Kerala High Court
Abraham M.P vs Shri. Prem Krishnan S., I.A.S on 22 January, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:4933
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 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
CON.CASE(C) NO. 33 OF 2025
AGAINST THE JUDGMENT DATED 13.12.2024 IN WP(C) NO.43215 OF
2024 OF HIGH COURT OF KERALA
PETITIONERS/PETITIONERS 1 AND 3:
1 ABRAHAM M.P.
AGED 56 YEARS
SON OF PETER ABRAHAM, MILMA STALL-CUM-LFS,
STALL NO. 226, NILAKKAL PARKING AREA,
NILAKKAL, SABARIMALA, RESIDING AT MALIYAKAL
HOUSE, THULAPPALLY P.O., NARANAMTHODU,
PATHANAMTHITTA DISTRICT, PIN - 686510
2 RATHEESH A.V.
AGED 44 YEARS
SON OF VENU, HOTEL, STALL NO.192, NILAKKAL
PARKING AREA, NILAKKAL, SABARIMALA,
RESIDING AT AMBALATHUNKAL HOUSE,
THULAPPALLY P.O., NARANAMTHODU,
PATHANAMTHITTA DISTRICT, PIN - 686510
BY ADVS.
T.RAMPRASAD UNNI
K.RAMAKUMAR (SR.)
S.M.PRASANTH
SHEHIN S.
DEVIKA S.
RESHMA DAS P.
RESPONDENTS/RESPONDENTS 2,3, 7, 8 & 9 IN WPC:
Con.Case(c) No.33 of 2025 2 2025:KER:4933
1 SHRI. PREM KRISHNAN S., I.A.S.
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
DISTRICT COLLECTOR, SECOND FLOOR, COLLECTORATE,
PATHANAMTHITTA, PIN - 686510
2 SMT. S. BINDHU
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD
QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695003
3 SHRI. MURARI BABU
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
EXECUTIVE OFFICER, SABARIMALA, TRAVANCORE DEVASWOM
BOARD, PATHANAMTHITTA, PIN - 689662
*4 SHRI. C. K. MANOJ (CORRECTED)
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
INSPECTOR OF POLICE, NILAKKAL, NILAKKAL POLICE
STATION, KONNI, PATHANAMTHITTA, PIN - 689 662.
*(THE NAME OF R4 IS SUO MOTU CORRECTED AS "MANEESH M"
AS PER ORDER DATED 13.01.2025 IN COC 33 of 2025)
5 SHRI. SUNIL KUMAR
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
SECRETARY, RANNI-PERUNNADU GRAMA PANCHAYAT, RANNI
PERUNNADU GRAMA PANCHAYAT OFFICE, RANNI, PERUNNADU
P.O., PATHANAMTHITTA DISTRICT, PIN - 689711
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
CHITHRA CHANDRASEKHRAN
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB ; SMT
CHITRA CHANDRASEKHARAN, SC, RANNY- PERINAD
GRAMAPANCHAYAT
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(c) No.33 of 2025 3 2025:KER:4933
JUDGMENT
Anil K. Narendran, J.
The petitioners have filed this contempt case alleging willful
disobedience of the directions contained in Annexure A judgment
of this Court dated 13.12.2024 in W.P.(C)No.43215 of 2024,
whereby that writ petition was disposed of with the directions
contained in that judgment. Paragraphs 4, 5 and also the last
paragraph of the said judgment read thus;
"4. The issue raised in this writ petition is covered in favour
of the petitioners by Ext.P2 judgment of this Court dated
10.01.2024 in W.P.(C)No.963 of 2024 and also the directions
contained in the orders of this Court in SSCR No.79 of 2024
filed by the Special Commissioner, Sabarimala, regarding
crowd management and other aspects at Sabarimala in
connection with Mandala-Makaravilakku festival season of
1200ME (2024-25).
5. In terms of the directions contained in the orders in SSCR
No.79 of 2024, the Special Squad consisting of three
Executive Magistrates at Sannidhanam, Pamba and Nilakkal
are conducting regular inspections. The activities of the
Special Squad are being reported to this Court in the
periodical reports filed by the Special Commissioner,
Sabarimala. Based on such reports, further directions are
being issued, in order to prevent unauthorised sale of food
items and other articles at Sabarimala, Pamba and Nilakkal
and also on the side of the trekking path from Pamba to
Con.Case(c) No.33 of 2025 4 2025:KER:4933
Sannidhanam, in order to ensure a safe and secure
pilgrimage by all pilgrims and also to prevent exploitation of
the pilgrims in any manner.
Having considered the pleadings and materials on record
and also the submissions made at the Bar, we deem it
appropriate to dispose of this writ petition by directing the
3rd respondent Travancore Devaswom Board, the 2nd
respondent District Collector, the 7th respondent Executive
Officer, the 8th respondent Station House Officer, Nilakkal
Police Station and the Secretary of the additional 9th
respondent Ranni-Perunadu Grama Panchayat to take
necessary steps to prevent unauthorised sale of food items
and other articles at Nilakkal parking ground during
Mandala-Makaravilakku festival season of 1200ME. The
Special Squad under the Executive Magistrate, Nilakkal shall
have constant vigil over the activities of the Kuthaka holders
and others at Nilakkal, in order to prevent unauthorised sale
of food items and other articles by persons other than
Kuthaka holders. The Special Squad shall also ensure that
the activities of the Kuthaka holders are confined to the
Kuthaka right granted by the Travancore Devaswom Board
and that no Kuthaka holder is exploiting the pilgrims in any
manner."
