Kerala High Court
Suo Motu vs Travancore Devasom Board on 22 May, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
SSCR No.9 of 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 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.
PETITIONER:
SUO MOTU
RESPONDENTS:
1 TRAVANCORE DEVASOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHENCODE,
KAWDIAR POST, THIRUVANANTHAPURAM-695003.
2 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
*ADDL.R3 FOREST DEPARTMENT,
REPRESENTED BY ITS SECRETARY, FOREST
HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
ADDL.R4 DISTRICT COLLECTOR, 2ND FLOOR, DISTRICT
COLLECTORATE, PATHANAMTHITTA, KERALA-689645.
ADDL.R5 KERALA STATE DISASTER MANAGEMENT AUTHORITY,
OBSERVATORY HILLS, VIKAS BHAVAN,
SSCR No.9 of 2019 2
THIRUVANANTHAPURAM-695003.
ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS
3, 4 AND 5 IN SSCR 9/2019 AS PER ORDER DATED
29/07/2019.
ADDL.R6 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 THE DISTRICT POLICE CHIEF,
THAZHEVETTIPRAM, PATHANAMTHITTA, KERALA-689 645
ADDL.R8 STATION HOUSE OFFICER, PAMBA POLICE STATION,
PAMBA-689 662.
ARE SUO MOTU IMPLEADED AS ADDL. R7 & R8 AS PER
ORDER DATED 13/07/2023 IN SSCR 9/2019.
ADDL.R9 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 ADVS.
SRI.S.RAJMOHAN, SENIOR GOVERNMENT PLEADER
SRI.NAGARAJ NARAYANAN, SPL. G.P. FOR FOREST
SRI.T.C.KRISHNA, DSGI-IN-CHARGE
SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
SMT.SAYUJYA RADHAKRISHNAN, SC, HPC, SABARIMALA
THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME
UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SSCR No.9 of 2019 3
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.
3. By the order dated 06.03.2024 in R.P.No.686 of 2022
and this SSCR, 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 levelling the land to the extent possible, was
directed to be placed on record along with the photographs of the
parking ground at Chakkupalam II.
4. After clearing the debris from the parking ground at
Chakkupalam II, an affidavit on behalf of the Travancore
Devaswom Board was placed on record in R.P.No.686 of 2022,
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.
5. On 12.04.2024, when this SSCR along with R.P.No.686
of 2022 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, since that officer was engaged in
election duty.
6. 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
levelling 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.
7. On 10.05.2024, when this SSCR came up for
consideration along with R.P.No.686 of 2022, that review petition
was disposed of by a separate order passed the Division Bench, in
which one among us [Anil K. Narendran, J.] was a party.
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."
8. By another order dated 10.05.2024, Registry was
directed to list this SSCR for consideration before the Devaswom
Bench, today (22.05.2024).
9. Heard Sri. S.Rajmohan, the learned Senior Government
Pleader, Sri.G.Biju, the learned Standing Counsel for the
Travancore Devaswom Board, Sri. Nagaraj Narayanan, the learned
Special Government Pleader for Forests, Sri.T.C.Krishna, learned
DSGI-in-Charge, Sri.Manoj Kumar, the learned State Attorney and
Smt.Sayujya Radhakrishnan, the learned Standing Counsel for the
High Power Committee, Sabarimala.
10. During the course of arguments, the learned Special
Government Pleader (Forest) would point out the order dated
19.04.2022 of the National Green Tribunal, Southern Zone,
Chennai in O.A.No.75 of 2020 (SZ), which was in a suo motu
proceedings initiated by the Tribunal on the basis of a newspaper
report published in the Hindu daily dated 30.05.2020 under the
caption "Kerala Forest Department told to permit sand removal
from Pamba" and also another newspaper report published in
Malayala Manorama daily dated 31.05.2020. In the order dated
19.04.2022, the National Green Tribunal has issued various
directions at paragraph 65.
11. By the order dated 10.05.2024 in R.P.No.686 of 2022,
the Division Bench, in which one among us [Anil K. Narendran, J]
was a party, has directed Registry to register a suo motu
proceedings regarding parking facility of vehicles carrying pilgrims
at Nilakkal, Chakkupalam, Triveni and Hilltop during Maasa poojas
and Mandala-Makaravilakku festival seasons, which has already
been numbered as DBP No.43 of 2024.
In such circumstances, this SSCR is disposed of taking note
of the pendency of DBP No.43 of 2024 on the above issue. In case
any further directions are required in respect of Pamba river and
its banks in the river stretch 'Chakkupalam-Pamba-Triveni-
Njunangar Bridge', which is essential for Sabarimala pilgrimage, it
would be open to the Special Commissioner to file a fresh report
before this Court
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
ln
PETITIONER ANNEXURES
Annexure R6(a) True copy of the photographs of debris
Annexure R6(b) True copy of the photographs of debris
Annexure R6(c) True copy of the photographs of debris
Annexure R6(d) True copy of the photographs of debris
