and the Divisional Forest Officer, Ranni shall be
arrayed as the respondents.
21. A copy of this order shall form part of that DBP. Registry
to issue a complete set of that DBP to the learned Standing
Counsel for Travancore Devaswom Board, the learned Senior
Government Pleader, the learned Special Government Pleader
(Forest) and also the learned Amicus Curiae for Special
Commissioner, Sabarimala.
In the result, this review petition is disposed of in terms of
the directions contained in hereinbefore at paragraph 19.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
N. NAGARESH, JUDGE
MIN
PETITIONER ANNEXURES
ANNEXURE-A TRUE COPY OF THE REPORT NO.907 DATED
20.01.2024 OF THE ASSISTANT ENGINEER,
PAMBA
ANNEXURE-B TRUE COPY OF THE REPORT NO.SDP/E/P-
06/2024 DATED 20.03.2024 SUBMITTED BY THE
EXECUTIVE ENGINEER, SABARIMALA
DEVELOPMENT PROJECT TO THE CHIEF
ENGINEER, TRAVANCORE DEVASWOM BOARD
REGARDING THE COMPLETION OF RESTORATION
WORK OF CHAKKUPALAM II PARKING AREA AT
PAMBA
ANNEXURE-C PHOTOGRAPHS SHOWING THE RESTORED
CHAKKUPALAM II PARKING AREA AT PAMBA
ANNEXURE-D PHOTOGRAPHS OF THE PARKING SPACES AT
HILLTOP
ANNEXURE-E TRUE COPY OF THE REPORT NO. SDP/GL-
60/2024 DATED 09.05.2024 OF THE EXECUTIVE
ENGINEER, SABARIMALA DEVELOPMENT PROJECT,
PATHANAMTHITTA FORWARDED TO THE CHIEF
ENGINEER, TRAVANCORE DEVASWOM BOARD