2. On 09.01.2025, when this contempt of court case came
up for admission, this Court passed the following order;
"The petitioners have filed this Contempt Case, invoking the
provisions under Section 12 of the Contempt of Courts Act,
1971, alleging wilful disobedience of the directions contained
in Annexure A judgment of this Court dated 13.12.2024 in
Con.Case(c) No.33 of 2025 5 2025:KER:4933
W.P.(C)No.43215 of 2024, whereby that writ petition was
disposed of by directing the Travancore Devaswom Board, the
District Collector, Pathanamthitta, the Executive Officer,
Sabarimala, the Station House Officer, Nilakkal Police Station
and the Secretary of Ranni-Perunadu Grama Panchayat to take
necessary steps to prevent unauthorised sale of food items and
other articles at Nilakkal parking ground during Mandala-
Makaravilakku festival season of 1200ME. The Special Squad
under the Executive Magistrate, Nilakkal was directed to have
constant vigil over the activities of the Kuthaka holders and
others at Nilakkal, in order to prevent unauthorised sale of food
items and other articles by persons other than Kuthaka
holders. The Special Squad was also directed to ensure that
the activities of the Kuthaka holders are confined to the
Kuthaka right granted by the Travancore Devaswom Board and
that no Kuthaka holder is exploiting the pilgrims in any manner.
2. Along with this contempt case, the petitioners have placed
on record Annexure B photographs evidencing unauthorised
sale at Nilakkal parking ground.
3. The learned Senior Government Pleader, the learned
Standing Counsel for Travancore Devaswom Board and also the
learned Standing Counsel for Ranni-Perunadu Grama
Panchayat seek time to get instructions."
3. On 16.01.2025, when this contempt of court case came
up for consideration, this Court passed a detailed order. Paragraph
2 of that order reads thus;
"2. The learned Standing Counsel for Travancore Devaswom
Board has made available for the perusal of this Court a
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report dated 03.01.2025 filed by the Special Commissioner,
Sabarimala regarding the activities of Duty Magistrates at
Sannidhanam, Pampa and Nilakkal for the period from
20.12.2024 to 02.01.2025, as per which one of the
irregularities found by the Special Squad on 25.12.2024 is
over prizing in the Stall No.192 run by the 2nd petitioner at
Nilakkal parking area, for which he was imposed with a fine
of Rs.1,000/-. As per the report dated 10.01.2025 of the
Special Commissioner regarding the activities of Duty
Magistrates at Sannidhanam, Pampa and Nilakkal for the
period from 03.01.2025 to 08.01.2025, the 1 st petitioner
who is running Stall No.226 at Nilakkal parking area was
imposed with a fine of Rs.5,000/- for violation of Packaged
Commodities Rules."
4. The learned Senior Government Pleader has placed on
record an affidavit dated 15.01.2025 sworn to by the 1st
respondent District Collector, wherein it is stated that so far around
284 street vendors have been evicted from Nilakkal Base Camp.
After the judgment of this Court dated 13.12.2024, regular joint
inspections were conducted by various departments under the
leadership of the Duty Magistrate and around 180 street vendors
who were found in the resting area of the devotees were evicted
from there, in 40 different inspections, and a fine of Rs.500/- each
was imposed on two street vendors. Strict warnings were issued
against repeating unauthorised vending. In the light of the
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directions contained in this contempt case, strict instructions were
given to the Duty Magistrates to monitor the situation and take
necessary steps to prevent unauthorised vending at Nilakkal
parking grounds.
5. Heard the learned Senior Counsel for the petitioners,
the learned Senior Government Pleader for respondents 1 and 4,
the learned Standing Counsel for Travancore Devaswom Board for
respondents 2 and 3 and the learned Standing Counsel for Ranni-
Perunadu Grama Panchayat for the 5th respondent.
6. As stated in the affidavit dated 15.01.2025 sworn to by
the 1st respondent District Collector, we notice that in the joint
inspection conducted under the leadership of the Duty Magistrate,
Nilakkal, around 284 street vendors have been evicted from
Nilakkal Base Camp. Regular inspections were conducted after the
judgment of this Court dated 13.12.2024, in which around 180
street vendors, who were found in the resting area of the
devotees, were evicted from there. The stand taken in the affidavit
filed by the 1st respondent is that strict warnings were issued
against repeating unauthorised vending at Nilakkal parking
grounds.
7. Having considered the pleadings and materials on
Con.Case(c) No.33 of 2025 8 2025:KER:4933
record and submissions made at the Bar, we find that the
respondents have taken earnest efforts to comply with the
directions contained in Annexure A judgment of this Court dated
13.12.2024 in W.P.(C)No.43215 of 2024. The total extent of
Nilakkal Base Camp is approximately 110 Hectares. During the
Mandala-Makaravilakku festival season, there is a huge inflow of
pilgrims at Nilakkal Base Camp. Therefore, it cannot be said that
there is any wilful disobedience on the part of the respondents in
complying with the directions contained in Annexure A judgment
of this Court.
In such circumstances, we find no reason to proceed with
this contempt case further, and the same is closed, after recording
the stand taken by the 1st respondent District Collector in the
affidavit dated 15.01.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
scl
Con.Case(c) No.33 of 2025 9 2025:KER:4933
APPENDIX OF CON.CASE(C) 33/2025
PETITIONER ANNEXURES
Annexure A TRUE COPY OF JUDGMENT DATED 13..12..2024 IN
W.P. (C) NO. 43215 OF 2024
Annexure B TRUE COPIES OF PHOTOGRAPHS EVIDENCING THE
UNAUTHORIZED SALE IN VIOLATION OF THE
ORDERS OF THIS HON'BLE COURT
