Kerala High Court
Suo Motu vs Travancore Devasom Board on 10 May, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran, N.Nagaresh
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
SSCR NO. 9 OF 2019
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA REPORT NO.9/2019
(SM.NO.9/2019) - BY SPECIAL COMMISSIONER, SABARIMALA - THE REMEDIAL MEASURES TO
BE TAKEN TO REVIVE/REBUILD THE PAMBA RIVER AND ITS BANKS IN THE RIVER STRETCH
FROM CHAKKUPALAM - PAMBA - THRIVENI-NJUNAGAR BRIDGE - SUO MOTU INITIATED -
REGARDING.
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PETITIONER:
SUO MOTU
RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHENCODE, KAWDIAR POST
THIRUVANANTHAPURAM-695 003
2. STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
*ADDL.R3 TO R5 IMPLEADED:
3. FOREST DEPARTMENT
REPRESENTED BY ITS SECRETARY, FOREST HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014
4. DISTRICT COLLECTOR,
2ND FLOOR, DISTRICT COLLECTORATE,
PATHANAMTHITTA, KERALA- 689645
5. KERALA STATE DISASTER MANAGEMENT AUTHORITY,
OBSERVATORY HILLS, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 003
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 3, 4 and 5 IN
SSCR 9/2019 AS PER ORDER DATED 29/07/2019.
*ADDL.R6 IMPLEADED:
6. THE DIVISIONAL FOREST OFFICER,
RANNI, PATHANAMTHITTA
*IS SUO MOTU IMPLEADED AS ADDITIONAL 6TH RESPONDENT
IN SSCR 9/2019 AS PER ORDER DATED 07/03/2023.
*ADDL.R7 & R8 IMPLEADED:
7. THE DISTRICT POLICE CHIEF,
THAZHEVETTIPRAM, PATHANAMTHITTA, KERALA-689 645
8. STATION HOUSE OFFICER,
PAMBA POLICE STATION, PAMBA-689 662
*ARE SUO MOTU IMLEADED AS ADDITIONAL RESPONDENTS 7 AND 8 VIDE
ORDER DATED 13/07/2023 IN SSCR.NO.9/2019
*ADDL.R9 IMPLEADED
9. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003
*ARE SUO MOTU IMPLEADED AS ADDITIONAL 9TH RESPONDENT VIDE ORDER
DATED 17/01/2024 IN SSCR NO.9/2019
BY SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
BY SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER
BY SRI.NAGARAJ NARAYANAN, SPL. GOVERNMENT PLEADER FOR FOREST
BY SRI.N.RAGHURAJ, SC FOR HIGH POWER COMMITTEE
BY DEPUTY SOLICITOR GENERAL OF INDIA FOR ADDL.R9
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP FOR
ORDERS AGAIN ON 10/05/2024, UPON PERUSING THE REPORT AND THIS COURT'S
COMMON ORDER DATED 12/04/2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
ANIL K. NARENDRAN & N. NAGARESH, JJ.
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SSCR No.9 of 2019
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Dated this the 10th day of May, 2024
ORDER
Anil K. Narendran, J.
The Special Commissioner, Sabarimala has filed this report
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. In this SSCR, various orders have been
passed by this Court.
2. By the order dated 09.01.2024 of the Devaswom
Bench, Registry was directed to list this SSCR on 10.01.2024,
along with R.P.No.686 of 2022 arising out of the judgment dated
19.11.2019 in W.P.(C)No.30842 of 2019. 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.
3. 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
in R.P.No.686 of 2022, the learned State Attorney was directed
to get instructions from the additional 7 th 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.
4. On 12.04.2024, when this SSCR along with review
petition 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 7th respondent District Collector, since that officer was
engaged in election duty.
5. By the order dated 12.04.2024 in R.P.No.686 of 2022,
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 at Hilltop. 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 a report 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.
6. Today, when this SSCR along with R.P.No.686 of 2022
came up for consideration, R.P.No.686 of 2022 is disposed of by
a separate order. Paragraphs 19 and 20 of that order read thus;
"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."
In such circumstances, list this SSCR for consideration
before the Devaswom Bench on 22.05.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
N. NAGARESH, JUDGE
MIN
10-05-2024 /True Copy/ Assistant Registrar
