Suo Motu vs State Of Kerala
2024 Latest Caselaw 31774 Ker

Kerala High Court

Suo Motu vs State Of Kerala on 6 November, 2024

Author: Anil K. Narendran

Bench: Anil K. Narendran

                                       1


                                                           2024:KER:82607
SSCR NO. 70 OF 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

                                       &

              THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

  WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                              SSCR NO. 70 OF 2024

      (IN    THE   MATTER     OF   TRAVANCORE   DEVASWOM     BOARD-SABARIMALA
SPECIAL COMMISSIONER REPORT-SM NO.70/2024-REPORT SUBMITTED BY THE
SPECIAL     COMMISSIONER,     SABARIMALA   REGARDING   THE    APPOINTMENT   OF
EXECUTIVE MAGISTRATE IN THE OFFICE OF THE SPECIAL COMMISSIONER,
SABARIMALA     DURING   THE    MANDALAM    MAKARAVILAKKU     FESTIVAL   2024-
2025(1200 M.E)-SUO MOTU PROCEEDINGS INITIATED-REG)


PETITIONER/S:

             SUO MOTU


RESPONDENT/S:

     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,
                                   2


                                                   2024:KER:82607
SSCR NO. 70 OF 2024

            NANTHANCODE, THIRUVANANTHAPURAM, PIN-695005.

     4      EXECUTIVE OFFICER,
            SABARIMALA, SABARIMALA.P.O., PATHANAMTHITTA-689662.

     5      THE DEPUTY DIRECTOR,
            LOCAL FUND AUDIT,TRAVANCORE DEVASWOM
            BOARD,THIRUVANANTHAPURAM-695003



OTHER PRESENT:

             SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB; SMT.
             SAYUJYA RADHAKRISHAN, AMICUS CURIAE


      THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING COME UP
FOR ADMISSION ON 06.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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                                                      2024:KER:82607
SSCR NO. 70 OF 2024



                            JUDGMENT

ANIL K. NARENDRAN., J.

The Special Commissioner, Sabarimala has filed this report

regarding the appointment of an Executive Magistrate in his

office during the Mandala-Makaravilakku festival season of 1200

M.E. (2024-2025).

2. On 23.10.2024, when this matter came up for

consideration, the learned Senior Government Pleader sought

time to get instructions and submit a panel of officers in the

cadre of Tahsildar.

3. Today, when this matter is taken up for consideration,

the learned Senior Government Pleader has placed on record, a

panel of officers in the cadre of Tahsildar, for being appointed as

Executive Magistrate in the office of the Special Commissioner,

Sabarimala, which consists of the names of seven persons.

3. Heard the learned Senior Government Pleader the

learned Standing Counsel for the Travancore Devaswom Board

2024:KER:82607 SSCR NO. 70 OF 2024

and also learned Amicus Curiae for Special Commissioner,

Sabarimala.

Having considered the submissions made at the Bar, we

deem it appropriate to dispose of this SSCR by directing the

Special Commissioner, Sabarimala to choose an officer in the

cadre of Tahsildar, from the panel submitted by the learned

Senior Government Pleader, as Executive Magistrate in his office.

An intimation to that effect shall be issued to the Secretary to

Government, Revenue (C) Department, today itself. Posting order

as Executive Magistrate in the office of the Special Commissioner,

Sabarimala shall be issued within two days.

Sd/-

ANIL K. NARENDRAN JUDGE

Sd/-

MURALEE KRISHNAN.S JUDGE ASV