Kerala High Court: In a suo motu case initiated for providing amenities and facilities to the Sabarimala pilgrims and for effective crowd management during the ongoing Mandala-Makaravilakku festival, the division bench of Anil K. Narendran* and Muralee Krishna S., JJ., directed District Collector and District Police Chief, Pathanamthitta to take necessary steps to ensure that no issues are being created by the traders who have opposed inspections, causing inconvenience to the pilgrims.
Background
On 02-12-2024, the Court was informed by the District Collectors, District Disaster Management Authority (DDMA) of Pathanamthitta, Idukki, and Kottayam that certain actions have been taken by the State, which are as follows:
Bathing of pilgrims in the Pamba River and the Erumeli Stream has been prohibited.
Personnel from the National Disaster Response Force (NDRF), Fire and Rescue Services, and Police have been deployed on the banks of the Pamba River.
The movement of pilgrims through the traditional trekking paths has been prohibited until further orders by the DDMAs concerned.
The DDMA, Pathanamthitta had convened a meeting to review the situation.
After perusal of the aforementioned steps taken by the authorities, the Court vide order dated 02-12-2024, directed the three District Collectors to take necessary steps to ensure a safe and secure pilgrimage of the pilgrims at Sabarimala, Erumeli, and in the traditional trekking paths. Additionally, the Court emphasized that any restrictions imposed under the , must be effectively communicated to the pilgrims through the public address system, ensuring that they are fully informed about the guidelines and any potential restrictions that may affect their pilgrimage.
Analysis and Decision
The Court was informed that the restrictions on the banks of the Pamba River and the side of Erumeli Stream have already been lifted, but the restrictions on movement through traditional trekking paths are still in place.
The Court referred to a previous order dated 28-11-2024, wherein the Court had noticed that one major issue faced by the Board of Malikappuram Temple (‘the Temple’) is the recent practice of pilgrims throwing clothes on the roof, pouring turmeric powder on the walls and rolling coconut around the Temple. Subsequently, the Temple Board informed the Court that they have decided to take necessary steps against this issue after discussing it with the Tantri of Sabarimala Temple.
The Court noted that in the last order dated 02-12-2024, it had directed the Board to take a written opinion from the Tantri for the same. Regarding this direction, the Temple Board informed the Court that they would issue an advisory to the pilgrims only after considering the written opinion of the Tantri.
Upon perusal of the report filed by the Special Commissioner, Sabarimala, the Court directed the Executive Officer, Sabarimala to take necessary steps to ensure that rice sacks kept near the Appam Aravana counter are removed by the Kuthaka holder periodically.
In the same report, it was mentioned that some shop owners had approached the District Collector, Pathanamthitta against the inspection conducted by the Special Squad and threatened to close their shops. Considering the aforesaid, the Court directed the District Collector and District Police Chief, Pathanamthitta to take necessary steps to ensure that no issues are being created by the traders, causing inconvenience to the pilgrims. The Court further directed the District Collector to submit a report for the same within two days.
[Suo Motu v. State of Kerala, SSCR No. 79 of 2024, decided on 03-12-2024]
*Order Authored by: Justice Anil K. Narendran
Advocates who appeared in this case:
For the respondent: Deputy Solicitor General of India, S. Rajmohan, Senior Government Pleader, Nagaraj Narayanan, Special Government Pleader (Forest), G. Biju, Standing Counsel, Travancore Devaswom Board, Deepu Thankan, Standing Counsel, Kerala State Road Transport Corporation, Joshy V.V., Standing Counsel, Kerala Water Authority, and Sayujya Radhakrishnan, Amicus Curiae for Sabarimala Special Commissioner
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